Atch_9 _Local_Requirements.pdf

FA4625-16-R-0001 26 Feb 16

LOCAL REQUIREMENTS

H-1 BASE ACCESS

Occasionally it is necessary to require either early release of Whiteman AFB personnel, late reporting, or even total base closure when weather conditions make normal travel unsafe. When weather conditions cause one of the above situations, Contractor personnel will be denied access to the base unless they have been notified that their contract service has been determined essential.

For base closure or late reporting during inclement weather, listen to radio stations KOKO (1450 AM), DVEQ (104.0 FM), KPRS (103.3 FM), KDRO (1490 AM), KXKX (105.7 FM), KSIS (1050 AM), KLRQ (96.1 FM) KDKD (1280 AM/95.3 FM), and / or watch television stations KMBC (Channel 9) and WAFC Cable (channel 41).

H-2 REQUIRED INSURANCE (IAW FAR 28.306(b))

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 Employers Liability Insurance as required by law except that if this contract is to be performed in a State which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory.

The required Workmen's Compensation insurance shall extend to cover employer's liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 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 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

d. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

H-3 BONDS

a. Performance and Payment Bonds. The Contractor will be required to furnish a Performance Bond (Standard Form 25) and a Payment Bond (Standard Form 25-A), prior to the issuance of the Notice to Proceed.

b. A Notice to Proceed (NTP) will not be issued and no work shall begin until a good and sufficient surety has been received and accepted by the Contracting Officer.

c. INDIVIDUAL SURETY CLAUSE: In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all offerors providing bonds which are executed by individual sureties are required to submit the following information in support of Standard Form 28, "Affidavit of Individual Surety:"

(1) A complete description of property offered, supported by title or deed, and appraisal or tax assessment.

(2) A current list of all other bonds on which the individual is a surety and bonds for which the individual is requesting to be a surety.

(3) Independent certification of net value of property offered.

(4) Independent certification of liens or other encumbrances which exist against all property listed.

(5) CPA - certified balance sheet(s) and income statement(s) with a signed opinion for each individual surety.

H-4 TAXES

The Missouri Department of Revenue agrees that contractors, subcontractors and material suppliers may claim an exemption from Missouri sales and use tax with respect to tangible personal property and materials purchased or used for the purpose of constructing, repairing or remodeling facilities for the United States of America, its agencies and instrumentalities ("the United States"). Therefore, the Contracting Officer shall provide a project exemption certificate to the successful Contractor awarded this project. The Contractor shall further provide the project exemption to all subcontractors purchasing construction materials for this project.

NOTE: THE PROJECT EXEMPTION CERTIFICATE DOES NOT ALLOW

CONTRACTORS TO PURCHASE MACHINERY, EQUIPMENT, OR TOOLS USED IN

FULFILLING THIS CONTRACT, TAX EXEMPT.

H-5 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

a. Security Training. The on-base Contractor Senior Representative ensures all Contractor employees receive initial and recurring security education training from the sponsoring agency’s security manager. Training must be conducted IAW DoDM 5200.01, Information Security Program, and AFI 31-401, Information Security Program Management. Contractor personnel who work in Air Force controlled/restricted areas must be trained IAW AFI 31-209, The Air Force Resource Protection Program, and AFI 31-101, The Air Force Physical Security Program.

b. Listing of Employees and Vehicles. The on-base Contractor Senior Representative shall maintain a current listing of employees. The list shall include the employee's name, social security number, date of birth, driver license number/state identification card number and U.S. citizenship status if entry to Air Force restricted areas or other sensitive areas designated by the installation commander.

The following vehicle information must be provided to gain vehicle access to restricted areas: year, make, model, color, license plate number and state. The lists shall be provided to the Contracting Officer prior to the commencement of work. An updated listing shall be provided when employee or vehicle status or information changes.

c. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned or privately owned vehicle while on Whiteman AFB.

d. Physical Security. The Contractor shall be responsible for safeguarding all government property and controlled forms provided for Contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

H-6 PREPARATION OF PROGRESS SCHEDULES AND REPORTS

The reports contemplated by the clause 52.236-15 entitled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report. The AF Form 3064 shall be provided to the Contracting Officer not later than 15 calendar days after issuance of the Notice to Proceed. An AF 3064, Contract Progress Schedule, is required when a delivery order cost exceeds $150K AND the period of performance exceeds 60 days.

