FA4861-10-R-A014_RFP_13 AUG 10.pdf

SEE SCHEDULE

The magnitude of construction for both projects is betw een $1,000,000 and $5,000,000.

This project is solicited as a HUBZone set-aside. Offers received from concerns that are not certif ied by the Small Business Administration as a HUBZone shall not be considered for aw ard. The North American Industry Classif ication Code applicable to the project is 236220, and the small business size standard is $33.5 million.

NOTICE TO OFFERORS: Funds are not presently available or authorized for this project. No aw ard w ill be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date.

All times used are stated in local time, i.e., Pacific Dayight Time (PDT).

KERIANNE NOEL 702-652-9333

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

13-Aug-2010

(RFP)

(IFB)

X

CALL:

Construct Red Flag Storage and Admin Facilities

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________300 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Sep 2010 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

99 CONS/LGCA

5865 SWAAB BLVD, BLDG 588

NELLIS AFB NV 89191-7063

FA4861

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:30 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

RKMF 08-0016/08-0017

8. ADDRESS OFFER TO (If Other Than Item 7)

702-652-2532FAX:TEL: 702-652-9113 TEL: FAX:

FA4861-10-R-A014 67

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

FA4861-10-R-A014

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot RKMF 08-0016 Const Red Flag Storage

FFP

Contractor shall provide all labor, materials, supplies, equipment, transportation, supervision, and all else required to complete project RKMF 08-0016, CONSTRUCT STORAGE FACILITY, RED FLAG, Nellis AFB, Nevada. All work shall be accomplished in conformance with the terms and conditions specified, attached, or referenced herein. This project is subject to a statutory cost limit of $750K.

DESIGN LUMP SUM $_______________________

CONSTRUCTION LUMP SUM $_______________________

FOB: Destination

PURCHASE REQUEST NUMBER: F3GHFA0162A008

PROJECT: RKMF 08-0016

SIGNAL CODE: A

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot OPTION RKMF 08-0017 Construct Admin Facility

FFP

OPTIONAL ITEM: Contractor shall furnish all design, labor, equipment, material, supplies, manufactured articles, labor, transportation, supervision, and all else necessary to perform all operations in connection with succesfully completing the project RKMF 08-0017, CONSTRUCT ADMIN FACILITY, RED FLAG, at Nellis AFB, Nevada. All work shall be accomplished in strict accordance with the specifications, terms, and conditions specified, referenced, or attached herein. This project is subject to a statutory cost limit of $750,000.

DESIGN LUMP SUM $_______________________

CONSTRUCTION LUMP SUM $_______________________

PURCHASE REQUEST NUMBER: F3GHFA0163A001

PROJECT: RKMF 08-0017

SIGNAL CODE: A

NET AMT

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY REFERENCE

52.236-21 Specifications and Drawings for Construction FEB 1997

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See Section J

(End of clause)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

52.246-12 Inspection of Construction AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

Section F - Deliveries or Performance

CONCURRENT PERFORMANCE

NOTICE: The total performance period will be as stated below. If both projects are awarded, performance will be concurrent and only one Notice to Proceed will be issued.

(End of Clause)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 300 dys. After receipt of

NTP

1 99 CES/CEPM - F3GHFA

6020 BEALE AVE, BLDG 812

NELLIS AFB NV 89191-7260

702-652-8440

F3GHFA

0002 300 dys. After receipt of

NTP

1 (SAME AS PREVIOUS LOCATION)

F3GHFA

52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract or task order, the Contractor shall pay liquidated damages to the Government in the following amounts:

(1) the sum of $462.66 for each day of unexcusable delay past the scheduled completion date until the date of beneficial occupancy (i.e., substantial completion as determined by the Contracting Officer);

(2) an additional sum of $63.79 for the first and last day of unexcusable delay exceeding the scheduled completion date; and

(3) the sum of $115.67 for each day of unexcusable delay exceeding the date of the beneficial occupancy (i.e. substantial completion as determined by the Contracting Officer) or the established completion date, whichever, occurs later, until the project is accepted by the Government, including but not limited to the completion of all punchlist items, final submittals, and cleanup.

(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.

F-100

FEDERAL HOLIDAYS

This base observes the following Federal legal holidays:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday In January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

NOTE: Holidays falling on a Saturday will be observed on the preceding Friday.

Holidays falling on a Sunday will be observed on the following Monday.

F-101

NORMAL HOURS OF WORK

(a) Normal work hours for Contracting personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. In order to ensure availability of personnel, please schedule your meetings and visits at least 24 hours in advance.

(b) Normal work hours for Base Engineering personnel are from 7:00 a.m. to 4:00 p.m., Monday through Friday, excluding Federal holidays and the day after Thanksgiving. Access to work sites will be restricted to these hours and days, unless otherwise specified in the project documents.

