Element B - PWS - Design to Build IDIQ SS DRAFT.pdf

PERFORMANCE WORK STATEMENT

SECTION C – DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 GENERAL REQUIREMENTS

C.1.1 SCOPE OF SERVICES

This is a Firm-Fixed-Price (FFP), Single Source Design and Construction Indefinite Delivery/Indefinite Quantity (IDIQ) for multi-traded maintenance, repair, alteration, and minor new construction at predetermined unit prices with price coefficients. The work under this contract shall be determined by individual FFP Task Orders predicated on a performance-based scope of work. The typical project is expected to be in the $5,000 to $5,000,000 range (smaller and larger projects may also be considered).

The Government reserves the right to accomplish work within the scope of the Contract by Government forces at the discretion of the Contracting Officer.

C.1.2. HOURS OF OPERATION

Normal working hours at all locations are Monday through Friday, 0600 to 1800. The hours that the site is normally available, however, is limited to a 9-1/2 hour period between 0700 and 1630, or as indicated in the individual Task Orders. Work shall not occur outside those hours unless previously approved by the Contracting Officer or specified in a Task Order. In the event that Government testing schedules interfere with the Contractor’s planned work schedule, and that interference will cause a delay in schedule or increase in price, the Contractor shall notify the Contracting Officer immediately.

C.2 TASK ORDER PROCESS

C.2.1. ORDERING PROCEDURES

C.2.1.1 All subsequent Task Orders under this IDIQ Contract will be awarded as Firm-Fixed- Price (FFP).

C.2.1.2 As the need for performance under the terms of this Contract arises, the Contracting Officer or authorized representative will notify the Contractor of an existing requirement. The information provided to the Contractor identifying the requirement will vary from a basic concept to full plans and specifications.

C.2.1.3 Upon receipt of a Task Order Request for Proposal (TORP), the Contractor shall respond to the needs of the Government within two (2) working days by:

(1) Arranging a site visit to the proposed work site in the company of the Contracting Officer or authorized representative; or

(2) Establish verbal contact with the Contracting Officer or authorized representative to further define the scope of the requirement as necessary.

C.2.1.4 A site visit will be scheduled as necessary to review and clarify the requirements of the TORP, verify existing conditions, and obtain whatever measurements and information are necessary to develop a complete and accurate Task Order Proposal (TOP).

C.2.1.5 Joint Scoping

C.2.1.5.1 The use of Joint Scoping between the Contractor and the Government is encouraged to fully identify the work needed to fulfill the requirement. If requested by the Contracting Officer or their authorized representative, Joint Scoping shall be accomplished as described herein.

C.2.1.5.2 When requested, a Joint Scoping Review shall be conducted to enable the Contractor to detail the project based on the information provided by the Government in writing (the scope of work); the conditions observed at the site; and discussion with the Government’s authorized representatives. Any deficiencies, omissions, or conflicts in the Government’s scope of work that are identified during the site visit shall immediately be brought to the attention of the Contracting Officer, in writing, for resolution prior to submission of the Contractor’s proposal.

C.2.1.5.3 The Contractor may submit written recommendations for changes, deviations or value engineering alternatives to the Government’s original project scope that will provide better quality, maintainability, constructability, operability, or price to the Government. The recommended changes to the Government’s scope shall be clearly identified in the form of a narrative description, with drawings or sketches as necessary, and shall reference the technical specification requirements.

C.2.1.5.4 The Contractor shall submit the proposed Joint Scope to the Contracting Officer for review within three (3) days after the site visit (or longer for large (over $250,000.00) and more complex projects, as allowed by the Contracting Officer.)

C.2.1.5.5 Upon establishment of the final scope of the individual Task Order, the Contractor shall then prepare the proposal for accomplishment of the task.

C.2.1.6 Non-Definitive Task Order

C.2.1.6.1 Most Task Orders issued will be definitive (a defined price based on predetermined tasks and quantities). However, under emergency conditions, or when otherwise appropriate, the Contracting Officer may issue a non-definitive (lacking definitive tasks or quantities) Task Order which directs the Contractor upon issuance of the order to proceed with the work immediately.

These unilateral orders will specify the work as non-definitive and will contain a maximum (not-to-exceed) dollar amount, against which the Contractor can submit invoices, during contract performance. The final price will be determined through negotiations to identify pre-priced and non-pre-priced tasks and quantities.

C.2.1.6.2 Within two (2) days from the notice to proceed of the Non-Definitive Task Order, the Contracting Officer will conduct a joint scoping meeting with the Contractor as per Section C.2.1.5 to further identify the work and establish Task Order requirements. Following

Government acceptance of the detailed scope of work, the Contractor shall prepare and submit a proposal.