H-7 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

All material and articles requiring approval, as contemplated by the Materials and Workmanship Clause (FAR 52.236-5), shall be submitted by the Contractor using AF Form3000.

H-8 UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the Contractor without charge where existing outlets are available. The Contractor is responsible for installing temporary service outlets, as necessary, and charges will be made in accordance with the clause entitled “Availability and Use of Utility Services” (Contract Clause

FAR52.236-14)

Damage to Utilities

a. In the event of a Contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Base Civil Engineer Call Desk and the Contracting Officer.

b. Repairs to Contractor-damaged utilities will be performed in a timely manner and at no additional cost to the Government.

H-9 ON SITE OFFICE TRAILERS AND STORAGE TRAILERS/FACILITIES

Unless otherwise indicated, no on-base storage facilities are available for Contractor-owned materials. Buildings and structures which are part of the contract may be used for storage providing the space is not required for occupancy and the Contractor accepts full responsibility for the material stored therein. The Contracting Officer will designate areas where above-mentioned equipment shall be parked.

H-10 AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and any hidden or subsurface data discovered during construction. The Contractor shall provide a marked by blueline copy with all changes, which transpired during the contract. This will be given to the Contracting Officer prior to the final inspection. A copy shall be provided in CADD format.

H-11 ENVIRONMENTAL PROVISIONS

Environmental Impact All waste materials generated by the Contractor or any work under the contract performed on a Government installation shall be handled, transported, stored, and disposed of by the Contractor and by his/her subcontractors at any time in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); the Clean Air Act, as amended (42 USC SEC 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET SEQ); the Toxic Substance control Act, as amended (15 USC Sec 2601 ET SEQ); the National Historic Preservation

Act, as amended (16 USC Sec 470, ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec 460, ET SEQ); the Estimate of and Percentage of Recovered Material Content for EPA Designated (Products) [Aug 2000]; and the Waste Reduction Program [Aug 2000] as required by the Resources Conservation and Recover Act of 1976, as amended (42 USC 6926 (I)(2)(C)).

a. Environmental References – The Contractor is responsible for strict adherence to any local, state, or Federal environmental regulations relating to this contract. 509 CES/CEV is the base point of contact for environmental compliance / non-compliance issues and if applicable, will provide the Contractor a briefing of environmental requirements at the pre-performance conference for this contract. Additionally, the Contractor shall contact the Contracting Officer whenever interpretations of environmental regulations are required.

b. Hazardous Material Submittal Requirements:

(1) Submittals shall be required for all hazardous materials (most materials contain hazardous constituents). For the purposes of this contract, hazardous material shall be defined as any material or mixture of materials, which may present a danger to the public health, occupational safety, or the environment and includes:

(a) Materials containing chemicals defined under Section 1910.122 (c) of Title 29 of the code of Federal Regulations (CFR), any extremely hazardous substance listed in 40 CFR part 355, and any pesticide for which a registration has been canceled or suspended under the provisions of the Missouri Pesticide Registration Act, Section 281.210 through Section

281.310 of the Revised Statutes of Missouri (RSMO) and 2 Code of State Regulations (C.S.R.)

70-25.010 et seg. Or under the Federal Environmental Pesticide Control provisions of the 7 United States Code (U.S.C.) Section 136, et sect., and;

(b) Materials containing any element, compound, mixture, solution, or substance as designated pursuant to sections 101(14) and 102 of the Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980 (CERCLA), codified at 42 U.S.C.

Sections 9601 (14) and 9602, or requiring notice pursuant to Section 304 of the Emergency Planning and Community Right-to-Know- Act of 1986, codified at 42 U.S.C. Section 11004, and;

(c) Any hazardous material, or group or class or material, designated as hazardous by the United States Secretary of Transportation under 49 U.S.C. Section 5130.

(2) Prior to the Contractor transporting any hazardous material onto Whiteman Air Force Base, the Contractor must provide a current copy of the manufacturer’s Material Safety Data Sheet (MSDS) to the Contracting Officer for certification. The Contractor must ensure the MSDS contains at minimum, the following information and additional documentation from the manufacturer defining the values of items not directly addressed by the MSDS:

(a) Manufacturer’s Name

(b) List 100% hazardous components

(c) Chemical Abstract Number (CAS Number) for each chemical component

(d) Specific Gravity / Unit Volume and or Unit Weight

(e) pH (Acidity or Alkalinity) if applicable

(f) Flash Point / Ignitability

(g) Exact Weight in pounds / ounces of the material initially brought on base

(3) No hazardous materials for this contract shall be allowed on base until the Contractor has received written approval of the submittal for the material in question from the Contracting Officer. If the Contractor’s intent is to bring more of the product (same manufacturer) on base property after the product has received approval, only a weight submittal will be required. If it is a different manufacturer from that originally submitted, then a new MSDS submittal will be required.