(1) Deviations to this schedule will be considered if it is in the best interest of the government as determined by the Contracting Officer. If the Contractor desires to work hours other than normal work hours, he/she must submit to the Contracting Officer for review, a written request at least three working days prior. The request shall note the activities planned and the planned hours/days of work so that the construction inspectors can plan their work schedule. If inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the contractor, the actual cost of inspection at overtime rates will be charged to the contractor. These adjustments to the contract price shall be deducted from the next payment authorized after overtime rates have been determined.

(2) Work that cannot be fully inspected after its completion will normally not be allowed to be done during other than normal work hours/days, or as otherwise specified in the project documents, without written Contracting Officer approval.

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

G-700

ADMINISTRATION AND PAYMENT

(a) The resulting contract shall be administered by the following Contract Activity:

99 CONTRACTING SQUADRON/LGCA

5865 Swaab Blvd, Bldg 588 Nellis AFB NV 89191-7063

(b) A properly prepared invoice shall be submitted electronically as identified in Clause G-701 below. Invoices may be submitted MONTHLY unless a more frequent submission is authorized by the Contracting Officer. Such requests should be provided in writing by the contractor to substantiate the requested increase in payment frequency.

(c) Each invoice shall identify the Contract Line Item Number (CLIN) or Subcontract Line Item Number (SLIN) and its corresponding two-digit Account Contract Reference Number (ACRN).

(1) PROGRESS PAYMENTS (NET-14) will be based on the last verified, approved progress report received. If a variance exists between the Contractor's and the Government's estimate, the contractor will be given the opportunity to support their position. If the additional information is not adequate or is not provided within one day, the invoice will be rejected and the Contractor will be provided the opportunity to resubmit at the Government's estimated percentage of work completed. A maximum amount of 90% of the contract price may be paid as progress payments.

(2) FINAL PAYMENT (NET-30) will be for an amount not less than 10% of the contract amount and will be approved for payment after completion (including clean-up and submission of final warranties, as-built drawings, payrolls, and all other documents as required under the terms and conditions of this contract/task order) and final acceptance (including correction of all punchlisted items) of the project work.

(d) With each electronic request for payment, the contractor shall also attach a scanned copy of the following document(s) in Wide Area Workflow-Receipt and Acceptance (WAWF-RA) invoice:

(1) PROGRESS REPORT/DQS: The most recent, signed progress report – or – daily quantity sheet for which work required by the contract has been completed and inspected;

(2) SUBCONTRACTOR PAYMENT LIST: A listing of the amount included for work performed by each subcontractor under the contract, the total amount of each subcontract under the contract,. the amounts previously paid to each such subcontractor under the contract; and

(3) RELEASE OF CLAIMS: For FINAL invoices, a fully executed, signed Release of Claims.

NOTE: The original, signed Release of Claims shall be provided by mail or hand carried to the Contracting Office.

G-701

SUBMIT INVOICES ELECTRONICALLY

(a) To expedite payment, reduce lost documents, and increase visibility into the status of payments, the Department of Defense (DoD) has implemented electronic invoicing. The goal is to enable authorized Defense contractors and DoD personnel the ability to create invoices and receiving reports and access contract related documents quickly and efficiently. In conformance with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.232-7003, Electronic Submission of Payment Requests, which is incorporated herein by reference, contractors shall submit invoices ELECTRONICALLY through the Defense Finance and Accounting System (DFAS) Web Invoicing System [Wide Area Workflow – Receipt and Acceptance (WAWF-RA)] at https://wawf.eb.mil/. Select CONSTRUCTION Payment Invoice when creating the invoice.

(b) Applicable codes necessary for submission of invoices against this contract are as shown below.

(1) ADMINISTERED BY: FA4861

(2) ISSUED BY: FA4861

(3) CONTRACTING OFFICE: FA4861

(4) PAYMENT OFFICIAL: F67100 (DFAS-Limestone)

(5) SHIP TO/INSPECT BY: FA4861

(6) LPO: Leave BLANK

(7) DESCRIPTION: Project RKMF 08-0016 & RKMf 08-0017, Construct Red Flag Storage and Admin Facility, and include cumulative percentage being invoiced

(c) Paper invoices will be rejected and returned and the contractor advised to invoice electronically.

(d) For assistance regarding specific electronic invoicing issues, please contact the WAWF Customer Service at 866-618-5988. Web-based training is available at the WAWF site (http://www.wawftraining.com/).

