FA5215-08-R-0010.pdf

F2C1EC8018A001

REPAIR/UPGRADE ELECTRICAL DISTRIBUTION SYSTEM PHASE 4

The Magnitude of this project is betw een $5 Mil and $10 Mil.

TINA PETTYJOHN (808) 448-2931

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

26-Mar-2008

(RFP)

(IFB)

X

CALL:

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 ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ Section F

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 __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________09 Apr 2008 (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 _______180 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

15TH CONTRACTING SQUADRON

ATTN: TINA PETTYJOHN

90 G ST., BLDG 1201

HICKAM AFB HI 96853-5230

FA5215

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

(808) 448-2920FAX:TEL: (808) 448-2931 TEL: FAX:

FA5215-08-R-0010 62

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

FA5215-08-R-0010

Section A - Solicitation/Contract Form

CLAUSES AND PROVISIONS

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L and M will be physically removed from any resultant award but will be deemed to be incorporated, by reference, in that award.

(d) Hawaii State excise tax should be included in the contractor’s cost. The contractor should contact Hawaii Department of Taxation for the current rate.

ATTENTION IS CALLED TO THE FOLLOWING:

a. This acquisition is 8(a) competitive (NAICS 238210)

b. Evaluation factors for award are contained in Section M

c. Single award will be made.

d. See Section L for pre-proposal conference/site visit information will be held only on 7 Apr 2008.

e. See Section L for information on proposal preparation instructions

CENTRAL CONTRACTOR REGISTRATION

Contractors must be registered in the CCR program to be eligible for award from a Department of Defense activity. Information on registering in CCR can be found at the web site: http://www.ccr.gov

INFORMATION FOR PROSPECTIVE EMPLOYERS ON FEDERAL CONTRACTS.

All employers doing business in Hawaii are subject to Hawaii tax and labor laws. Employers who are doing or plan to do business in Hawaii, and are awarded contracts by a Federal or military agency, are subject to the provisions of the Hawaii Revised Statutes (HRS). The following Internet Web Sites will provide information on the requirements:

State of Hawaii Department of Business, Economic Development and Tourism:

www.hawaii.gov/dbedt

State of Hawaii: www.ehawaii.gov/dakine/index.html

Chamber of Commerce of Hawaii: www.cochawaii.com

Hawaii Department of Taxation: www.state.hi.us/tax/tax.html

Hawaii Department of Labor and Industrial Relations: www.hawaii.gov/labor

AMENDMENT(S)

Amendments shall be issued and posted at http://www.eps.gov or http://www.fedbizopps.gov. It is your responsibility to check daily for amendment(s) issued. Acknowledgement of amendment(s) shall be included in your proposal. Amendment(s) issued will be incorporated into the resulting contract.

Section B - Supplies or Services and Prices

STATUTORY COST LIMITATION OF $750,000 APPLIES TO MINOR CONSTRUCTION, CLINS 0001

AND 0002AA THROUGH 0002AE.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum KNMD 07-1043A, Upgrade Electrical Sys

FFP

Modification to Onizuka and Earhart Circuits. Job to include Sitework, Electrical Equipment, Electrical/Splices/Terminations & Concrete Encased Ductline System.

Refer to Statement for details.

FOB: Destination

NSN: Z159-08-REP-ELEC

PURCHASE REQUEST NUMBER: F2C1EC8018A001

SIGNAL CODE: A

NET AMT

0002 Each

KNMD 07-1043A, UNIT PRICED ITEMS

FFP

CLINS 0002AA through 0002AE FOB: Destination

NSN: Z159-08-REP-ELEC

0002AA 100 Cubic

Meter

REMOVAL & DISPOSAL OF SOIL

FFP

UNIT PRICED ITEM: Removal and disposal of petroleum contaminated soil.

FOB: Destination

0002AB 50 Drum

REMOVAL & DISPOSAL OF WATER

FFP

UNIT PRICE ITEM: Removal and disposal of fuel contaiminated water.

