Exhibit 21 - QUALITY CONTROL.docx

SECTION 01 45 00.00 10 QUALITY CONTROL

1. GENERAL REQUIREMENTS

1.1 Establish and maintain an effective quality control (QC) system in compliance with the Contract Clause titled "Inspection of Construction". QC consists of plans, procedures, and organization necessary to produce an end product that complies with the contract requirements. Cover all construction operations, both onsite and offsite, and be keyed to the proposed construction design and construction sequence. The project superintendent will be held responsible for the quality of work and is subject to removal by the Contracting Officer (KO) for non-compliance with the quality requirements specified in the contract. In this context, the highest-level manager responsible for the overall construction activities at the site, including quality and production is the project superintendent. The project superintendent must be available at the job site as required and do so within a timely manner. The project superintendent is responsible for all construction and related activities at the site, except as otherwise acceptable to the KO.

2. QUALITY CONTROL PLAN

2.1 Submit no later than 20 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause titled "Inspection of Construction". The Government will consider an interim plan for the first 60 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional work. After approval of the Base Contract CQC Plan, each task order will require a supplemental CQC plan specific to the task order.

2.2 Content of the CQC Plan. Include, as a minimum, the following to cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents and consultants:

2.2.1 A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff will implement the three phase control system for all aspects of the work specified. Include a CQC System Manager who reports to the project superintendent.

2.2.2 The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function.

2.2.3 A list of the definable features of work (for Task Order specific CQC Plans). A definable feature of work is a task that is separate and distinct from other tasks, has separate control requirements, and may be identified by different trades or disciplines, or it may be work by the same trade in a different environment. Although each section of the specifications may generally be considered as a definable feature of work, there are frequently more than one definable feature under a particular section.

2.3 Acceptance of Plan. Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction design and construction. The Government reserves the right to require the Contractor to make changes to its CQC Plan and operations including removal of personnel, as necessary, to obtain the quality specified.

2.4 Notification of Changes. After acceptance of the CQC Plan, notify the KO in writing of any proposed change. Proposed changes are subject to acceptance by the KO.

2.5 QUALITY CONTROL ORGANIZATION

2.6 The Contractor shall provide a Site Superintendent at the work site during any construction and shall be the main point of contact for the Government Quality Assurance Representative (QAR). The Site Superintendent shall not be delegated to a subcontractor.

2.7 The Contractor shall provide a Construction Quality Control (CQC) System Manager. The CQC System Manager may be assigned other duties in addition to the duties required as CQC System Manager. The CQC System Manager may be the Superintendent, Project Manager, or Lead Trades person. The CQC may not be delegated to subcontractor.

2.7.1 The CQC is required to possess specialized skills to assure the required work is being performed properly. The Contractor's CQC staff must maintain a presence at the job site as required during progress of the work and have complete authority and responsibility to take any action necessary to ensure contract compliance. A single CQC may cover multiple project sites on JBLM. CQC must be readily available to perform inspections and address any issues that arise and do so in a timely manner.

2.7.2 The CQC System Manager must be a graduate engineer, graduate architect, or a graduate of construction management, with a minimum of 5 years construction experience on construction similar to this contract or be a construction person with a minimum of 10 years in related work. Alternatively, the CQC System Manager may be a graduate of the USACE Construction Quality Management Course for Contractor’s (CQM-C) with a minimum of 5 years related experience and a valid CQM-C certificate.

2.7.3 As required, the Contractor shall provide as part of the CQC organization specialized personnel to assist the CQC System Manager for the following areas: electrical, mechanical, civil, structural, environmental, and architectural. These individuals may perform other duties simultaneously but must be allowed sufficient time to perform their assigned quality control duties as described in the Quality Control Plan. A single person may cover more than one area provided that they are qualified to perform QC activities in each designated area.

2.7.4 The Site Superintendent, Safety and Health Officer, and Construction Quality Control Manager may be the same person but not delegated to subcontractor.

2.7.5 Organizational Changes. When it is necessary to make changes to the CQC staff, revise the CQC Plan to reflect the changes and submit the changes to the KO for acceptance.

3. CONTROL

3.1 Contractor Quality Control is the means by which the Contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of the contract. At least three phases of control must be conducted by the CQC System Manager for each definable feature of the construction work as follows:

3.1.1 Preparatory Phase. This phase is performed prior to beginning work on each definable feature of work; after all required plans/documents/materials are approved/accepted, and after copies are at the work site. This phase includes:

3.1.1.1 A review of each paragraph of applicable specifications, reference codes, and standards. Make available during the preparatory meeting a copy of those sections of referenced codes and standards applicable to that portion of the work to be accomplished in the field. Maintain and make available in the field for use by Government personnel until final acceptance of the work.

3.1.1.2 Review of the contract requirements.

3.1.1.3 Check to assure that all materials and/or equipment are on hand, and have been tested, submitted, and approved as required.

3.1.1.4 Review of provisions that have been made to provide required control inspection and testing.

3.1.1.5 Examination of the work area to assure that all required preliminary work has been accomplished.

3.1.1.6 Review of the hazard analysis.

3.1.1.7 Discussion of procedures for controlling quality of the work including repetitive deficiencies. Document construction tolerances and workmanship standards for that feature of work.

3.1.1.8 Check to ensure that the portion of the plan for the work to be performed has been accepted by the KO.

3.1.1.9 Discussion of the initial control phase.

3.1.1.10 The Government must be notified at least 72 hours in advance of beginning the preparatory control phase. Include a meeting conducted by the CQC System Manager and attended by the superintendent, other CQC personnel (as applicable), the foreperson responsible for the definable feature, and the Government Quality Assurance Representative (QAR). Document the results of the preparatory phase actions by separate minutes prepared by the CQC System Manager and attach to the daily CQC report. Instruct applicable workers as to the acceptable level of workmanship required in order to meet contract specifications.