G-804

PAYMENT OF MATERIALS

(See Contract Clause entitled "Payments Under Fixed-Price Construction Contracts" and "Permits and Responsibilities"; and Special Contract Requirement entitled "Preparation of Progress Schedules and Reports")

(a) Major, high-value material stored on-site may be considered for payment prior to installation, subject to the following:

(1) The item must be clearly identified as an item of material (without installation costs) and shown as a separate cost and percentage of work in the supplemental information submitted in support of his/her proposed Progress Schedule. Such schedule must have been subsequently approved.

(2) A joint inventory/inspection shall be made by the contractor and the COR or the Contracting Officer to ensure that the quantities are valid, the items are as described for use on this specific project, and sufficient security measures have been taken to prevent damage or theft.

(3) The contractor must prove he/she has title to the materials (e.g., paid invoices, waiver of claim and lien, etc. from the supplier) and certify that they will be used to perform the contract.

(b) Although materials paid for become the property of the Government, the contractor remains responsible for all materials delivered and work performed until acceptance of the construction work.

(c) In addition, the contractor must provide a certificate with his/her invoice, substantially as shown below, when requesting payment for materials.

CERTIFICATION FOR PAYMENT OF MATERIALS

(1) The Contractor hereby transfers and assigns to Nellis Air Force Base all its rights, titles, and interest of character in any and all of the goods described in the attached request every kind and for payment upon receipt of such payment.

(2) The Contractor acknowledges that, despite transfer of title, until such goods have been delivered to the jobsite, incorporated into the work, inspected, and accepted, the contractor shall remain responsible for:

(i) Cost and expense of storage, as applicable;

(ii) Insurance premiums;

(iii) Deterioration of such goods;

(iv) Loss or mysterious disappearance of such goods; and

(v) Such portion of goods not in accordance with the contract requirements.

(3) The Contractor hereby acknowledges that it has no interest in such goods by virtue of retained possession, and states that it keeps such goods for Nellis AFB and disclaims any claims against such goods for storage cost, for unpaid contract retainage or for other reason.

(4) Payment for material stored off-site may be considered for payment if, in addition to the above requirements, sound procedures (e.g., a bonded, insured warehouse) are established for their accountability and control and are submitted to and approved by the Contracting Officer with the Progress Schedule.

Section H - Special Contract Requirements

H-100 REQUIRED INSURANCE (IAW FAR 28.306(b))

(a) In conformance with FAR 52.228-5 clause, Insurance⎯Work on a Government Installation, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

(1) 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.

(2) 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.

(3) 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.

(b) An “Insurance Certificate of Compliance” form can be obtained upon request from the 99th Contracting Squadron contract administrator assigned to this requirement.

H-101

PAYMENT AND PERFORMANCE BONDS

(a) After contract award (i.e., Notice of Award, Executed Contract or Task Order), the Contractor shall furnish two bonds, a Performance Bond (on Standard Form (SF) 25) and a Payment Bond (on Standard Form (SF) 25A), each with good and sufficient surety or sureties, acceptable to the Government. The penal sums of such bonds will be based on the awarded amount; or (if this is the initial award of an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract) the guaranteed contract minimum or the amount of the first task order, whichever is larger. Each project under an IDIQ contract shall be bonded. When the award price is increased by modification, the penal sum of the bond shall be increased. The payment and performance bond amounts shall be as specified in FAR Clause 52.228-15, Performance and Payment Bonds--Construction. A Notice to Proceed (NTP) with the work awarded will not be issued by the Contracting Officer and no work shall begin until good and sufficient surety has been received and accepted by the Contracting Officer.

(b) All required bonds and bond increases shall be furnished by the Contractor to the Government within the timeframe prescribed on page 1 of this document after finalization of the award or modification document.

(c) Bonds shall be in the form of a firm commitment, supported by corporate sureties whose names appear on the list contained in Department of the Treasury’s Listing of Approved Sureties (Department Circular 570), individual sureties acceptable to the Contracting Officer, or other acceptable security such as a postal money order, certified check, cashier’s check, irrevocable letter of credit or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Services, Surety Bonds Branch, 401 14th St NW FL West, Washington DC 20227-1017. The listing may also be accessed electronically at the following address:

http://www.fms.treas.gov/c570/index.html .

H-102

DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

The Base Civil Engineer or his/her authorized representative is designated as the representative of the Contracting Officer (COR) for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. This designation in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. The COR performs quality assurance for the government and is not authorized or required to perform the quality control for the contractor.

H-103

AVAILABILITY AND USE OF UTILITY SERVICES

(a) In conformance with FAR Clause 52.236-14, Availability and Use of Utility Services, all reasonable amounts of domestic water and electricity will be made available to the Contractor at no cost by the Government from existing system outlets and supplies. With prior coordination and approval, the contractor may be given access to water hydrants to obtain water for construction activities.