FOB: Destination

0002AC 10 Drum

REMOVAL & DISPOSAL OF PCB

FFP

UNIT PRICED ITEM: Removal and disposal of fluids containing Polychlorinated Biphenyls (PCB).

FOB: Destination

0002AD 10 Square

REMOVAL & DISPOSAL OF ASBESTOS

UNIT PRICED ITEM: Removal and disposal of asbestos fire proofing.

FOB: Destination

0002AE 10 Drum

REMOVAL & DISPOSAL OF ASBESTOS

FFP

UNIT PRICED ITEM: Removal and disposal of asbestos containing materials.

FOB: Destination

0003 Each KNMD 07-1043, Maintenance & Repair

FFP

FOB: Destination

NSN: Z159-08-REP-ELEC

0003AA 1 Lump Sum Replace Earhart Circuit

FFP

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System, Demolition Work and Pole Modifications. Refer to the Statement of Work for details.

FOB: Destination

NSN: Z159-08-REP-ELEC

0003AB 1 Lump Sum Replace TS2093A and TS2093B

FFP

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to the Statement of Work for details.

FOB: Destination

NSN: Z159-08-REP-ELEC

0003AC 1 Lump Sum

REPLACE OHANA NUI AND HV-1

FFP

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System, Demolition Work and Pole Modifications. Refer to the Statement of Work for details.

FOB: Destination

NSN: Z159-08-REP-ELEC

0004 Each

KNMD071043 M&R UNIT PRICED ITEMS

FFP

CLINS 0004AA through 0004AE FOB: Destination

0004AA 500 Cubic

REMOVAL & DISPOSAL OF SOIL

UNIT PRICED ITEM: Removal and disposal of petroleum contaminated soil.

FOB: Destination

0004AB 200 Drum

REMOVAL & DISPOSAL OF WATER

FFP

UNIT PRICED ITEM: Removal and disposal of fuel contaminated water.

FOB: Destination

0004AC 50 Drum

REMOVAL & DISPOSAL OF PCB

FFP

UNIT PRICED ITEM: Removal and disposal of fluids containing Polychlorinated Biphenyls (PCB).

FOB: Destination

0004AD 100 Square

REMOVAL & DISPOSAL OF ASBESTOS

UNIT PRICED ITEM: Removal and disposal of asbestos fire proofing.

FOB: Destination

0004AE 100 Drum

REMOVAL & DISPOSAL OF ASBESTOS

FFP

UNIT PRICED ITEM: Removal and disposal of asbestos containing materials.

FOB: Destination

0005 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 1) - REPLACE 1072A AND 1072B

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0006 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 2) - MOVE TP1232 TO 1072A AND B

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0007 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 3) - REPLACE TV2076

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0008 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 4) - REPLACE TS924

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0009 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 5) - REPLACE TV2171

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0010 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 6) - REPLACE TV2160

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0011 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 7) - REPLACE TV1113

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0012 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 8) - REPLACE TV2158

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

0013 Each OPTION KNMD071043 (Maintenance & Repair)

FFP

(OPTION 9) - REPLACE TP3220

Job to include Sitework, Electrical Equipment, Electrical Wiring/Splices/Terminations, Concrete Encased Ductline System and Demolition Work. Refer to Statement for details.

Section C - Descriptions and Specifications

The contractor shall furnish all materials, equipment, and personnel to perform repair and upgrade electrical distribution system at Hickam AFB, Hawaii in accordance with Statement of Work listed in Section J of this contract.

Statutory Cost Limitation of $750,000 applies to minor construction.

Note: Requests for Statement of work and Drawings on CD-ROM must be in writing by e-mail or to the following address. There is a limit of one CD-ROM per offeror.

Address:

15th Contracting Squadron

15 CONS/LGCA

Attn: SSgt Steve Fennell 90 G Street, Building 1201 Hickam AFB HI 96853-5230

E-mail: steve.fennell@hickam.af.mil

Attachments are identified in Section J.