C.2.1.6.3 The Government will review the Contractor’s proposal as per Section C.2.4. Upon completion of negotiations, the Contracting Officer will issue a Modification to the Task Order to incorporate the detailed scope of work, other Task Order requirements, and the final Task Order price. Failure to reach an agreement on the final price will be settled in accordance with FAR 52.233-1 “DISPUTES” (DEC 1991), ALTERNATE I (JUL 2002) Clause in Section I.

C.2.1.7 Oral Orders - Only the Contracting Officer may issue oral orders in emergency circumstances. Oral orders will be confirmed by issuance of a written delivery order within two

(2) work-days after the oral order is placed.

C.2.2 CONTRACTOR PROPOSALS

An acceptable Task Order Proposal (TOP) shall consist of the following:

C.2.2.1 Cover Sheet: Each TOP cover sheet shall include contract number, project number, project title, contact information for the Contractor, performance period, assumptions, exceptions, and the date to which the proposal will be valid. At a minimum each proposal shall be valid for 120 calendar days unless a longer period is requested in the RFP.

C.2.2.2 Price: An electronic copy of the Contractor’s pricing, with sufficient data to substantiate pricing (data other than certified cost or pricing, ref. FAR 52.215-20 Alt IV). The Government reserves the right to request additional pricing information after receipt and evaluation of proposals. Additional information on pricing requirements utilizing R.S. Means is provided at X.X.

C.2.2.3 Project Schedule: Each TOP shall include a brief critical path schedule, taking into account the major work elements, mobilization, material delivery times, anticipated weather delays, and final inspection. The proposed timeline should be of sufficient detail to demonstrate that the Offeror can meet the Governments proposed Period of Performance (PoP).

C.2.2.4 The Contractor shall provide all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design, and all other associated costs necessary to fulfill the requirements of each Task Order. Preparation of Contractor proposals and Task Order performance shall require management and coordination of numerous projects simultaneously. All costs associated with preparing proposals shall be the responsibility of the Contractor.

C.2.3 Period of Performance

If the Government has a maximum PoP it will be stated in the TORP. If not, the Contractor can propose a PoP using the brief critical path schedule. The PoP shall start on the TO award date.

The calculated PoP is made up of the following:

• Pre-Construction Period: Not more than 30 calendar days. Time allotted to the Contractor to submit insurance and bonding information, submission of preconstruction submittals required by specifications, and onsite mobilization.

• Physical Construction: Varies by TO. Time allotted to the Contractor to complete all construction activities required by the TO.

• Project Closeout: Not more than 30 calendar days. Time allotted to the Contractor to prepare all project close out submittals and submit application for final payment.]

C.2.4 Review of Proposal

C.2.4.1 Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and reasonableness. If necessary, the Contracting Officer will arrange with the Contractor to discuss the scope of all pre-priced items and to negotiate all non-pre-priced items and performance times. Upon completion of negotiations, the Contractor shall submit a "clean copy" of their proposal reflecting agreed upon line items, time frames, and the final scope.

C.2.4.2 The Contracting Officer reserves the right to reject a proposal for any reason, including the quantities or tasks selected by the Contractor, schedule, inadequate documentation, or unacceptable pricing for non-pre-priced work. The Contracting Officer also has the right to cancel an TORP if the proposed cost significantly exceeds the Government estimate or budget, or it is otherwise determined to be in the best interests of the Government. The Contractor has no claim to recoup proposal expenses. The Government may pursue the performance of such work by other means.

C.2.4.3 The Contracting Officer will issue an FFP Task Order for the work. The costs negotiated and documented in the final proposal will be fixed. Upward or downward adjustments will not be made due to quantity or other estimating errors.

C.2.4.4 Adjustments to the fixed price of the Task Order scope of work will be considered if the contract clause entitled “Differing Site Conditions”, FAR 52.236-2, applies, or if unforeseen conditions are discovered that were not predictable prior to pricing the work.

C.2.5 Modifications to Task Orders

C.2.5.1 Task Orders may be modified by agreement between the Contracting Officer and the Contractor. Modifications to Task Orders shall be issued on a Standard Form 30.

C.2.5.2 Orders may be modified orally by the Contracting Officer in emergency circumstances.

Oral modifications shall be confirmed by issuance of a written modification on Standard Form 30 within two (2) working days from the time of the oral communication modifying the order.