(b) The Contractor shall, at his own expense, make all temporary connections and install distributions lines as may be needed. The Contractor shall furnish to the Contracting Officer a complete system layout drawing showing type of materials to be used and method of installation for all temporary systems. All temporary lines shall be maintained by the contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in a like manner prior to final acceptance of the construction. The point of connection shall be coordinated with the Government technical representative prior to connection. If additional outlets or utilities are needed they will be provided at the Contractor’s expense.

H-104

ENVIRONMENTAL PROTECTION

(a) SOLID, LIQUID, AND GASEOUS CONTAMINANTS: The Contractor shall be responsible for the proper disposal of all solid, liquid and gaseous contaminants, including asbestos and lead based paint, in accordance with all applicable federal, state, local and Nellis Air Force Base (NAFB) laws, regulations, codes, and management plans, including NAFB Management Plan 12.

(b) DISPOSAL OF REFUSE: The Contractor will be required to remove and properly dispose of all refuse from each respective installation for work performed under each task order.

(c) COVERED CHUTES/RECEPTACLES: All chutes and/or receptacles used for refuse collection shall be covered at all times, or of such design as to fully confine the material to prevent the dissemination of dust.

(d) SOIL EROSION: The Contractor shall provide and install protective barriers to prevent erosion on all required excavations.

(1) Wind: County Dust Permits are required for surface disturbances greater than 1/4 acre, or 100 lineal feet of trenching. Copies of any approved dust permits must be provided to 99 CES/CEVC (Air Program Manager) through the Contracting Officer. If in the opinion of the Contracting Officer, excessive dust is generated by the construction effort, the Contractor shall, at no cost to the Government, stop all activity until adequate dust control measures are implemented. County Dust Permits are required for all projects at Nellis and Creech AFB’s. The contractor must obtain all required County Dust Permits and submit a copy to 99 CES/CEVC prior to initiating work. The typical time to obtain a dust permit is two weeks.

(2) Water: The Contractor shall comply with all applicable Federal, State, local and Nellis AFB laws, regulations, codes and management plans in preventing the discharge of sediment into any stream, river, or waterway through direct discharge or by storm water runoff.

(e) MATERIAL SAFETY DATA SHEETS (MSDS): At least fourteen (14) calendar days prior to use, the Contractor shall submit three (3) copies of MSDS for any chemical or hazardous material, as defined In Federal Acquisition Regulation clause 52.223-3, Hazardous Material Identification and Material Safety Data, to the Contracting Officer as a submittal item. The contractor shall retain a copy for on site use (see Nellis AFB Requirements for Hazardous Materials Authorization Procedures for Contractors).

(f) CONTAMINATED SOILS: Work requested of the Contractor may include the removal and/or disposal of contaminated soils. Contaminated soils are defined as soils containing non-hazardous materials such as JP-8 aircraft fuel, heating fuel oil, or other materials, as may be identified by 99 CES/CEV. All contaminated material shall be removed, transported and disposed of in accordance with all applicable laws, regulations and policies, as identified in clause (a) above. The contractor shall also submit a copy of all permits and disposal certificates to the Contracting Officer as a submittal item for review by 99 CES/CEVP. All costs incurred for the disposal of contaminated soils, as a result of the Contractors negligence, will be the Contractors responsibility.

(g) HAZARDOUS MATERIALS: The Contractor shall immediately notify the Contracting Officer, Quality Assurance Evaluator (QAE) or Inspector, any material used during execution of the work period, which is suspected of being hazardous, in accordance with federal, state, and local laws and regulations; . All Hazardous Materials must be authorized before being brought on or used on Nellis AFB (See attached hazardous materials authorization and usage procedural documents). All hazardous materials must be properly stored and handled per federal, state and local laws and regulations. Where applicable, the Contractor shall use environmentally safe products.

(h) HAZARDOUS WASTE: The Contractor is responsible for the proper handling and management of all hazardous waste generated from his work performed on Air Force property. The contractor must, store, document and transport hazardous waste in accordance with applicable Federal, State, local and Air Force regulations. Unless otherwise specified, in complying with NAFB Management Plan 12 requirements, the contractor must contact 99 CES/CEV for waste handling instructions and disposal coordination. Only authorized NAFB individuals are allowed to sign a Uniform Hazardous Waste Manifest for Nellis AFB. The contractor will be held fully liable for any contractor activity/ non-activity resulting in a Notice of Violation (NOV) or any other regulatory penalty. All hazardous or non-hazardous wastes generated by the Contractor will be the responsibility of the Contractor. If a NOV is issued or regulators are investigating a potential violation, the Contractor will assist Nellis in defending the investigation.

(i) ASBESTOS: The Contractor shall provide an asbestos demolition permit ten (10) days prior to the removal of any asbestos from any facility at NAFB or any other location specified in this contract. 99 CES/CEVC must be contacted and coordinate on any asbestos work.

