Solicitation.doc

Section B - Supplies or Services and Prices

Services, Non-Personal, Construction, Paving Indefinite Delivery Indefinite Quantity (IDIQ)

Firm Fixed Price - Provide all labor, material, equipment, tools, transportation, and supervision necessary for Base and Airfield Pavements on Laughlin AFB, Spofford Auxiliary Airfield, and the South Winds Marina at Lake Amistad, and perform all work in strict accordance with the terms and conditions set forth in the contract, specifications, and drawings. The performance period for the base year is 12 months from date of award. The period of performance for each project will be stated in respective delivery order. The negotiated base year coefficients will be used for the life of the contract. Labor and material cost adjustments will be reflected in the latest edition of the RS Means. Revisions of the RS Means will be incorporated by modification within 90 days after their publication.

NSN Z222-PA-VNG-IDIQ

SIGNAL CODE A

FOB: Destination

COEFFICIENT

WITH BONDS ___________________

COEFFICIENT

WITHOUT BONDS __________________

MINIMUM/MAXIMUM CONTRACT AMOUNT:

The guaranteed minimum amount under this contract which will be initiated by one or more delivery orders, will not be less than $2,500.00 for the life of the contract. The maximum contract amount is $5,000,000.00 for the life of the contract. If the Government’s requirements for services set forth in the solicitation do not result in orders in the amount described as the “maximum”, it shall not constitute the basis for an equitable adjustment under this contract.

Services, Non-Personal, Construction, Paving, IDIQ

Firm Fixed Price - Provide all labor, material, equipment, tools, transportation, and supervision necessary for Base and Airfield Pavements on Laughlin AFB, Spofford Auxiliary Airfield, and the South Winds Marina at Lake Amistad, and perform all work in strict accordance with the terms and conditions set forth in the contract, specifications, and drawings. The period of performance for the first option period is 12 months after expiration of the base year, if the option is exercised. The period of performance for each project will be stated in respective delivery order. The negotiated base year coefficients will be used for the life of the contract. Labor and material cost adjustments will be reflected in the latest edition of the RS Means. Revisions to the RS Means will be incorporated by modification within 90 days after their publication.

NSN Z222-PA-VNG-IDIQ

COEFFICIENT WITH BONDS See Base Year

COEFFICIENT WITHOUT BONDS See Base Year

Services, Non-Personal, Construction, Paving, IDIQ

Firm Fixed Price - Provide all labor, material, equipment, tools, transportation, and supervision necessary for Base and Airfield Pavements on Laughlin AFB, Spofford Auxiliary Airfield, and the South Winds Marina at Lake Amistad, and perform all work in strict accordance with the terms and conditions set forth in the contract, specifications, and drawings. The period of performance for the option period is 12 months after expiration of the first option period, if the option is exercised. The period of performance for each project will be stated in respective delivery order. The negotiated base year coefficients will be used for the life of the contract. Labor and material cost adjustments will be reflected in the latest edition of the RS Means. Revisions to the RS Means will be incorporated by modification within 90 days after their publication.

NSN Z222-PA-VNG-IDIQ

COEFFICIENT WITH BONDS See Base Year

COEFFICIENT WITHOUT BONDS See Base Year

CONTRACTING OFFICER: JUANITA VASQUEZ

TELEPHONE: (830) 298-5115

EMAIL: juanita.vasquez@laughlin.af.mil

Section C - Descriptions and Specifications

GENERAL REQUIREMENTS

THIS SECTION CAN BE FOUND IN SECTION J, ATTACHMENT 1.

Section E - Inspection and Acceptance 47 CES/CECC is designated as the office responsible for inspecting the work while the Contracting Officer is responsible for final acceptance of the work.

INSPECTION:

A. 47th Civil Engineering Squadron; mailing address 251 Fourth Street, Laughlin AFB TX 78843-5143; is designated the responsibility of maintaining any property records, outlining order of work, recommending materials to be used in connection herewith, inspecting work in progress, estimating amount of work completed for partial payments, final inspection, and rendering advice, subject to Contracting Officer’s approval.

B. Inspections and final acceptance will be made on each delivery order as completed by the Contractor with the following additional provisions:

(1) The contractor shall give the Contracting Officer a minimum of five (5) working days notice for all requested Pre-final/Final inspections. Notices of requested inspections shall be in writing to the Contracting Officer and shall be staggered such that no two (2) inspections will occur at the same time.