C.3 COMMENCEMENT OF WORK

C.3.1. Task Orders will be issued by the Contracting Officer using the Department of Defense

(DD) Form 1155, Order for Supplies and Services. Each Task Order will include the following information:

• Date of Task Order;

• Contract Number and Task Order Number;

• Item Number, description, material submittal requirements, quantity and unit prices for items and total;

• Task order price and delivery or performance date;

• Accounting and appropriation data;

• Liquidated damage, if any; and;

• Any statement of work, drawings or other pertinent data.

C.3.2 The Task Order document (DD Form 1155) is the Contractor’s notice to proceed.

C.3.3 Prior to commencing work under a Task Order (unless otherwise determined unnecessary by the Government), a Preconstruction Conference shall be held in accordance with FAR Clause 52.236-26 incorporated by reference in Section I.

C.3.4 Order of Conflicting Task Order Documents. In the event of any inconsistency in the written direction provided to the Contractor in the Task Order documents, precedence shall be as follows:

a. Scope of Work

b. Drawings

c. Specifications (defined here as the UFGS Guide specifications referenced or included in the Task Order).

C.3.5 Omissions from the drawings or the mis-descriptions of details of work which are manifestly necessary to carry out the intent of the drawings and specifications or which are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work but they shall be performed as if fully and correctly set forth and described in the drawing and specifications.

C.3.6 The Contractor shall complete all work by the required completion date specified in the Task Order. Where unforeseen conditions cause delays, the completion date may be extended only as negotiated and modified in the Task Order. Upon Task Order completion and Government acceptance of the work, the Contractor shall complete a final release and submit it with a request for final payment.

C.3.7 Time Extensions – FAR 52.211-13 – Notwithstanding any other provisions of this Contract, it is mutually understood that the time extensions for changes in the work will depend on the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the Contract completion date will be extended for only those specific elements so delayed and that the remaining Contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages under the new completion schedule.

C.3 8 Task Order Liquidated Damages.

C.3.8.1 FAR Clause 52.212-5, Liquidated Damages – Construction, will be included in each TORP and incorporated into the Task Order identifying the liquidated damages rates applicable to that Order. If the Contractor fails to complete the work within the time fixed in the Order or any extension thereof, the Contractor shall pay to the Government as liquidated damages for each Task Order, the rate cited in the Order.

C.3.8.1 In the event a task order does not include the FAR Clause 52.212-5, or does not specifically delineate the liquidated damages for the Task Order the following shall apply to that Task Order:

Liquidated Damages -- Construction (Sept 2000)

(a) If the Contractor fails to complete the work within the time specified in the Contract, the Contractor shall pay liquidated damages to the Government in the amount indicated in the table below based on the award amount of the Task Order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Task Order Award Amount Liquidated Damages up to $25,000 $80 $25,000 to $50,000 $110 $50,000 to $100,000 $140 $100,000 to $500,000 $200 Each additional $100,000 add $50

C.4 PROJECT REQUIREMENTS

C.4.1 The Contractor shall establish and maintain a complete quality control program in accordance with CDRL A001 and FAR 52.246-12, “INSPECTION OF CONSTRUCTION” clause. (CDRL A001)

C.4.2 The Contractor shall provide architectural, structural, mechanical, electrical, civil, fire protection or other engineering services for performance-based scopes of work as requested by the Contracting Officer or as required for filings or permits or submittal of documents for regulatory agency approval. The services shall be provided by architects or engineers registered and insured to practice in the professional field involved in the locality where the work is to be accomplished.

Design Services provided under this contract may also require the Architecture & Engineering (A- E) Design Team to obtain permits and coordinate with and respond to questions from the Virginia Department of Environmental Quality (VDEQ). (CDRL A003)

C.4.3 The Contractor shall prepare and submit required reports, maintain current record drawings, and submit required information.(CDRL A003)

C.4.4 As-built Record Drawings shall be kept by the Contractor throughout the work of each Task Order and turned over to the Government at each Task Order completion. The Record Drawings shall be kept by the Contractor during the progress of the job to serve as a record of all changes and corrections form the original layout on the drawings. Locations of all known sub-surface utility lines that are provided as new work, or discovered during excavation work, shall be detailed on the record drawings. In order that all newly provided buried or hidden items may be determined in the future, the drawings shall show their location using offset dimensions to two (2) permanent fixtures or landmarks. This method shall be used to locate the end of each run and all changes in direction. Valves, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a known reference point. The average depth of the item shall be recorded. Final As-Built Record Drawings shall be submitted to the Contracting Officer upon project completion. (CDRL A003) Failure to maintain record drawings will result in retention from progress payments, and notation on the performance evaluation of record.