(j) SPILLS: In addition to abating any hazardous substance spill occurring during the course of this contract, the Contractor shall:

(1) During normal working hours, immediately report all spills > five (5) gallons to the 99 CES/CEV 652- 4123.

(2) After 4:30 p.m. or on weekends, immediately contact the Nellis Command Post at 652-2446.

(3) Forward a written, completed spill report to the Contracting Office within 24 hours after the occurrence.

Report Forms can be obtained from 99 CES/CEV.

(4) Abate the spill in accordance with all applicable Federal, State, local and Air Force regulations. All abatement costs incurred by the Contractor shall be the responsibility of the Contractor.

(k) AIR QUALITY: The Contractor shall comply with Clark County Department of Air Quality and Environmental Management (DAQEM) regulations and obtain an Authority To Construct (ATC) for the installation of any emission units identified in the contract. The ATC shall be obtained prior to commencing work and coordinated through 99 CES/CEVC. The Contractor shall submit the application to 99 CES/CEVC for approval.

When 99 CES/CEVC has approved the contractor’s application, 99 CES/CEVC shall submit the application for 99 ABW/CC signature . 99 CES/CEV shall then submit the application to the regulatory agency. The Contractor shall be responsible for providing additional information, as requested by the regulatory agency. The Contractor shall also be responsible for all fees associated with the application.

(l) HISTORICAL, ARCHEOLOGICAL, AND CULTURAL RESOURCES: The Contractor shall take precautions to preserve all existing historical, archeological, and cultural resources, as they exist immediately prior to project start. If, during the course of the project, the Contractor observes unusual items that might have historical or archeological value, such observations shall be reported, as soon as possible, to the Contracting Officer, who will contact the 99 CES/CEVN.

(m) FLORA AND FAUNA: The Contractor shall perform all work and take such steps required to minimize interference with or disturbances to flora and fauna. The Contractor shall not alter water flows or otherwise disturb native habitat adjacent to the work area, which in the opinion of the Contracting Officer are critical to flora and fauna.

(n) WATER RESOURCES: The Contractor shall not pollute any stream, river, or waterway through direct discharge or by storm water runoff. The Contractor shall comply with all applicable Federal, State, local and Nellis AFB laws, regulations, codes and management plans.

(o) RECYCLING: Recycling efforts should take place whenever feasible. The contractor shall contact 99 CES/CEV about any recycling efforts.

HAZARDOUS MATERIALS AUTHORIZATION PROCEDURES FOR CONTRACTORS

Contractors using hazardous material (HAZMAT) on NAFB must comply with the authorizations procedures described below. (Reference AFI 32-7086, 2.5.5)

(a) Contractors must provide to the Nellis AFB Contracting office, as a submittal item, a list of proposed hazardous materials (HAZMAT), including Material Safety Data Sheets (MSDS) that it plans to use on the installation during the performance of the contract. The Contracting officer/administrator will then forward this information to the Quality Assurance (QA) evaluator or Inspector.

(b) This information will be forwarded to the HAZMART office (Building 811) by the Inspector. HAZMART office will review the information and determine which contractor-identified materials need to be tracked.

(c) For each contractor-identified HAZMAT that does not meet the Air Force definition of a HAZMAT, these requirements do not apply.

(d) For each contractor-identified HAZMAT that does meet the Air Force definition of a HAZMAT, the HAZMART office will notify the Inspector of the material requiring authorization and tracking. An AF-EMIS worksheet (see below) will be completed and submitted as a submittal item to the Contracting Officer.

(e) The HAZMART office can assist the Contractor in completing the AF-EMIS worksheet if requested.

(f) The HAZMART office will enter the contractor supplied information into the HAZMAT tracking system to generate an AF Form 3952.

(g) The Contractor will be issued tracking labels (barcodes) to assist in tracking and reporting the material used during the performance of the contract. It is encouraged that the labels be affixed to the material. A Form 3952 will also be issued for the Contractors files. Copies of the AF Form 3952 must be kept on-site for the duration of the project. The contractor will be added to the authorized users list (AUL) by the HAZMART office.

(h) Contractor will be required to report to the Inspector on a monthly basis (by the 5th of the month) and at the end of the contract, within 10 working days after the completion of the project, the material used (see Contractor’s Monthly Hazmat Usage Report).

(i) QA or Inspector will forward this information to the HAZMART by the 10th of every month.

(j) HAZMART office will assist the QA, Inspector, and Contractor in any way possible and to answer any questions.

(k) Material brought on the installation, that was not originally identified by the contractor, must be authorized.

MSDS and other related information, provided by the contractor, must be given to the HAZMART office.

(l) Hours of operation for the HAZMART are 0700 to 1600 hours Monday through Friday, Building 811.