3.1.2 Initial Phase. This phase is accomplished at the beginning of a definable feature of work. Accomplish the following:

3.1.2.1 Check work to ensure that it is in full compliance with contract requirements. Review minutes of the preparatory meeting.

3.1.2.2 Verify adequacy of controls to ensure full contract compliance. Verify required control inspection and testing.

3.1.2.3 Establish level of workmanship and verify that it meets minimum acceptable workmanship standards. Compare with required sample panels as appropriate.

3.1.2.4 Resolve all differences.

3.1.2.5 Check safety to include compliance with and upgrading of the safety plan and activity hazard analysis. Review the activity analysis with each worker.

3.1.2.6 The Government must be notified at least 48 hours in advance of beginning the initial phase. Prepare separate minutes of this phase by the CQC System Manager and attach to the daily CQC report. Indicate the exact location of initial phase for future reference and comparison with follow-up phases.

3.1.2.7 The initial phase should be repeated for each new crew to work onsite, or any time acceptable specified quality standards are not being met.

3.1.3 Follow-up Phase. Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements, until completion of the particular feature of work. Record the checks in the CQC documentation. Conduct final follow-up checks and correct all deficiencies prior to the start of additional features of work that may be affected by the deficient work. Do not build upon nor conceal non-conforming work.

3.1.4 Additional Preparatory and Initial Phases. Conduct additional preparatory and initial phases on the same definable features of work if: the quality of ongoing work is unacceptable; if there are changes in the applicable CQC staff, onsite production supervision or work crew; if work on a definable feature is resumed after a substantial period of inactivity; or if other problems develop.

4. COMPLETION INSPECTION

4.1 Near the completion of all work or stated elsewhere in the specifications, the Contractor QC Manager shall conduct an internal inspection of all the work performed to ensure it meets all the requirements of the base contract as well as the specific requirements within each TO. During this process, the Contractor QC Manager shall develop the Contractor’s punch list and provide it to the Government PM as a submittal. Once this is accomplished, the Contractor shall notify the Government that the facility is ready for the Government pre-final inspection. The Contractor shall give a minimum 5 working day notice to the Government QAR when requesting a pre-final inspection.

4.2 Pre-Final Inspection and Punch List Items. Upon request for a pre-final inspection, the Government will schedule a pre-final inspection to verify that the facility is complete and ready to be occupied. For this inspection to commence the Contractor QC Manager and representatives from the Directorate of Public Works (DPW) and Contracting shall be present. A Government pre-final punch list may be developed as a result of this inspection which shall detail the items needing correction. The Contractor’s QC Manager shall ensure that any and all items noted on the pre-final inspection have been corrected within 7 calendar days. Once these items have been addressed, the Contractor shall notify the Government to request a final inspection, giving a minimum 5 working day notice.

4.3 Final Inspection and Acceptance. Upon request for a final inspection, the Government will schedule a final inspection to verify that the facility is complete and ready to be occupied. For this inspection to commence the Contractor QC Manager and representatives from DPW and Contracting shall be present. If all items listed in the pre-final punch list have been corrected, and all work meets the requirements of the Base Contract and Task Order SOW, Specifications, and Drawings, (if included) the Government shall accept the work and take ownership of the site. If during the pre-final inspection it is discovered that there are no discrepancies, the pre-final inspection may turn into a final inspection. If any items requiring correction are discovered after the pre-final inspection but before the final inspection, those items must be corrected within 7 calendar days.

4.4 Beneficial Occupancy Determination. On a per project per section/phase basis, the Government or Contractor may request a Beneficial Occupancy Determination (BOD). This request is used to allow Government acceptance of a portion of the project in order for the Government to operate, occupy, or use the facility, area, or equipment. This determination does not alleviate the Contractor’s responsibility to accomplish all other requirements of the project. The Contractor shall give the Government a minimum 3 working day notice when requesting a BOD and the BOD will be scheduled by the Government QAR. The requirement for the Contractor’s QC Manager to provide their punch list as a submittal discussed in section 4.1 above also applies to the BOD inspection.

5. DOCUMENTATION

5.1 Maintain current daily records providing factual evidence that required quality control activities and/or tests have been performed. Contractor shall use the Government provided daily inspection form. See Appendix C – Blank Daily Inspection Form. Daily inspection form submissions shall start at NTP and continue until the final inspection date. Indicate a description of trades working on the project, the number of personnel working, weather conditions encountered, and any delays encountered. Cover both conforming and deficient features of work and include a statement that equipment and materials incorporated in the work and workmanship comply with the contract. Furnish the electronic copy of the daily report to the Government QAR within 24 hours after the date covered by the report. Reports shall be submitted for days on which no work is performed. As a minimum, prepare and submit one report for every 7 days of no work and on the last day of a no work period. All calendar days must be accounted for throughout the life of the Task Order. The first report following a day of no work will be for that day only. Reports must be signed and dated by the CQC Manager or Site Superintendent. Daily report completion percentages shall be agreed to by the Contractor and the Government QAR based on the actual work performed and/or materials procured.

6. NOTIFICATION OF NONCOMPLIANCE

6.1 The KO will notify the Contractor of any detected noncompliance with the foregoing requirements. Noncompliance includes but is not limited to; late submittal of daily reports, daily reports lacking sufficient detail, Contractor punchlist checklists not being submitted during request for inspections, Government inspections showing multiple missed items on the Contractor punchlist checklist, etc. Contractor shall take immediate corrective action after receipt of such notice. Such notice, when delivered to the Contractor at the work site, will be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the KO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders will be made the subject of claim for extension of time or for excess costs or damages by the Contractor.

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