(2) The contractor shall ensure that the work is ready for all inspections. The presence of an unreasonable number of deficiencies, as determined by the Contracting Officer or his representative, may cause the inspection to be rescheduled. The Contractor shall ensure all punch list items/discrepancies have been corrected prior to contract completion date and final acceptance.

(3) All Unit Price Book (U.P.B.) line items installed under this contract shall be inspected/approved by the Government designated inspector. Any and all materials that are to be installed and covered over during the life term of this contract, i.e. electrical items, conduit, wiring, PVC, piping, steel, etc. shall be inspected/approved prior to being covered over. The contractor or his/her designated representative must notify the Contracting Officer a minimum of four (4) hours in advance of a required inspection.

OSHA INSPECTIONS:

The contractor shall be subject to no-notice inspections under OSHA (Occupational Safety and Health Act) Program by inspectors of the Department of Labor, where the Contractor could be found personally liable for any violation of the OSHA Regulations. While on this installation the Contractor and all employees and subcontractors that work in any capacity for the Contractor shall adhere to and follow all safety and health requirements as established in the U.S. ARMY CORPS OF ENGINEERS MANUAL EA. 385-1-1 Dated OCT 1987 and/or the latest version/addition.

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within *calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than *. The time stated for completion shall include final cleanup of the premises.

*The performance time wil be established in each individual delivery order.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 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 stated in each individual delivery order for each calendar day of delay until the work is completed or accepted. If the delivery order specifies more than one completion date for separate parts or stages of the work, the amount of liquidated damages for delay of each separate part of stage of the work is identified in the delivery order.

(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.

(End of clause)

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION

To be completed on each delivery order. The minimum guarantee will be funded by separate delivery order.

WIDE AREA WORKFLOW;

INVOICE SUBMITTAL

WIDE AREA WORKFLOW-RECEIPT AND ACCEPTANCE (WAWF-RA)

In accordance with DFARS Clause 252.232-7003, Electronic Submission of Payment Request, the contractor shall submit payment request using WAWF-RA. To register and submit invoice go to https://wawf.eb.mil.

The contractor shall create and submit a “Construction Payment Invoice”.

When creating the invoice the contractor shall use the following Department of Defense Activity Address Codes (DODAAC). Contractor shall only fill-in fields with an “*”.

If you have any questions, please contact the contracting officer identified in block 31b of the solicitation and resultant contract.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2007)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using one of the electronic forms provided for in paragraph (b) of this clause.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms:

(1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil.

(2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at https://ecweb.dfas.mil.

(3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats.

(i) Information regarding EDI formats is available on the Internet at http://www.X12.org.

(ii) EDI implementation guides are available on the Internet at http:// www.dod.mil/dfas/contractorpay/electroniccommerce.html.

(4) Another electronic form authorized by the Contracting Officer.

(c) The Contractor may submit a payment request in non-electronic form only when--

(1) DoD is unable to receive a payment request in electronic form; or

(2) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

CONTRACT INFORMATION

CONTRACTOR’S CONTRACT ADMINISTRATION:

Name and Title: ____________________________________________________

Responsible Office: __________________________________________________

Address:

Telephone Number: __________________________________________________

DUNS Number: _______________________ CAGE Code:_____________

Tax ID Number: _____________________________________________________

CONTRACTOR’S PERSONNEL AUTHORIZED TO NEGOTIATE OR DISCUSS PROPOSAL:

Name of Primary: __________________________

Name of Alternate:____________________

Address: __________________________________

Address: ____________________________

Telephone: ________________________________

Telephone:___________________________

E-Mail: ___________________________________

E-Mail: _____________________________

Fax Number: _______________________________

Fax Number: ________________________

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1. CONSTRUCTION SPECIFICATIONS FOR GREEN PROCUREMENT

In order to comply with the affirmative procurement requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) and Executive Orders 13101 and 13148 (Green Procurement Program (GPP)), the Contractor shall use recycled and recovered materials and products identified in the USEPA's Comprehensive Procurement Guidelines (CPG).

1. The latest CPG product list, and the specific recycled‑content requirements for each product, can be found found on the USEPA’s website (www.epa.gov/cpg).

2. The Contractor shall provide EPA‑designated products containing recovered material unless the item cannot be acquired:

a. Competitively within a reasonable time frame.

b. Meeting the appropriate performance standards.

c. At a reasonable price.

3. Items identified in the USEPA's CPG shall be viewed as the minimum that can be considered when evaluating recycled/reused materials. Other materials and products not listed, but commonly used in industry outside of the government, shall also be considered.