HAZMART phone numbers: 652-9856 or 652-4352

(m) Webpage: https://wwwmil.nellis.af.mil/units/99CES/environmental/hazmart&cap.htm

(n) HAZMAT DEFINITIONS: Any item or class of items covered in the Emergency Planning and Community Right-to-Know Act (EPCRA) tracking requirements, OSHA HAZCOM Standard, and all Class I, and Class II ODS (Ozone Depleting Substances). The following items are a few examples of type of products that may be required to be track in AF-EMIS:

(1) Items with the flash-point of 141 degrees or below.

(2) All paints, Lacquer, Enamels, and Thinners (Water-based, non-lead, non-polyurethane Latex paints are exempt from HAZMART tracking MSDS still required).

(3) Adhesive, Sealants, Glues, some types of caulking.

(4) Some Cleaning Supplies: Bleach, some types of glass cleaner, Drain cleaners, some floor waxes & stripers and others.

(5) Pesticides, Insecticides, Herbicides, Fungicides. Usages of these products are to be used only if specifically specified in the contract, otherwise usage of these materials is not permitted on Nellis AFB. Usage must be reported to 99 CES/CEOUE, Building 1037. Phone number: 652-5613.

Compressed Gases.

(6) Any type of material with a PH of 2 and below or 10.5 and above.

CONTRACTOR'S MONTHLY HAZMAT USAGE REPORT

Contractor: AF-EMIS Shop Code:

Contract #: Reporting Date:

The following information is required for tracking of Hazardous materials on Nellis AFB. This form is required to be filled out on a monthly basis and returned to the Government Representative (Inspector) by the 5th of the month. The Government Representative will provide a copy to the Hazmart office.

This information is required to comply with State, Federal and Air Force laws and regulations.

Material Manufacture NSN# Unit of Issue Amount

Name (can, bottle, tube) Used

Contractor Representative: Print Date

Signature

Government Representative: Print Date

Signature

AF-EMIS AUTHORIZATION REQUEST WORKSHEET

TYPE OF REQUEST: END DATE:

(circle one) LIMITED ONE-TIME RECURRING (required for Limited & One-Time uses)

SHOP INFORMATION

SHOP CODE: SUPPLY ACCOUNT(S) (optional):

MATERIAL INFORMATION

NSN/LSN:

DRAW INFORMATION

DRAW AMOUNT: DRAW FREQUENCY: (circle one) Greater than Yearly, Annually, Semi-Annually, Quarterly, Monthly, Weekly, Daily, One-Time Only

(AMOUNT ON HAND)

SOLE SOURCE INFORMATION

DOES THIS PROCESS INVOLVE A SOLE SOURCE REQUIREMENT? (circle one) YES NO

SOLE SOURCE MANUFACTURER NAME OR CAGE: SOLE SOURCE PART NUMBER/TRADE NAME:

JUSTIFICATION/REQUIRING DOCUMENT

IS THERE A TECHNICAL ORDER OR OTHER DOCUMENT JUSTIFYING THE USE OF THE REQUESTED MATERIAL?

(circle one) YES NO

JUSTIFICATION REQUIRING DOC PAGE# PARA REVDATE REV WEAPON SYS REMARKS

PROCESS INFORMATION

IS THIS REQUEST FOR A NEW WORKLOAD OR PROCESS IN THIS SHOP? (circle one) YES NO

IS THIS REQUEST FOR A NEW MATERIAL FOR THE SHOP? (circle one) YES NO

WILL THIS AUTHORIZATION REPLACE ANOTHER AUTHORIZATION (DIFFERENT PROCESS OR MATERIAL)?

(circle one) YES NO

IF YES, ENTER THE CONTROL ID FOR THE AUTHORIZATION BEING REPLACED:

REPLACE REASON: (optional)

AF-EMIS PROCESS CODE:

TASK INFORMATION

TASK DESCRIPTION (fully describe work activity and process in which this material is used):

DURATION OF TASK: FREQUENCY OF TASK:

(i.e. 5 minutes, NO VARIANCES) (i.e. 4 monthly, NO VARIANCES)

AMOUNT OF MATERIAL USED PER TASK: (specify units if other then unit of issue) (i.e. 2 bottles, 8 oz’s, NO VARIANCES) APPLICATION METHOD: (circle only one)applicator, brush, cloth, dipping, hose, not applied, parts washer, Pouring, pressurized bottle, servicing unit, putty knife/spatula, spray, squeeze bottle, squeeze tube, vapor condenser

AF-EMIS AUTHORIZATION REQUEST WORKSHEET, continued

PERSONNEL EXPOSURE

NUMBER OF PERSONNEL INVOLVED IN THIS TASK: (optional)

EXPOSURE TIME (in Seconds): (optional)