C.4.5 The Contractor shall provide materials lists during execution of each Task Order to include trade names, brand names, model number, and ratings (if appropriate) for all materials necessary for a complete job. (CDRL A002)

C.4.6 All documents prepared by architects, consultants and engineers for the Contractor under this Contract are subject to review by the Contracting Officer. Review by the Contracting Officer does not relieve any architects, consultants or engineers from the professional liability associated with documents they have prepared.

C.4.7 The following documents are to be used in the preparation and execution of work under this Contract:

a) Unified Facilities Guide Specifications Division 01 — General Requirements

b) Unified Facilities Guide Specifications Divisions 02 through 48

C.4.7.1 The current Department of Defense (DOD) Unified Facilities Guide Specifications (UFGS) consisting of Divisions 02 through 48 of specifications in the Construction Specifications Institute’s (CSI) MasterFormat are incorporated by reference. The current UFGS can be found at the following website:

http://www.wbdg.org/ccb/browse_org.php?o=70

C.4.7.2 The intent of the UFGS specifications is to furnish industrial and/or commercial standards for design, construction, alteration, maintenance and repair of Government facilities.

Special requirements and edited specifications that are indicated in Task Order requests shall supersede any similar requirements noted in the reference guide or other specifications.

C.4.7.3 A UFGS specification that has a fifth level number indicates that it as an agency specific specification. Preparing agencies are indicated in the UFGS header of each specification. Where multiple versions of applicable specification sections exist, the Naval Facilities Engineering Systems Command (NAVFAC) specific specification (those with fifth level number “20”) shall be used for the preparation and execution of work on this Contract.

http://www.wbdg.org/ccb/browse_org.php?o=70

C.4.8 All work will be inspected in accordance with the requirements of this Contract, the Task Order and applicable approved submittals. All work performed shall conform to the UFGS, standard industry work practices, and the provisions of this Contract. Unless otherwise directed by the Contracting Officer all work shall be performed in accordance with the current National Fire Protection Association (NFPA) codes and standards, International Building Code, International Plumbing Code and International Mechanical Code. These Codes take precedence over all other direction that may be provided herein or with individual Task Orders UNLESS more stringent requirements are indicated in the Request for Task Order Work (the more stringent requirements take precedence.)

C.4.8.1 Design: During the Design Phase, the Government shall provide Quality Assurance (QA) oversight with intent to verify the design-build team completes the design in accordance with project requirements prepared and provided by the Government, UFC’s, and all applicable building and life safety codes. The Government will provide comments to the design-build team throughout the design and at every design submission. The design-build team shall not proceed with the next phase of design without consent from the Government. Failure of the Government to identify discrepancies in the design will not alleviate the design-build team’s requirement to provide a design solution that meets project/mission requirements and complies with all applicable UFC’s, building and life safety codes.

C.4.8.2 Construction: During the Construction Phase, the Government will provide QA oversight with intent to verify the design-build team completes construction in accordance with the design documents. The QA oversight by the Government throughout construction will include the following:

1. Participation at weekly or bi-weekly progress meetings.

2. Review and acceptance of construction progress meeting minutes prepared by the design-build team.

3. Review and approval of submittals.

4. Periodic visits to the project site to verify work is completed per the design documents.

5. Response to Requests for Information (RFI’s).

6. Punch list/final walkthrough and acceptance of completed work.

C.4.8.3 The COR, Alternate Contracting Officer’s Representative (ACOR), or other evaluators shall follow the methods of surveillance noted above and where specified elsewhere in this Contract and shall record all observations. When an observation demonstrates defective performance, the COR/ACOR shall require the contract manager or representative at the site to initial the observation to acknowledge the deficiency and coordinate corrective action. Failure of the Government to note errors or omissions in the completed work does not alleviate the design-build team’s requirement to complete renovations and construction that complies with all applicable UFC’s, building and life safety codes.

C.4.9 The Contractor submitted specifications required under this Contract shall be in the SPECSINTACT system format; organized using CSI MasterFormat Divisions, 3-part format and all drawings shall be submitted in AutoCAD compatible format (2006 version or as specified in the individual Task Order).

C.4.10 In creating the technical specifications, the Contractor may substitute proprietary product information in the specifications sections for products that have already been selected. These products must meet the minimum quality requirements of the guide specifications.