Section E - Inspection and Acceptance

SCHEDULING OF INSPECTIONS

To request final inspection, the Contractor shall notify the Contracting Officer in writing, three (3) working days in advance or as otherwise stated in the contract. Notification shall include the desired time and date of inspection.

WARRANTY IMPLEMENTATION

The following requirements shall be in addition to the requirements set forth in the Warranty of Construction Clause in SECTION I, FAR 52.246-21 entitled "WARRANTY OF CONSTRUCTION” (MAR 1994)".

(a) The Contractor shall designate a representative within the State of Hawaii to implement the warranties included in this contract. The Contractor may designate himself provided he has a permanent office in the State of Hawaii.

The Contractor may designate different representatives for separate specialties of work.

(b) The name, address, telephone number of the representative, and nomenclature of warranty item shall be submitted to the Contracting Officer at least 30 days prior to the contract completion date or beneficial occupancy of the work or part thereof. For the purposes of the warranty clause, a reasonable time shall be considered to be as follows:

(1) Seven (7) calendar days from the receipt of a written notification of any failure, defect or damage of such nature that the work remains functional or habitable or both, as applicable.

(2) Twenty-four (24) hours (or as otherwise indicated in other sections of this specification) for failures, defects or damages which render the work nonfunctional. Response in this instance starts from receipt of verbal notification from an authorized representative of the Contracting Officer. Written confirmation will follow the initial verbal request.

(c) The warranty implementation shall require the Contractor to respond to a warranty notification within the time periods as described in paragraph (1) or (2) above. If the Contractor takes no remedial action, the Government shall take necessary corrective action to accomplish the repair and/or replacement and be reimbursed by the Contractor for all work and/or equipment including materials and labor to keep the warranty valid.

(d) The Contractor shall place equipment warranty stickers on all warranted equipment in the location designated by the Technical Representative of the Contracting Officer. The stickers shall include the following information:

Equipment warranty until Under Contract No. FA5215-07-C- Project No./Title : KNMD071043/A, Repair/Upgrade Electrical Distribution System, Phase 4, Hickam AFB HI Contact for warranty is 15 CES/CECC, telephone 448-2868.

CLAUSES INCORPORATED BY FULL TEXT

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Section F - Deliveries or Performance

DELIVERIES AND PERFORMANCE

PERFORMANCE PERIOD

(IAW FAR 11.401(a))

Contract Performance Period: The performance period under this contract shall be 720 calendar days after issuance of Notice to Proceed. Notice to Proceed shall be issued as receipt of payment and performance bonds.

Performance Schedule.

The performance period set forth below is designated only as a guide for the contractor’s use:

Task/Description Calendar Days Notice To Proceed, administrative submittal/approval, etc. 120 Procurement of materials 180 Mobilization/demobilization and project construction 333 Inclement Weather 20 Cleanup and inspection/Maintenance period for grassing 67 Total contract period for basic requirement 720

Performance period for options are as follows:

Option 1, if not awarded at time of award, shall be 180 calendar days* Option 2, if not awarded at time of award, shall be 180 calendar days* Option 3, if not awarded at time of award, shall be 180 calendar days* Option 4, if not awarded at time of award, shall be 180 calendar days* Option 5, if not awarded at time of award, shall be 180 calendar days* Option 6, if not awarded at time of award, shall be 180 calendar days* Option 7, if not awarded at time of award, shall be 180 calendar days* Option 8, if not awarded at time of award, shall be 180 calendar days* Option 9, if not awarded at time of award, shall be 180 calendar days* *For Option Clins not awarded at time of award, performance time shall be 180 calendar days after the issuance of Notice to Proceed.