4. Material and product submittals for all recycled‑content items shall list the recycled and recovered materials used and the percentage content listed.

H-2 PROPOSAL PREPARATION COSTS

The costs for preparation of delivery order proposals shall be the responsibility of the Contractor and not directly reimbursable. The Contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the delivery order.

H-3. PERFORMANCE PERIOD

The period of performance on each delivery order will be determined by the Contracting Officer (CO) for each delivery order. The period of performance on delivery orders are independent of each other and may run concurrently.

H-4. STATUTORY COST LIMITATIONS

Some delivery orders may be subject to Statutory Cost Limits. If so, this limitation will be cited in the applicable delivery order.

H-5. DRAWINGS

All drawings, if applicable, accompanying the Request for Proposal will be considered to be a part of the Statement of Objectives (SOO).

H-6. PREAWARD SITE INSPECTIONS

Contractor is highly encouraged to attend all pre-award site visits. Contractor will be given adequate time to review the SOO, including applicable drawings, for each delivery order, prior to inspecting the job site. Any deficiencies, conflicts, or other areas of concern existing in the SOO and applicable drawings shall be brought to the attention of the CO, in writing. The contractor shall also notify the CO, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

H-7. DELIVERY ORDER PROCEDURES

a. As the need exists for performance under the terms of this contract, the CO will notify the Contractor of an existing requirement and provide a Request for Proposal (RFP) letter.

b. Upon receipt of a Request for Proposal letter, the contractor shall respond to the needs of the Government within ten (10) working days, unless otherwise determined by the CO, by visiting the proposed work site in the company of the CO or his/her representative, the Government project manager, and a representative of the using agency. The purpose of this site visit will be to establish a clear understanding between the contractor and the Government of what work is required in the delivery order. On-site changes may be made to the SOO or drawings at this time, if the contractor or the Government identify items of work required that have been left out, or for any other reason which remains inside the scope of the project. During the scope validation site visit and conference the following will be discussed:

(1) Project number and title

(2) Site investigation

(3) Methods and alternatives for accomplishing work

(4) Definition and refinement of requirements

(5) Project scope of work in detail

(6) Requirements for plans, sketches, shop/design drawings, etc.

(7) Preliminary quantities (NOTE: The contractor establishes his/her own detailed quantity estimates for use in developing his/her proposal.)

(8) Time requirements for completion (performance period), phasing requirements, etc.

c. Site Visit Minutes: Civil Engineering Project Manager and the 47 CONS contract specialist shall jointly prepare site visit minutes and submit them within three (3) working days to the CO for review and approval. Once the site visit minutes have been approved by the CO, the Contractor will be provided a copy. The Contractor must submit all questions in writing within two (2) working days of the site visit. Responses will be provided to the Contractor, in writing.

d. Upon establishment of the detailed scope of the individual requirement, the contractor shall then prepare his/her detailed proposal by identifying deliveries, refining quantities, pricing items, preparing working drawings and or detailed engineering plans/drawings (as the requirements dictate), developing performance times, and preparing his proposal documents, which includes a detailed statement of proposed work, for submission to the CO.

e. The contractor's proposal on every delivery order must be supported by necessary documentation as required, to indicate that adequate engineering and planning to accomplish the requirement has been done to minimize any delays in the construction process. Examples of documentation required for submittal that might reasonably be expected would include sketches, drawings, calculations, catalog cuts, specifications, architectural renderings, detailed scope of work etc. The contractor’s proposal should include all other costs including but not limited to compliance with environmental laws, protection or moving of Government Property, and engineering services as required to complete the construction requirement. Design submittals shall be approved by the Government, prior to start of any actual construction or demolition work.

f. The contractor’s proposal package for each delivery order will include the following as a minimum:

Statement of Work (SOW)

Rough Working Drawings, calculations, etc.

List of required engineered drawings, if applicable

Proposed draft schedule

Draft Schedule of Material Submittal, or equivalent

The work to be performed

How the work will be accomplished

Who will do the work (i.e. prime or subcontractor)

What items will be provided for this work element

Other significant data that further describes the work element

Note: The Government reserves the right to request additional information, as required.

g. CALCULATIONS: To substantiate appropriate equipment or material selection/sizing, component assembly, and price estimation, the contractor shall supply the following calculations as a minimum with his proposal (if applicable):

Structural: Structural system and foundation sizing

Pavement/Site Work: Area run-off quantities, drainage capacities, and grading slopes

Electrical: Lighting, load calculations, voltage drop calculations, and fault current calculations

h. Contractor’s Proposals shall be submitted within 10 working days of the site visit unless determined otherwise by the CO.

i. If conditions arise where a delivery order may need to be modified, the contractor shall inform the CO, in writing, as soon as possible. Modifications to delivery orders may only be issued by the CO.