C.4.11 Preconstruction Conference. Within seven (7) days after Task Order issuance, the Contractor shall schedule a Preconstruction Conference with the Contracting Officer to be held either within fifteen (15) days of Task Order issuance or early enough to ensure timely completion of the work. The Preconstruction Conference may address specific work requirements and restrictions, safety requirements, quality control requirements, project team personnel assignments, security requirements, scheduling, and any other pertinent information regarding the work. Work shall not proceed until after the preconstruction meeting, unless otherwise permitted by the Contracting Officer’s Representatives. Failure of the Contractor to request a Preconstruction Conference in a timely manner will not be cause for a time extension on the Task Order. (CDRL A004)

C.4.12 Before any of the work is initiated under an individual Task Order, the Contractor shall furnish all drawings and submittals necessary for completion of that portion of work. The Contractor shall confer with the Contracting Officer and agree on sequence of procedure; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, means of communications, the location of partitions, and rest rooms for Contractor employees. The work shall be executed in a manner that will cause the least practicable disturbance to the occupants of the buildings and normal activities of the station. Furniture and portable office equipment in the immediate area shall be moved by the Contractor and replaced to its original position. If the work required by the Task Order will not allow furniture and portable office equipment to be replaced to its original position, new locations will be designated by the Contracting Officer for replacement by the Contractor. If the situation does not allow for the moving of office equipment, furniture, etc., the Contractor shall cover/protect at their own expense. Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas, which shall be completed before work in other sections, or divisions have begun. (CDRL C.4.122)

C.4.13 The Contractor shall submit Task Order preconstruction submittals within the specified times following issuance of the Task Order unless indicated otherwise. (CDRL A002, A003, A005)

Projects under $250,000:

Construction Schedule Within 5 days Site Specific Activity Hazard Analysis Plan Within 10 days Material/Product Catalog Cut Sheets Within 10 days

Projects over $250,000:

Construction Schedule Within 10 days Site Specific Activity Hazard Analysis Plan Within 15 days Material/Product Catalog Cut Sheets Within 15 days

C.4.14 Materials and equipment may not be stored at the jobsite lay down area after work hours unless approved in advance by the Contracting Officer. The availability of job site lay down areas is dependent upon Task Order size and location of the work. A job site lay down availability will be included with each TORP and resulting Task Order.

C.4.15 The Contractor shall provide a field office with telephone, fax and email access that is manned during normal working hours at each site where workload is at least $1,000,000 annually. Costs for maintaining the field office are the responsibility of the Contractor.

Availability of space for an on-site field office trailer cannot be guaranteed at each work site/installation. The Contractor shall also provide a 24 hour, seven (7) days a week, emergency contact phone number where Contractor Representatives can be reached by the Government for the ordering of work, or for active job-site related issues. At least one (1) of the emergency contacts shall be designated to be authorized to negotiate and obligate the Contractor to perform additional work

C.4.16 The Contractor shall submit a General Accident Prevention Plan. A project specific abbreviated plan will be required for individual Task Orders. (CDRL A006)

C.4.17 The Contractor shall submit a General Environmental Protection Plan. Amendments to augment the Environmental Protection Plan to adequately address environmental issues applicable to the Task Order may also be required. (CDRL A007)

C.4.16 The Contractor shall perform work in accordance with the Government provided Construction and Design Specifications. The Contractor shall communicate all concerns regarding the specifications to the Contracting Officer, and the Contracting Officer’s Representative (COR) within a reasonable time to allow for discussion and resolution, in order to mitigate concerns with project schedules.

C.4.2. Regulations

C.4.2.1 All work performed under this contract shall be performed following applicable Government plans, standards, policies, and processes. The Contractor’s activities shall conform to the systems test and operations environment and standards including all updates, improvements, and additions to these process documents made over the life of the contract. The Contractor shall use the Department of Defense (DoD) Unified Facilities Criteria (UFC) for facilities and infrastructure construction and modification. All documentation shall be developed within the software environment specified by the Government, Microsoft Office toolset and other specific tools and environments as stipulated in each Task Order. Deviations from these processes, policies, and procedures are not authorized without advance approval by the COR.

C.4.2.2 All projects under this contract shall comply with the most recent edition of applicable federal, state, and local laws, codes, and regulations including but not limited to the following (any exception must be approved in writing by the Contracting Officer):

1. OPNAVINST 5100.23 (5 JUN 2020)

2. OPNAVINST 5100.27B (02 MAY 2008)

3. OPNAVINST 5090.1 (25 JUN 2020)

4. NAVSEA S0420-AA-RAD-010 (19 JUL 2007)

5. NAVFAC P-307 (JAN 2025)

6. NAVSUP Publication 538 (01 APR 2012)

7. NSWCDDINST 5100.1 (15 APR 2012)

C.4.2.3 The Contractor shall comply with the requirements of NAVSEA and NSWCDD instructions / manuals found at https://wwwdd.csd.disa.mil/program/Security_Office/index.html regarding performance in Government facilities.