(4) All material tracking shall be done on the Hazardous Material Tracking List which must be;

(1) submitted initially, (2) whenever new hazardous materials are added to the contract (minimum of 60 days between update), and (3) a final update when leftover materials are removed upon completion of the contract. Prior to final acceptance of this contract, the Contractor must submit a listing of all hazardous materials relating to this contract. The Hazardous Material Tracking List will include the product name, manufacturer, and exact weight of material remaining.

(5) When special haul routes are required to deliver or remove hazardous materials for this contract, it shall be addressed by the Contracting Officer during review and approval of each hazardous material submittal.

c. Hazardous Wastes Disposal Requirements:

(1) All hazardous wastes generated by this contract shall be handled in the manner required by the State of Missouri and Federal regulations (RSMO 10 CSR, 40 CFR, and 49 CFR). For this contract, hazardous waste shall be defined as any solid wastes satisfying the criteria listed in 40

CFR 261:3.

(2) The Contractor shall ensure wastes generated by this contract that have been chemically altered during this contract are sampled and analyzed to establish levels of all possible Resource Conservation Recovery Act contaminates.

(3) The Contractor shall perform all required training and notifications concerning hazardous waste or materials related to Contractor’s activities and maintain an on-site listing of employees so trained.

(4) The Contractor shall be responsible for proper labeling, containerization, handling, and storage of hazardous wastes created from this contract.

(5) As required by 40 CFR, Whiteman Air Force Base is the “generator” of all hazardous wastes originating within the confines of the installation, and as such is required to certify all hazardous waste is properly prepared and shipped by signing the manifest for off-site transport. All hazardous waste shipments shall be initiated by completion of a “Hazardous Waste Manifest” EPA Form 8700-22 (Rev. 9-94) MDNR-HWG 10, obtainable from the Missouri Department of Natural Resources. The Contractor shall be responsible for obtaining all necessary manifest forms and for proper completion of each required by this contract.

(a) The Contractor shall obtain all manifest numbers from 509 CES/CEV.

(b) Each manifest line item must have the quantity listed on the manifest in pounds except Polychlorinated Biphenyls (PCBS) which shall have the quantity listed in kilograms.

(c) Each manifest line item must have supporting documentation to allow proper chemical characterization of the hazards as defined in 40 CFR and MO 10 CSR. Sampling and analysis will be required on all wastes, which have been contaminated or altered during the course of this contract.

(d) The Contractor shall insure all hazardous wastes are moved off base only by properly licensed hazardous waste transporters and are sent to properly licensed disposal facilities.

(e) 509 CES/CEV shall be the only authorized agency to sign each manifest for wastes being transported off Whiteman Air Force Base. Each shipment must be evaluated by 509 CES/CEV for compliance with applicable environmental regulations prior to signing the manifest. The Contractor shall retain the responsibility for correction of all discrepancies noted during the pre- transport evaluation. (Note: CEV personnel are present only during 7:30 a.m. to 4:30 p.m. on normal working days, Monday through Friday.)

d. Inspection Liability:

(1) The Contractor must understand that any operations on Whiteman Air Force Base property are fully inspectable (on a no-notice basis) by the Department of Defense, the Department of the Air Force, Missouri Department of Natural Resources (MDNR), Environmental Protection Agency (EPA), Occupational Health and Safety Agency (OSHA), and other federal regulatory agencies. Compliance with all environmental requirements pertaining to this contract is mandatory.

(2) The Contractor is subject to no-notice inspections of all activities related to the project by 509 CES/CEV (Base Environmental Flight). Issues of non-compliance will be addressed directly to the Contracting Officer or his/her representative to ensure rapid correction of unsatisfactory features.

(3) The Contractor is liable to the Air Force for any fines, penalties, or environmental assessments levied against the Air Force by any environmental regulatory agency that arise from, or relate to, the Contractor’s performance of this contract, or the Contractor’s failure to perform as specified by the contract. Any such liability may result in an equitable adjustment to the contract price, establishment of a contract debt, or recovery by the government under any other judicial, administrative, or contractual remedy as may be available to the Government.