H-8. PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a delivery order, the Contractor shall meet with the CO and designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning the construction progress schedule and the administration of work.

H-9. PARTNERING

Partnering is a structured process, as well as philosophy of doing business with contractors and customers, that recognizes common goals through communication and teamwork. It helps create an environment where trust and teamwork prevents disputes, fosters good working relationships to everyone’s benefit, and facilitates the completion of a successful contract. In support of the command’s goals of teamwork and customer satisfaction, our policy is to practice the philosophy of Partnering on every contract we administer. The Contractor’s key personnel may be required to attend formal partnering meetings for the basic contract at the expense of the Contractor. In addition, formal partnering may be required prior to and/or during performance of an individual delivery order, if determined necessary by the Government. Key partnering personnel are defined as the Project Manager, Assistant Project Manager, Superintendent, Quality Control (QC) representative, major subcontractors, and specialized supplementary personnel.

H-10. MATERIAL SUBMITTALS

Definitions:

a. Submittal: A submittal is a package of project information, samples, drawings, schedules, certifications, etc., submitted to the CO for Government review using the AF IMT 3000.

b. Deviation: A specific submittal where an item is identified as not agreeing with the contract requirements and the contractor is requesting a substitution or change.

c. Purpose: Submittals are directed for the convenience of the Government in reviewing the contractor's planned approach and compliance with the requirements of the contract. It is also a mechanism whereby the contractor may propose deviations, color choices, shop drawings, etc. at an early point in the contract where changes in approach will have less impact on the materials ordering process.

d. Authority: The contractor is wholly responsible for the contents of a submittal. Through the physical act of submitting, the contractor certifies that all items listed or implied, fully meet the intended purpose, functionality, and quality requirements of the plans and specifications, or are submitted as a specific deviation thereto. (Reference Attachment 1, General Requirements, Section 01300 “Submittals” for guidance on submitting deviations).

e. Timely submission of all equipment, material and articles requiring approval is critical. The Contractor shall provide a Schedule of Material Submittals, or equivalent, listing all the required submittals within ten (10) calendar days after the NOTICE TO PROCEED (NTP) is issued for each delivery order or as otherwise established by the CO. The Schedule of Material Submittals listing shall be in a format approved by the CO.

f. The percentages of design submittals and government review periods will be identified on the RFP letter. The drawings will only be considered 100% after the government has approved the final package. Required drawings will be listed in individual delivery orders, as appropriate.

g. The contractor shall submit four (4) sets/copies of each submittal form (AF IMT 3000) and attachments. Furnishing of the submittals shall not be interpreted as relieving the contractor of his obligation to comply with all of the contract requirements for the items listed in the specifications and drawings.

h. At least one copy of each submittal will be returned, marked to indicate approval or disapproval.

H-11. SCHEDULING AND REPORTING WORK PROGRESS

a. Progress Schedules: Unless otherwise directed by the CO, the contractor shall submit a schedule of progress, using the critical path method, for all projects with a period of performance that exceeds 30 calendar days unless specified by the CO. Unless otherwise directed by the CO, the contractor shall submit the progress schedule within five (5) calendar days of the issuance of the Notice to Proceed or award of the individual delivery order, if a Notice to Proceed is not required.

b. Progress Status Reports: Unless otherwise directed by the CO, the contractor shall prepare and submit progress status reports for each outstanding delivery order to the CO by the first work day of each month. If the project is behind schedule, the contractor shall explain what actions will be taken to regain the schedule and provide an amended schedule. The report shall include a description of the problem areas, delaying factors and their impact, and an explanation or corrective actions taken or proposed.

c. Delivery and storage of materials and equipment shall be made with a minimum interference to government operations and personnel.

d. The contractor shall maintain, on all construction sites with work in progress, approved and applicable copies of the following: Statements of Work, drawings, specifications, digging permits, and welding permits.

e. For notification of working in controlled areas to include Airfield, Network Control Center, Air Traffic Control Tower, etc., the Contractor shall submit the request in writing five (5) working days in advance. The request shall be directed to the CO.

f. Any work on or adjacent to the airfield may require Federal Aviation Administration (FAA) notification and will require a temporary airfield construction waiver. The Contractor shall complete a FAA Form 7460-1 and submit it to the CO. The Government will, in turn, file the form with the FAA. The Government will complete the airfield construction waiver and submit it for approval. Both the FAA notification and temporary construction waiver must be approved prior to the Contractor performing work. The approval/notification process takes approximately six to eight weeks. The Contractor shall account for this time in the construction schedule. Requirement for this procedure will be identified for the applicable delivery order.