WORK HOURS

The work area will be made available to the Contractor during the hours of 7:30A.M. to 4:00P.M. Monday through Friday (excluding Federal holidays) or as otherwise directed by the Contracting Officer. If during the period of construction the Contractor desires to work on Saturdays, Sundays, holidays, or after the work hours specified herein, he/she will submit his request in writing to the Contracting Officer not less than three working days in advance of the desired work day. However, if approval is granted to allow the Contractor to work other than the normal work hours specified herein, he/she may be required to bear all costs for Government inspection performed during that approved period. Under such circumstances, the Contractor will reimburse the Government at the rate of $56.43 per hour for any hours worked by the Technical Representative of the Contracting Officer (TRCO) Inspector outside the normal work hours specified herein.

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 of $277.65 for each calendar day of delay until the work is completed or accepted.

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

Section G - Contract Administration Data

CONTRACT ADMINISTRATION PERSONNEL

The Contracting Officer will provide to the Contractor, a listing of the names of the Administrative Contracting Officer, Contract Administrator, Technical Representative of the Contracting Officer (TRCO/Government Inspector), and their telephone numbers at the time of award or at the pre-performance conference.

PRE-CONSTRUCTION CONFERENCE

Before the issuance of the Notice to Proceed, a conference shall be conducted by the Contracting Officer to acquaint the contractor with government policies and procedures that are to be observed during the prosecution of the work to develop mutual understanding relative to the administration of the contract.

CONTRACT PROGRESS MEETING

(a) The administrative contracting officer (ACO), and other government personnel, as appropriate, will meet periodically with the contractor to review the contract performance. At these meetings, the ACO will apprise the contractor of how the government views the contractor’s performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

(b) These meetings may be held more frequently during the first quarter of the contract period as required.

(c) Minutes of these meetings will be reduced to writing and signed by the ACO and the contractor.

Should the contractor not concur with the minutes, the contractor shall set out in writing any area of non-concurrence. Appropriate action will be taken to resolve any area of non-concurrence.

PAYMENT OFFICE

The payment office will be designated on the SF1442.

WIDE AREA WORK FLOW

Payments shall be expedited electronically via Internet through the Wide Area Workflow (WAWF) on https://rmb.ogden.disa.mil. To use WAWF, the following codes are required to route your invoices correctly through WAWF.

Note: Use of WAWF is mandatory, and its use does not change any terms or conditions of this solicitation or resultant contract. For additional information regarding WAWF, please visit https://rmb.ogden.disa.mil

Located in block Description

DD1155 SF26 SF33 SF1442 SF1499

Issuing Office DoDAAC 6 5 7 7 9

Administrating Office DoDAAC 7 6 24 26 16

Inspector’s DoDAAC 14 11 See Schedule See Schedule 15

Service Acceptor DoDAAC 14 11 See Schedule See Schedule 15

Pay Office DoDAAC 15 12 25 27 18a

Contracting Officer’s E-Mail Address caroline.ponce@hickam.af.mil

Inspector’s E-Mail Address TBA

Service Acceptor’s E-Mail Address tina.pettyjohn@hickam.af.mil

NOTE: Contractor may check status of submitted invoices at https://myinvoice.csd.disa.mil//index.html

Section H - Special Contract Requirements

DAVIS BACON ACT

Davis Bacon Act, Wage Determination General Decision No. HI080001, Modification Number 1, Publication Date 02/15/08, is made part a hereof.

REQUIRED INSURANCE (IAW FAR 28.306(b))

(a) The contractor shall furnish the contracting officer, within thirty (30) days after receipt of an executed contract and prior to commencement of contract performance, a duly executed Certificate of Insurance or statement in writing attesting to existence of insurance as noted below. The certificate or statement must provide for thirty (30) days written notice to the contracting officer, by the insurance company, prior to cancellation or material change in policy coverage. In addition to any other legally required insurance, the contractor must provide insurance for coverage in amounts specified below:

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.

(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.

PREPARATION OF MATERIAL APPROVAL SUBMITTALS

The submittals contemplated by the clause at Section I, FAR 52.236-5, entitled "MATERIAL AND WORKMANSHIP (APR 1984)," shall be accomplished on and in accordance with instructions pertaining to AF Form 3000, Material Approval Submittals, that shall be addressed at pre-performance construction conference.