SHIFT TIME (If other than 8 hrs): (optional)

WOULD SKIN CONTACT OCCUR WITHOUT THE USE OF PPE? (circle one) YES NO

IF YES,WHERE WOULD SKIN CONTACT OCCUR WITHOUT PPE: (circle those that apply)

FACE EYES HANDS TORSO WHOLE BODY

PERSONAL PROTECTIVE EQUIPMENT (PPE)

WILL PERSONAL PROTECTIVE EQUIPMENT BE WORN DURING THIS PROCESS? (circle one) YES NO

RESPIRATOR RESPIRATOR RESPIRATOR RESPIRATOR

PPE TYPE PPE MANUFACTURER MODEL CARTRIDGE TYPE TC #

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

BODY - FACE - FEET - HANDS

RESPIRATOR - TORSO - HEAD

LOCATION INFORMATION

WILL THE PROCESS BE PERFORMED IN: (check all that apply)

A FACILITY, AIRCRAFT, EQUIPMENT, MANHOLE OR OTHER STRUCTURE, OUTDOORS,

SMALL OR RESTRICTED SPACE, CONFINED SPACE

WILL THE PROCESS BE PERFORMED IN A LOCATION OTHER THE THAN SHOP? (circle one) YES NO If yes, write a description of the Process Location (building number, etc.)

WHAT IS THE STORAGE LOCATION FOR UNUSED MATERIAL?

INDUSTRIAL EQUIPMENT:

WILL INDUSTRIAL EQUIPMENT BE USED?(circle one) YES NO

EQUIPMENT TYPE EQUIPMENT NO (optional) TRANSFER METHOD

HANDLING INFORMATION

WILL THE MATERIAL BE MIXED WITH ANOTHER SUBSTANCE OR SUBSTANCES? (circle one) YES NO

MIXING METHOD: (circle only one) Closed container mix, Hand, Impregnated, Open container, stirred, water/foam pump

WILL THE MATERIAL BE HEATED DURING THE PROCESS? (circle one) YES NO

HEATING METHOD:(circle one) MIN WORKING TEMP Heat Blanket, Oven, Soldering Iron, Torch

MAX WORKING TEMP

TEMP. UNITS ( °F/°C)

ABRASION METHOD: (sanded?) Not abraded, File, Grinder, Sander, Wire Brush

WILL THE MATERIAL BE PRESSURIZED DURING THE PROCESS? (circle one) YES NO

PRESSURIZATION METHOD: MIN WORKING PRESS

MAX WORKING PRESS

PRESS. UNITS

ENGINEERING CONTROLS

ENGINEERING CONTROLS IN USE DURING THE PROCESS: (circle all that apply) NONE, CANOPY HOOD, COOLING COIL, COVERED TANK, CROSS FLOW PAINT BOOTH, ENCLOSURES, EXHAUST VENTILATION SYSTEM, PAINT BOOTH, SEMI DOWN DRAFT PAINT BOOTH

WASTE GENERATED DURING PROCESS

DESCRIBE THE METHOD OF DISPOSAL FOR THE WASTE THAT IS GENERATED: (circle all that apply) AIR EMISSION, BULK CONTAINER, CONSUMED IN USE, DRAINED TO INDUSTRIAL WASTE TREATMENT PLANT, DRAINED TO SANITARY SEWER, DRUMMED/CONTAINERIZED, RECYCLED ON SITE, RECYCLED OFF-SITE, REUSED, TRASH/MUNICIPAL WASTE, TURNED-IN TO 90 DAY SITE, TURNED-IN TO LHM

WASTE ACCUMULATION POINT: (optional)

WASTE NSN: (optional)

WASTE PROFILE: (optional)

END ITEM (If other than a weapon system: (optional)

REMARKS (provide any additional information):

REQUESTOR CERTIFIER

REQUESTOR'S NAME: CERTIFIER'S NAME:

I certify that the material will be used as stated above. I certify that the material is required as stated above.

TITLE: TITLE:

OFFICE/ORG SYMBOL: OFFICE/ORG SYMBOL:

TELEPHONE #: TELEPHONE #:

DATE: DATE:

H-105

SAFETY AND ACCIDENT PREVENTION

(a) General: Compliance with the current U.S. Army Corps of Engineers "Safety and Health Requirements Manual", EM 3835-1-1; Occupational Safety and Health Act (OSHA) Public Law 1910 and 1926; Air Force Occupational Safety and Health (AFOSH) standards, and current Nellis AFB safety regulations is mandatory. The prime Contractor shall be held responsible to insure that his/her workforce and any subcontractor or supplier workforce comply to the above safety requirements.

(b) Personnel Safety: Adequate protection of all persons shall be provided at all times. Work shall proceed in a manner to prevent hazard.