H-12. NOTIFICATION REQUIREMENTS WHEN CHANGING KEY PERSONNEL

a. Personnel in key positions are considered essential to the performance of any resultant delivery orders under this contract. Examples of key positions include project manager, superintendents, and quality control inspectors. The contractor agrees that a partial basis of award of this contract will be the key personnel proposed. Accordingly, the contractor agrees to assign under the contract those key personnel whose credentials, experience and expertise were provided with the proposal and which meet the qualifications necessary to fulfill the requirements of the contract.

b. Contractor shall provide a listing of key personnel. This listing of key personnel may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. Prior to diverting any key personnel to other programs/projects, the contractor shall notify the CO at least ten (10) working days in advance of the proposed diversion. The government reserves the right to reject proposed changes in key personnel. Such notifications shall include: (1) an explanation of the circumstances necessitating the substitution, (2) a complete resume of the proposed substitute and (3) any other information needed by the CO to enable him/her to determine that the contractor is maintaining the same quality of personnel as those included at the time of award.

H-13. PERFORMANCE EVALUATIONS

For all delivery orders, a contractor’s performance evaluation will be completed and entered into the Construction Contract Appraisal System (CCASS). The evaluation will take into account all aspects of the Contractor’s performance. Performance evaluations may be completed at any time. The contractor will be provided an electronic copy of the performance evaluation through CCASS and be given an opportunity to provide input for CO consideration.

H-14. IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

Pursuant to the “Government Property” clause, Government furnished property will be specified in each delivery order, as applicable.

H-15. NAF CLAUSES: NAF clauses located in Section I are applicable to delivery orders funded with non-appropriated funds.

H-16. LEGAL HOLIDAYS

THE FOLLOWING LEGAL HOLIDAYS ARE OBSERVED BY THE BASE:

New Year Day

1 January

Martin Luther King Birthday

3rd Monday in January

President’s Day

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

4 July

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

11 November

Thanksgiving Day

4th Thursday in November

Christmas

25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on Sunday will be observed on the following day. Any request to work on these days must be submitted in writing to the CO a minimum of 5 working days in advance. Approval to work on holidays or other than standard hours of work will be at the CO’s discretion.

H-17. DRIVING ON LAUGHLIN AFB TX

The speed limit on Laughlin AFB is 30 MPH unless otherwise posted. All housing areas are 15 MPH, service drives and parking lots are 5 MPH. Electronic detection devices are used for measuring speed on Laughlin AFB. Contractor is cautioned to obey all speed laws, parking regulations and traffic control devices. Failure to do so can result in loss of driving privileges and debarment. Privately owned vehicles are prohibited from driving on the flight line, taxiways and aircraft parking areas, except when specific permission has been granted by Airfield Operations. In addition, seat belt usage is mandatory on base and personnel are not permitted to ride in the bed of a truck.

NOTE: Base laws for motorcycles are different than State laws. Riders must conform to base laws.

H-18. SMOKING IN AETC FACILITIES

Contractors are advised that the Commander has placed restriction on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Use in the Air Force, and its AETC supplement 1, outlines the procedures used by the commander to control smoking in our facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking is permitted only in designated smoking areas.

H-19. BASE FIRE PREVENTION PROGRAM

The Contractor will be required to comply with the Fire Prevention Program regulation of the military installation to be serviced under this contract. The name of the installation, the applicable regulations, and the locations where these regulations may be reviewed are listed below:

Name of Installation: Laughlin AFB, TX

Regulation No. and Title: AFI 32-2001, The Fire Protection Operations and Fire Prevention Program

Date: 1 Apr 1999

Location: Base Fire Dept, Bldg 207, Laughlin AFB, TX

H-20. AVAILABILITY OF UTILITIES SERVICES

Notwithstanding the provisions of contract clause FAR 52.236-14, Availability and Use of Utility Services, all reasonable required amounts of water, gas, electricity, etc., essential to contract performance shall be made available, at no cost to the contractor, from existing system, outlets, and supplies. All temporary connections, outlets, distribution lines and backflow prevention devices as may be required will be installed by the contractor at the contractor’s own expense. The contractor must provide metering for utilities and connections to include labor and materials for hook-up. If the contractor chooses to set up a trailer, the only utility provided in the contractor storage area is electricity. Local/ long distance and Defense Switched Network (DSN) telephone service will not be provided.