C.4.3. Contractor Personnel

The Contractor shall employ a sufficient number of qualified personnel to adequately perform and oversee all work under this contract. When work is performed at any site, the assigned Lead (i.e. Superintendent, Supervisor, Foreman, etc.) or an appointed alternate shall be available as a liaison for the Government. Any appointed alternate shall be authorized to act on behalf of the contractor.

C.4.4. Employee Equipment

Contractor shall provide all required Personal Protective Equipment (PPE) and any special equipment required for safe and timely completion of projects. Certain Safety items will need to be approved by NSWCDD Base Safety prior to use (example: safety harness for fall protection).

C.4.5. Employee Requirements

The Contractor shall ensure that the employees and Sub-contractor employees have current, valid licenses and certifications necessary to perform their functions. Any cost or time associated with obtaining licenses or certifications shall be at the Contractor’s expense. Training necessary to ensure that personnel performing under this contract maintain the knowledge and skills to successfully perform the required functions is the responsibility of the Contractor. The Contractor shall ensure manufacturer certified maintenance personnel perform maintenance and repair on mechanical and electrical critical systems in accordance with this PWS.

C.4.6. Employee Conduct

The Base Commander has authority to refuse access to any person working under this contract for reasons of misconduct, security, or if found to be or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent (ref. 18 U.S.C.1382 (1972)). Assignment, transfer, and reassignment of Contractor personnel shall be at the discretion of the Contractor.

However, when the Government directs, the Contractor shall remove from contract performance any person who endangers life, property, or national security through improper conduct. All Contractor personnel engaged in work while on Government property shall be subject to all applicable DoD and Navy Standards of Conduct. All persons engaged in work while on Government property shall be subject to search of their persons (no bodily searches) and vehicles https://wwwdd.csd.disa.mil/program/Security_Office/index.html at any time by the Government, and shall report any known or suspected security violations to the appropriate Security Department.

C.4.7. Employee Required Training

The Contractor shall have personnel certified in Hazard Communication (HAZCOM). On a Task Order basis, Contractor personnel may be required to take training mandated by NSWCDD.

Examples include but are not limited to Anti-Terrorism Training, Annual NSWCDD environmental awareness, Privacy Training, and Information Assurance Training.

C.5 CONTRACT DATA REQUIREMENTS LIST (CDRL)

[Your CDRLs should be listed here. Do not include language about the content and timeline of the CDRL if it’s already addressed in the DID.]

C.6 CONSTRUCTION WAGE RATE DETERMINATION

Construction Wage Determination(s) shall be current and site specific to each order and incorporated at the time the order is placed.

C.7 SAFETY

C.7.1. SAFETY

C.7.1.1 The Contractor shall comply with the requirements of NSWCDD, Department of the Navy (DON), and DOD safety policies and practices currently in force and all subsequent revisions. Established policies, directives, and guidance relating to safe operating practices and personnel safety are mandatory and shall be complied with at all times. The Contractor shall monitor and observe all activities and personnel to ensure strict adherence and compliance to applicable standard operating procedures and safety procedures. The Contractor shall observe all applicable technical, safety, and policy requirements as applies to the handling of hazardous materials.

C.7.1.2. The Contractor shall address and comply with all applicable workplace and work environment conditions for compliance with the intent and letter of Federal, State, local and DoD Occupational Safety and Health laws and regulations, policies, and practices.

C.7.1.3. All operations are subject to DOD/DON/NSWCDD safety inspections. The Contractor shall support NSWCDD annual safety and environmental facility audits and data collection efforts. The Contractor shall be responsible to correct any deficiencies noted in the annual inspection.

C.7.2. ENVIRONMENTAL AND HAZARDOUS MATERIALS HANDLING

C.7.2.1 The Contractor, suppliers, and Sub-contractors shall comply with all certification, licensing, and training requirements for all federal, state, and local laws and regulations with respect to the handling and disposal of hazardous materials.

C.7.2.2 The Contractor shall create a Hazardous Material Management Plan (HMMP) (CDRL A008) at locations where the Contractor disposes of hazardous materials such as batteries;

fluorescent tubes, caulking tubes, and refrigerant. Contractor shall utilize hazardous materials collection points or Government collection centers for discarded hazardous material.