(c) Safety Briefings: Contractors operating on base will be responsible to brief and ensure their employees, subcontractors, and suppliers comply with all traffic rules and regulations as well as entry procedures.

(d) Nellis AFB Security Police: All instructions given by Security Police personnel will be complied with immediately.

(e) Equipment and Tools: Equipment to be used on the project shall be safe and in good operating condition.

The Contracting Officer reserves the right to inspect any on-base equipment and reject such equipment if he considers it unsafe, in poor operating condition, or inappropriate for work.

(f) Explosive Operated Handtools: The Contractor shall comply with OSHA (Occupational Safety and Health Act) Standard 1910.215(c) when utilizing explosive operated handtools. Storage of explosive cartridges on the installation will be in metal containers and limited to one day’s supply. The Contractor will provide adequate controls to prevent loss/theft of cartridges used and stored on the installation.

(g) Electromagnetic Emission Devices: Electromagnetic emission devices (including but not limited to Radio/Radar Transmitters; Navigational Aids; Instrumentation’s; Signaling, Intrusion Detecting and Identification Devices; Mobile and Fixed Business Radio Communication Equipment; and MARS, CBs and Amateur Radio Stations) will be required to comply with the AFI 33-118, Electromagnetic Sprectum Management, dated 18 Jul 2005.

(h) Use of Radioactive Devices: Under no circumstances will an unlicensed radioactive device be used on Nellis Air Force Base. Prior to using a radioactive device (i.e., soil or asphalt density meter) on government property, the Contractor shall submit an application to the Contracting Officer for approval by the Base Radiation Protection Officer (99th Medical Group/SGPB). In accordance with Nellis AFB Instruction 48-101, the application shall be submitted thirty (30) to sixty (60) calendar days prior to the anticipated use and will consist of the following:

(1) A copy of the appropriate NRC license or State Permit to operate/own the radioactive device.

(2) A copy of the operator's qualifications and/or radiation safety training.

(3) Radiation dosimetry results for the operator for the past calendar year.

(4) A statement of the expected start date and the length of the contract per task order.

(5) A statement of expected storage and security requirements or other peculiar needs of the Contractor.

(6) Copies of the last two leak tests, if appropriate.

H-106

FIRE PREVENTION AND PROTECTION

(a) Nellis AFB Fire Regulations: The Contractor shall comply strictly with the Base fire regulations and become thoroughly familiar with and brief employees and subcontractors on the fire safety requirements applicable to this contract.

(b) Welding Permit: No welding, cutting or open flame will be permitted without obtaining a Welding/Cutting/Burning Permit issued by the Base Fire Department. This permit shall be requested by the Contractor a minimum of one workday prior to required need. A permit must be obtained each time any welding, cutting, or open flame is required.

(c) Clean-Up: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage. All scrap materials, rubbish, and trash shall be removed daily from in and about the site and shall not be permitted to be scattered on adjacent property.

(d) Fire Extinguishers: The Contractor shall provide fire extinguishers in accordance with the recommendations of the base fire regulations. Proper type fire extinguisher shall be available at each location where cutting and welding is being performed. Where electric or gas welding or cutting is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. No cutting, welding or open flame shall be allowed by the Contractor without first obtaining a permit from the Base Fire Department.

Requests for permits must be requested a minimum of two (2) workdays prior to need.

H-107

EMERGENCY MEDICAL TREATMENT

The Mike O’Callaghan Federal Hospital (MOFH) will provide emergency medical treatment to employees of the Contractor for injuries incurred while working at Nellis AFB NV. The Contractor will be required to reimburse the Government at an established rate for non-beneficiaries in accordance with DoD Regulation 6010.15. After receiving initial emergency treatment, the Contractor will provide the hospital with the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care. Follow-on care after initial emergency treatment will not be provided.

H-108

WEATHER CONDITIONS

(a) Weather Hazards: The Contractor shall satisfy himself as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau office.

Additional performance time will only be considered for time lot as a result of unusual and severe weather.

(b) High Winds: When warnings of winds of gale force or stronger are issued, Contractor shall take every practicable precaution to minimize damage (including overspray) to persons, work, and adjacent property. These precautions may include removing all stored materials, tools, and/or equipment from exposed locations and removing or securing any temporary structures.

(c) Time Extensions: In conformance with Federal Acquisition Regulation Clause (FAR) 52.249-10, Default (Fixed-Price Construction), only unusually severe weather will be considered by the Contracting Officer in determining if the time for completing the work is excuseable as a result of weather and the performance period should be extended.

H-109

PAYROLLS

(a) The Contractor shall submit weekly payrolls in conformance with FAR Clause 52.222-8, Payrolls and Basic Records. This information may be submitted on Optional Form WH-347 and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington DC 20402.