H-21. UTILITIES CONSERVATION

The contractor will be required to participate in government energy conservation programs. For the purpose of this contract, the government will furnish utilities such as water, electricity, etc., at no cost to the contractor.

H-22. SPECIAL UTILITY PROVISION

The contractor shall be responsible for any and all damages to accurately marked utilities resulting from its operations and subcontractors. Further, the contractor shall be held liable for all costs associated with such damages. Such costs includes not only the cost to properly repair the damaged utility, but any direct costs incurred by the government to provide emergency response to the site, as well as for any other monetary losses. Such loss may also include the value of loss of productivity experienced by the government due to loss of power and/or facility evacuation arising from the utility damage.

H-23. TELEPHONE COMSEC MONITORING

All Communications with DOD organizations are subject to COMSEC review. Contractor personnel will be aware the telecommunications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to or receive a call from a military organization; they are subject to COMSEC procedures. The contractor will assume responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

H-24. DESIGNATION OF GOVERNMENT FURNISHED PROPERTY ADMINISTRATOR

The Base Civil Engineer, or his authorized representative, is designated as property administrator for government furnished property (GFP) that may be provided to the contractor for performance under this contract.

H-25. WORK BY THE GOVERNMENT

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, and to do so will not breach or otherwise violate this contract.

H-26. REQUIRED INSURANCE

Reference FAR clause entitled “Insurance” the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

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

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

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

H-27. BONDING REQUIREMENT

a. DELIVERY ORDERS EXCEEDING $100,000.00. See FAR Clause 52.228-15.

b. DELIVERY ORDERS EXCEEDING $30,000.00 BUT LESS THAN $100,000.00. See FAR clause 52.228-13.

H-28. INSTALLATION RULES AND REGULATION

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrances, obtaining and using vehicle passes for all contractor-owned and/or privately owned vehicles, obeying all posted directives, and providing strict adherence to security forces direction in instances where security forces have been dispatched to a particular location.

H-29. MATERIAL PAYMENTS

Payment for materials stored on or off site will not be authorized.

H-30. ENVIRONMENTAL COMPLIANCE

a. Contractor agrees to comply with all applicable Federal, State, and local standards to include all Environmental Protection Agency regulations, the Clean Air Act, the Clean Water Act, Executive Order 11739, Executive Order 13148, 29 Code of Federal Regulations (CFR), 40 CFR, 49 CFR, and all Laughlin AFB Environmental Plans.

b. The use of hazardous materials or materials that would create potentially hazardous conditions must be prior approved by the Hazardous Materials Management Office (HAZMO) before any material is authorized to come on base. A Material Safety Data Sheet for each hazardous material must be given to the HAZMO and must also be readily available and easily accessed at all times. Hazardous materials must be properly labeled, stored, and maintained. The storage, proper handling, and use of hazardous materials are the responsibility of the contractor. Personnel protective equipment is also the responsibility of the contractor. Additionally, all requirements of laws and ordinances concerning “right to know” of the general public, as well as workmen who perform work on the project, shall be adhered to by all parties and shall be so specified.

c. Products containing lead, asbestos, polychlorinated biphenyl (PCB), and/or ozone depleting chemicals are strictly prohibited from use. The contractor shall assume a strict and cautious position in responding to reports of other materials that may be identified as hazardous during construction period.

d. The Contractor and or subcontractor performing asbestos removal must be licensed/certified, provide a copy of the license/certification to the 47th Civil Engineer, Environmental Flight, show proof of acceptable Federal/State/Local approved disposal facility. The contractor must notify the Department of State Health Services 10 days prior before any asbestos abatement begins and give a copy of the notification to the Environmental Flight. Contractor must perform in strict compliance with all applicable Federal, State, and Local regulations. Contractor will dispose of all asbestos properly and will be held responsible for payment of all fees. All asbestos disposal manifests must be signed by 47 CES/CEV.