SECURITY OF STORAGE AREA

If the Contractor elects to utilize the storage area made available to him/her by the Government, he/she will be responsible for constructing a fence around the area subject to the approval of the Contracting Officer and at the contractor's expense. A sign will also be installed on the fence identifying the Contractor. The installation of this fence and sign does not relieve the Contractor from his/her responsibilities under the contract clause at Section I, FAR 52.236-10, entitled "OPERATIONS AND STORAGE AREAS (APR 1984)". Only materials to be used under the contract are authorized for storage.

AVAILABILITY AND USE OF UTILITY SERVICES

The Contractor shall review the contract clause at Section I, FAR 52.236-14 entitled "AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)". Reasonable required amounts of utilities (water and electricity) will be furnished, without charge, to the Contractor. Temporary connections and dismantling of utility lines are the sole responsibility of the Contractor at no additional cost to the Government.

PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause at Section I, FAR 52.236-15, entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)," shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule; and AF Form 3065, Contract Progress Report.

TROPICAL CYCLONE CONDITIONS OF READINESS (TCCOR)

In order to protect U.S. Government property, the following actions will be taken upon declaration of Tropical Cyclone conditions and/or high wind warnings.

(a) Tropical Cyclone Condition 3: When Condition 3 is declared, the contractor will perform general area clean up.

All loose debris, waste and excess contractor owned supplies, materials and equipment will be removed from U.S.

Government facilities and disposed of off base in accordance with local State and Federal laws at contractor's expense. Work may continue provided effective and adequate clean up has been accomplished.

(b) Tropical Cyclone Condition 2: When Condition 2 is declared, all exterior work will cease immediately and interior work will be continued until Condition 1 is given. The contractor will take the necessary action listed below to secure the job site against damages which may result from anticipated weather conditions. The contractor may be called at any time to complete tropical cyclonization; therefore, the contractor will provide emergency telephone numbers and/or addresses where at least three (3) officials of the company may be reached and notified that immediate cyclonization is necessary.

(1) General Area Clean Up: Clean up and disposal of loose debris and waste will continue as directed by Paragraph (a) above.

(2) Usable Lumber: Usable lumber will be taken inside of a building and tied by heavy wire, cable or rope. This lumber may be securely tied together and anchored to the ground if there is no room inside a building or no building available.

(3)Barrels: All remaining barrels will be placed within the construction building when available. When a building is not available, barrels will be tied together and securely staked to the ground or filled with sand or gravel.

(1) Contractor Field Office: All contractor field offices will be either (i) removed from the military installation or (ii) securely anchored by heavy cable as approved by the Base Civil Engineering representative.

(5) Concrete Forms, Form Supports, and Accessory Materials: All concrete forms, form supports and accessory materials required for future construction will be tied together into bundles with heavy wire, cable or rope and will be placed within the construction building or structures where available and practical.

(6) Sand Aggregates: All piles of sand or aggregate on or near the flight line will be completely covered by either a tarpaulin weighted with building blocks or other methods approved by the Base Civil Engineering representative.

(7) Contractor Equipment: All medium sized equipment will be removed, or placed close to a building will be secured with blocks or anchored with cable or both. Items or small equipment will be moved inside a building and secured or moved off U.S. Government facilities.

(c) Tropical Cyclone Condition 1: When Condition 1 is declared without normal progression through Condition 3 and/or 2; the contractor will take actions listed in paragraphs (1) through (7) above. These actions will commence immediately upon declaration of Condition 1. The contractor will be notified either at the job site or at the emergency phone numbers and/or addresses when tropical cyclonization is required in accordance with this paragraph.

(d) High Wind Warning: When gusts of 30 knots per hour or greater are forecasted, the contractor may be required to accomplish general area clean up in accordance with Paragraph (1) above, to bundle and securely tie or securely cover and weigh small wooden items, to remove and secure wooden barricades and to remove loose materials from roofs and other high unprotected areas.