C.7.2.3 Asbestos and lead‐based paint assessments may be required on this contract to determine the presence of hazardous material during demolition or at utility points of connections. Work on and around waterfront structures, including under deck and underwater, and work in confined spaces may be required on this contract. The Contractor shall be able to accept work that involves asbestos, lead paint, Poly‐Chlorinated Biphenyls (PCBs), and other hazardous materials, work on and under waterfront structures, and in confined spaces.

C.8 SECURITY

C.8.1 Portable Electronic Devices

C.8.1.1 Non-Government and personally owned portable electronic devices (PEDs) are prohibited in all NSWCDD buildings with the exception of personally owned cell phones which are authorized for use in General Office Spaces (GOS). All personnel need to be aware of the PEDs policy and being permitted in a building by asking authorized personnel or reviewing the entrance area signs and instructions. The Contractor/personnel visiting shall ensure the onsite personnel remain compliant with this PED policy. NSWCDD instruction defines PEDs as the following: any electronic device designed to be easily transported, with the capability to store, record, receive or transmit text, images, video, or audio data in any format via any transmission medium. PEDs include, but are not limited to, pagers, laptops, radios, compact discs, and cassette players/recorders. In addition, this includes removable storage media such as flash memory, memory sticks, multimedia cards and secure digital cards, micro-drive modules, ZIP drives, ZIP disks, recordable CDs, DVDs, MP3 players, iPad, digital picture frames, electronic book readers, kindle, nook, cameras, external hard dish drives, and floppy diskettes.

C.8.1.2 Personal Wearable Fitness Devices (PWFDs) marketed primarily as fitness or sleep devices are allowed in all Navy spaces, if they are compliant with NAVADIN 216/15, where collateral non-Sensitive Compartmented Information (SCI), classified information is processed, stored, or discussed up to and including SECRET. The user must ensure the PWFD is compliant with all requirements in NAVADMIN 216/15, Cyber Hygiene Authorization to use Personal Wearable Fitness Devices (e.g., FitBit, Jawbone UP, etc.) in Navy Spaces, dated 14 September 2015 and register PWFD in the NSWCDD Fitness Device Tracker.

C.8.1.3 Personnel requiring the use of Medical Portable Electronic Devices (MPEDS) must submit Form NSWCDD 5239/4 for SCIF authorization to the SCIF authorizations to the Special Security Officer (SSO). For Special Access Program Facility (SAPF) authorizations, follow the guidance provided by the Government Special Access Program Security Officer (GSSO).

Authorizations for use in SAPFs that are co-utilized within NSWCDD SCIFS require coordination between both the GSSO and SSO. For authorizations to use MPED in Collateral Classified spaces, submit form to the Special Programs Branch, Code 1053.

C.8.1.3 PEDs belonging to an external organization shall not be connected to NSWCDD networks or infrastructure without prior approval from the NSWCDD Information Assurance and Compliance Branch. This approval will be granted using the Temporary Approval Request for Information System (TARIS) form and action tracker process.

C.8.1.4 Personally owned hardware or software shall not be connected or introduced to any NSWCDD hardware, network, or information system infrastructure.

C.8.2 Operations Security (OPSEC)

C.8.2.1. Contractor personnel shall follow OPSEC concepts and principles in the conduct of this requirement to protect critical information, personnel, facilities, equipment, and operations from compromise. All Contractors (including Sub-contractors) shall supplement their current security practices by requiring any personnel involved in executing this contract to complete Government-sponsored and administered Operations Security (OPSEC) training. In addition, all Contractors should be aware of the Critical Information and Indicators List (CIIL) for the organization they are supporting as well as the OPSEC plan for NSWCDD. These OPSEC requirements will be in effect throughout the life of the procurement from award through the conclusion of services at the end of the period of performance (PoP) or other procurement termination. The Contractor must immediately notify the Government upon the discovery of any nonconformance with the OPSEC Plan.

C.8.3 Privacy Program Training

Privacy training is mandatory for all NSWCDD personnel (military, civilian, and Contractor) and must be completed annually. Total Workforce Management Services (TWMS) is the official database for workforce training and is the tool for taking and recording Privacy Act training.

The Contractor is responsible for ensuring individual annual privacy training requirements are met.

C.9 PRIVACY INFORMATION

Work under this Contract may require that personnel have access to Privacy Information.

Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code Section 552a, FAR 52.224-2 Privacy Act, and applicable agency rules and regulations.

C.10 NON-PERSONAL SERVICES/INHERENTLY GOVERNMENT FUNCTIONS

(a) The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. The Government will not direct the hiring, dismissal or reassignment of Contractor personnel. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception that personal services are being provided. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer immediately in accordance with FAR 52.243-7 Notification of Changes.