e. The Contractor and or subcontractor performing lead removal must be licensed/certified, provide a copy of the license/certification to the 47th Civil Engineer, Environmental Flight, show proof of acceptable Federal/State/Local approved disposal facility. Contractor must perform in strict compliance with all applicable Federal, State, and local regulations. Lead abatement contractors shall provide the Environmental Flight with the Lead training certificates for its workers. Contractor will dispose of all lead based paint properly and will be held responsible for payment of all fees. All lead disposal manifests must be signed by the 47th Civil Engineer, Environmental Flight. Contractor will ensure the 47th Civil Engineer, Environmental Flight receives the original ‘white’ copy of the manifest within 30 days of signature.

f. Contractor will properly dispose of all waste including hazardous waste generated in this contract, and will be held responsible for sampling and payment of all fees. The contractor will bring all manifests to the 47th Civil Engineer, Environmental Flight for signature before the waste is taken off base. Contractor will ensure the 47th Civil Engineer, Environmental Flight receives the original ‘white’ copy of the manifest within 30 days of signature. All hazardous waste must be properly stored with secondary containment and labeled at all times from generation to removal. Hazardous waste must always be secured and closed unless opening the container to add or remove waste. If a spill is caused by the contractor, the contractor is responsible for cleaning it up. The contractor is also responsible for payment of all clean up fees.

g. Contractor will obtain signed approval from the 47th Civil Engineer, Environmental Flight, prior to arranging for solid waste roll-off containers or dumpsters. Contractor will ensure no regulated waste or recyclable material is placed in roll-off containers or dumpsters. Contractor will provide 47th Civil Engineer, Environmental Flight with the total pounds of construction and debris waste taken to the landfill, monthly.

h. Contractor must notify the 47th Civil Engineer, Environmental Flight, of any additional waste water created due to construction, other than normal porta potties. Before any additional waste water is put into the waste water ponds, the Environmental Flight must be given laboratory test results of the waste and the Environmental Flight must deem the waste water safe to enter the waste water ponds.

i. Contractor must follow all storm water regulations and abide by the base Storm Water Pollution Prevention Plan (SWP3). If the construction project will create a footprint larger than 1 acre, the contractor must have a SWP3 and it must be approved by the 47th Civil Engineer, Environmental Flight. If the construction project will create a footprint larger than one (1) acre, in addition to the SWP3, the contractor must apply to the State for a Texas Pollutant Discharge Elimination System Permit.

j. Contractor will not disturb any endangered or protected species.

k. All landscaping MUST be approved by the 47th Civil Engineer, Environmental Flight and adhere to Air Force tree policy and standards. If a tree is removed / killed within or by the construction process it must be replaced with an equivalent tree.

l. During any construction activity if cultural resources are found, the Environmental Flight must be notified immediately and work will cease until a determination of the cultural resource is made.

m. Contractor agrees to inform the 47th Civil Engineer, Environmental Flight of any processes that would cause air pollution. Contractor understands that many of these processes require a permit, prior notification to the State, or documentation. Contractor will abide by all applicable federal, state, and local regulations.

n. Contractor will bring all accepted recyclable materials to recycle center. The base recycling program will recycle items such as paper, cardboard, plastics #1, plastics #2, some types of glass, and aluminum, tin, copper, brass, and steel. Large scrap metal will be taken to DRMO. Laughlin AFB also encourages the use of using recycled materials or materials that contain a certain percentage of recycled material.

H-31. POLLUTION PREVENTION (P2)

a. In accordance with Air Force Pollution Prevention Strategy, Laughlin AFB intends to effectively promote pollution prevention by minimizing or eliminating the use of hazardous materials and the release of pollution into the environment. As part of this initiative, contractor shall comply with all federal, state, and local environmental laws, regulations, and guidelines.

b. Contractors must participate in the following programs:

(1) Recycling of waste products to the maximum extent possible.

(2) Energy Conservation.

H-32. TEXAS SALES TAX EXEMPTION NOTICE

To allow all contractors the maximum advantage of the exemption provisions of the Texas Sales and Use Tax Laws, contractors may claim an exemption from tax when purchasing tangible personal property that will be incorporated into the realty for the U.S. Government. Questions regarding the proper application of the State Tax Laws should be addressed to the State Comptroller’s office.