END OF SECTION

Contracting Requirements Operations Security (OPSEC) Review Policy (AFI 10-701, Operations Security, 8 Jun 2011)

Purpose: The following information provides Operations Security (OPSEC) guidance to Government Contractors and subcontractors awarded Government contracts at Whiteman AFB.

Government Contractors are provided this guidance to ensure compliance and protection of critical information that may be a threat to national security.

Definition: OPSEC is a methodical process to identify Critical Information (CI), identify threats to that CI and the related vulnerabilities and risks of exploitation to that CI, and identify, develop, and implement countermeasures to protect that CI. CI is specific facts about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment. CI includes those facts, which individually, or in the aggregate, reveal sensitive details about US Government, i.e.

Whiteman AFB or the Contractor’s security or operations related to the support or performance of the Statement of Work (SOW)/Performance Work Statement (PWS), and thus require a level of protection from adversarial collection or exploitation not normally afforded to unclassified information. OPSEC supplements, but does not replace traditional security practices such as Physical Security and Information Security. OPSEC is essential to ensure the initial and continued success of our mission, operations, systems, and procedures.

OPSEC Applicability: The 509 CES OPSEC Program Manager has determined that additional safeguards are essential for this contract, and imposes OPSEC as a requirement in the responsibilities of this contract. During the course of this contract, in addition to those restrictions, instructions and guidelines defined in the contract Statement of Work and/or other references provided the Contractor will adhere to the following minimum requirements in support of the 509 CES OPSEC Program.

a. Introduction of personnel electronic devices into government spaces, laptops, tablet PCs, cellular phones, cameras, recording devices, and data recording/storage devices is STRICTLY controlled and forbidden in some areas of Whiteman AFB. Photography and recording is not allowed except for official use and by permit only. (Unless otherwise stipulated in the contract).

b. Contractor personnel shall not discuss government operations in public or over unprotected or unencrypted communications. Official business, controlled unclassified information may only be transmitted as directed in the SOW/PWS.

c. The Contractor shall not post to company websites, publications, newsletters or other media any images, data or information that reveal sensitive government operations, personnel, equipment, and/or classified or controlled unclassified information, refer to paragraph (d) below. When in doubt, company press releases related to this contract should be coordinated through the 509th Contracting Office.

d. Because observation of events, operations, physical changes, etc. may reveal National Security information, specific restrictions are needed to preclude unintentional release of this information to unauthorized parties. (Unauthorized disclosure and transfer of National Security Information is punishable under 18 USC § 793.) Therefore, Contractor personnel shall not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data or information, or observed events that reveal sensitive government operations, personnel, or equipment.

e. Government issued badges, identification shall be removed and/or concealed from plain sight when off station and shall not be left in vehicles or unprotected. Badges and passes may not be duplicated or copied or loaned to others. Lost or stolen identification badges, vehicle passes etc. will be immediately reported to the 509th Security Forces LE Desk at (660) 687-3700.

f. Practice OPSEC and implement countermeasures to protect CI and other sensitive unclassified information and execution of military operations performed or supported by the Contractor in support of the mission. Protection of CI will include the adherence to and execution of countermeasures which has been provided by the 509 CES

g. It is strongly recommended the Contractor mark and protect related internal production schedules, deliverables, inventories and shortages and identified vulnerabilities related to production of government material. Internal company markings e.g., Business Sensitive, etc., are appropriate for identifying the aforementioned as sensitive information. Specific Government-provided information, drawings etc., will be protected in accordance with guidance in applicable paragraphs of the SOW.

h. Destroy (burn, shred, etc.) critical and/or sensitive unclassified information no longer needed to prevent the inadvertent disclosure and/or reconstruction of this material.

i. Critical information identified by 509 CES will be marked and handled appropriately as FOR OFFICIAL USE ONLY (FOUO). Government CI includes but is not limited to: known or probable vulnerabilities to any U.S. system and their direct support systems, details of information about military operations, unit, vessel, aircraft movements/arrivals, missions and exercises, etc.

j. An applicable list of 509 CES CI will be provided to the Contractor by the 509th Contracting Office upon award of the contract. Questions regarding Critical Information shall be directed to the Contract Administrator.