(b) Inherently-Governmental functions are not within the scope of this contract. Decisions relative to programs supported by the Contractor shall be the sole responsibility of the Government. The Contractor may be required to attend technical meetings for the Government;

however, they are not, under any circumstances, authorized to represent the Government or give the appearance that they are doing so.

C.11 CONTROL AND ADMINISTRATION OF CONTRACTOR PERSONNEL

(a) The Contractor shall comply with the requirements of NAVSEA and NSWCDD instructions regarding performance in Government facilities. All Contractor personnel engaged in work while on Government property shall be subject to all applicable DOD and Navy Standards of Conduct.

(b) The Contractor shall be required to obtain identification badges from the Government for all Contractor personnel requiring regular access to Government property. When on-site in Government office spaces, laboratories, test facilities, or ship assets, Contractor employees shall be clearly identified as a Contractor (e.g., utilizing badge identifications and sign identifications in office spaces). The identification badge shall be visible at all times while employees are on Government property. The Contractor shall furnish all requested information required to facilitate issuance of identification badges and shall conform to applicable regulations in the Department of Defense Manual (DODM) 1000.13 DoD Identification (ID) Cards ID Card Life- Cycle concerning the use and possession of the badges.

(c) The Contractor shall ensure that all identification badges issued to Contractor employees are returned to the appropriate Security Office within 48 hours following completion of the Contract, relocation or termination of an employee, and upon request by the Contracting Officer.

(d) All Contractor personnel shall identify their company affiliation when answering or making telephone calls and sending email and when attending meetings where Government personnel or representatives from other Contractors are present. In addition, Contractor personnel cannot lead/manage/supervise Government personnel. Contractor program/project managers shall be clearly identified and known as such by Government employees.

(e) All persons engaged in work while on Government property shall be subject to search of their persons (no bodily search) and vehicles at any time by the Government and shall report any known or suspected security violations to the appropriate Security Department. Assignment, transfer, and reassignment of Contractor personnel shall be at the discretion of the Contractor.

However, when the Government directs, the Contractor shall remove from Contract performance any person who endangers life, property, or national security through improper conduct.

C.12 TERMINATION OF EMPLOYEES WITH U.S. GOVERNMENT BADGES

(a) The Contractor shall ensure that all employees who have a DOD Common Access Card (CAC), turn in the CAC immediately upon employee separation and/or termination of their employment under this Contract. The above requirement shall be made a part of the standard employee facility clearance procedures for all separated personnel. The Contractor shall advise Command Physical Security of all changes in their personnel requiring DOD base access.

(b) For involuntarily separated personnel and those separated under adverse circumstances, the Contractor shall notify Command Physical Security in advance of the date, time, and location where the Command representative retrieve the DOD CAC prior to the employee departing the Contractor’s facility. In the event the employee is separated in his or her absence, the Contractor shall immediately notify Command Physical Security of the separation and make arrangements between the former employee and Command Physical Security for the return of the CAC. If circumstances arise which necessitate urgent revocation of a CAC after normal business hours, the Mission Partner Identity, Credential and Access Management (MP ICAM) Mission Partner Affiliation Sponsor (MPAS) shall be immediately contacted. MPAS contact information will be provided by the COR after Contract award.

CLAUSES INCORPORATED BY FULL TEXT

C-202-H001 ADDITIONAL DEFINITIONS--BASIC (NAVSEA) (OCT 2018)

(a) Department means the Department of the Navy.

(b) Commander, Naval Sea Systems Command means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit nonsignificant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of Text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL

CONTRACT FILES (NAVSEA) (OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

(End of Text)

C-223-W002 ON-SITE SAFETY REQUIREMENTS (NAVSEA) (OCT 2018)

(a) The contractor shall ensure that each contractor employee reads any necessary safety documents within 30 days of commencing performance at any Government facility. Required safety documents can be obtained from the respective safety office. Contractors shall notify the Safety office points of contact below to report completion of the required training via email. The email shall include the contractor employee’s name, work site, and contract number.

(b) It is expected that contractor employees will have received training from their employer on hazards associated with the areas in which they will be working and know what to do in order to protect themselves. Contractors are required to adhere to the requirements of 29 CFR 1910, 29 CFR 1926 and applicable state and local requirements while in Government spaces. The contractor shall ensure that all on-site contractor work at the Government facility is in accordance with any local safety instructions as provided via the COR. The contractor shall report all work-related injuries/illnesses that occurred while working at the Government site to the COR.

(c) Contractors whose employees perform work within Government spaces in excess of…