H-33. PAYROLLS

a. Payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington DC 20402. When Department of Labor Form WH 347 (or an equivalent form that provides the same data and identical representation) is not used, a DD Form 879, "Statement of Compliance", must be submitted with each payroll report.

b. The prime contractor shall submit both its and its subcontractors’ weekly payrolls within seven (7) calendar days after the regular payment date of the payroll week covered. When no work has been accomplished during the week, by either the prime or a subcontractor who has started work, the contractor shall certify a "Statement of Non-Performance" for itself and/or its subcontractors.

c. Subcontractor payrolls must be provided under transmittal cover letter from the prime contractor to show their review and approval.

d. The contractor shall request conformance of any class of laborers or mechanics not listed in the attached wage determination but who are to be employed under the contract on Standard Form (SF) 1444, "Request for Authorization of Additional Classification and Rate".

e. A copy of the applicable Apprenticeship or Training Agreement must accompany the payroll when a worker is listed as an apprentice or trainee. Such agreement must be approved by the appropriate agency and shall identify the allowable ratio of apprentices/trainees to journeymen, the applicable rate of pay allowed, and the employee's level of progress expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

f. The last payroll of the prime and each subcontractor shall be clearly marked "FINAL" when submitted.

g. Noncompliance with the above may result in retainage of up to 10% being withheld from your invoice.

H-34. IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number, delivery order number, project title, and project number.

H-35. PROFESSIONAL REGISTRATION REQUIREMENTS

Unless otherwise indicated by the CO, in writing, the design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work specified in individual delivery orders shall be supervised and approved by registered architects or engineers. The engineers or architects must be registered to practice in the particular professional field involved in a state (or the state where the work is to be performed if required by law) or possession of the United States, in Puerto Rico, or in the District of Columbia. Registration as a professional engineer in the particular specialty will be considered equivalent to a bachelor’s degree. Degrees and professional registration may not be substituted for experience requirements. Additionally, professional registration may or may not be required at the delivery order level.

H-36. SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure delivery orders are completed within the stated requirements. The contractor is responsible for ensuring subcontracting opportunities are made available to small, small disadvantaged and women owned businesses in accordance with the goals of the contract. The prime contractor is responsible for subcontractor compliance with all rules and regulations.

H-37. TEAMING ARRANGEMENTS

a. If this contract is awarded from an offer submitted on the basis of a teaming arrangement, the Government's consideration of the Contractor for placement of delivery orders will reflect the teaming arrangement. In the event that the teaming arrangement is dissolved or significantly changed, the Government reserves the right to reconsider the suitability of the changed arrangements for purposes of issuing delivery orders.

b. Should it become advantageous to deviate from the initial teaming arrangement, the Contractor should request approval from the CO before making such arrangements.

c. This does not authorize Contractor teaming arrangements in violation of antitrust statutes or limit the Government's rights to require consent to subcontract. The prime Contractor is held fully responsible for contract performance, regardless of any team arrangement between the prime Contractor and its subcontractors.

d. The following subcontractors were evaluated during source selection and are considered to be team members.

H-38. SAFETY PLAN

A safety plan must be submitted after contract award. The safety plan shall be detailed written instructions of safety procedures implemented. Plan shall include but not be limited to operations involving hazardous materials, combustible liquids, paints, power equipment/tools and all other work conducted as part of this requirement.

H-39. SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1. Pass and Identification Items: The contractor will coordinate all necessary passes for employees and collect these passes at employee termination. The contractor shall ensure the following pass and identification items required before contract performance are obtained for employees and non-government owned vehicles:

a. DD Form 1172, Application for Uniformed Services Identification Card, (AFI 36-3026, Identification Cards For Members of The Uniformed Services, Their Family Members, and Other Eligible Personnel, and AETC Instruction 36-3001, Issue and Control of AETC Civilian Identification (ID) Cards).

b. AETC Form 58, Civilian Identification Card (AETCI 36-3001).

c. AF Form 2219 (series), Registered Vehicle Expiration Tab (AFI 31-204, Air Force Motor Vehicle Traffic Supervision).

d. DD Form 2220, DoD Registered Vehicle and Installation Tab (AFI 31-204).

e. AF Form 1199, USAF Restricted Area Badge, or a locally developed badge.

f. AF Form 75, Visitor/Vehicle Pass (AFI 31-204).

2. CRIMINAL BACKGROUND INVESTIGATION CHECK

a. All contractors/subcontractors seeking to enter Laughlin AFB (LAFB) for employment must submit to a criminal history background check. Passes will not be issued to individuals not consenting to this investigation. In order to initiate a background check, an individual must complete and submit a release form (to be provided upon contract award) and provide a copy of a government issued I.D. front and back (i.e. state driver’s license). One release form per employee is required. The Contractor will compile all copies of release forms for respective employees and submit with a completed spreadsheet (to be provided upon contract award) to 47 SFS/S5 through 47 CONS, in advance of the projected contract start date.