(e) Salvageable Material: Salvageable material may not be taken to Defense Property Disposal after a tropical cyclone condition is declared. The contractor will be responsible for tropical cyclonization of such material.

(f) The contractor's representative will not leave the job site after notified under Paragraphs (b), (c), and (d) above until the area has been inspected and cleared by the Technical Representative of the Contracting Officer (TRCO) Inspector. The contractor may request an inspection by calling the TRCO.

(g) With regard to typhoon (hurricane) notification preparations, the contractor shall use the standard notification procedures as published by the NOAA National Weather Service, Radio/TV network for notification in the possible absence of other instruction.

MANAGING RADIOACTIVE MATERIALS USAF

(AFI 40-201 (1 SEP 2000))

Neither radioactive materials nor instruments containing radioactive material shall be brought onto Hickam Air Force Base or other Air Force owned property without written approval from the Base Radiation Safety Officer.

TOBACCO USE IN THE AIR FORCE

(AFI 40-102 (1 AUG 1998))

The Air Force prohibits smoking and use of smokeless tobacco in or around the construction site at all times.

COMPLIANCE WITH STATE AND FEDERAL LAWS AND REQUIREMENTS

This contract, the contractor and the contractor’s employees are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any state (or other public authority now or hereafter in force). The contractor agrees to observe and comply with all applicable State and Federal requirements regarding Social Security, Worker’s Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any governmental body against any employee of the contractor for the violation of a State or Federal law or regulation (to specifically include persons barred by the Hickam Base Commander) shall not excuse the contractor from full compliance with the terms and conditions of this contract.

RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN PERSONNEL

The government reserves the right to perform or supplement performance of contract functions with government personnel during periods of disaster, war, emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of non-performance by the contractor’s employees. The contractor agrees, under such circumstances, to permit the government to use any essential contractor-furnished property. In the event of a strike, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the contracting officer, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance.

SUPERVISION AND CONTROL

The Government shall not exercise any supervision or control over the contractor’s employees performing services under this contract. Such employees shall be accountable not to the Government but solely to the contractor, who in turn is responsible to the Government.

CONTRACT MANNING AND POSITION TENANCY CRITERIA

The contractor shall provide an adequate work force to perform the services required by this contract. Both the manning level and employee requisite skills shall be the minimum number of personnel and skill classifications required to perform the contract services. If the contractor’s performance of all or any part of the contract work is determined unsatisfactory as a direct result of inadequate manning thereby jeopardizing performance, the Government reserves the right to require the contractor to promptly furnish such additional manpower of sufficient quantity and quality to ensure satisfactory performance of the contract requirements, without additional cost to the Government. In any event, there shall be no additional cost to the Government for shift extensions or overtime required to perform work as a result of a vacant position.

REMOVAL OF EMPLOYEES

The contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.

The contracting officer may require that the contractor remove from the Government job any servant, agent or employee of the contractor whose continued employment, in the opinion of the administrative contracting officer (ACO), is inconsistent with the interests of the Government. Failure to do so may be cause for action under the Default Clause in Section I.

ACCIDENT REPORT PROCEDURES

In the event of an accident on Government property, or involving Government personnel or property, the contractor shall submit a report within 72 hours to the contracting officer in letter form that shall include the following: (1) the time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative or description of the accident to include chronological order of the accident and circumstances.

CONSTRUCTION QUALITY CONTROL

(a) The contractor shall provide a Quality Control System to ensure performance in accordance with the contract requirements and to perform all inspection and/or testing required under this contract unless specifically designated to be performed by the Government.

(b) The Quality Control System shall be submitted to the Contracting Officer for approval not later than 15 calendar days after issuance of the Notice to Proceed. The plan should consist of but not be limited to: plans, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, construction and operations with comply with contract requirements. Should proposed changes to the accepted plan be required during construction, it shall be submitted for approval by Contracting Officer.

(c) Prior to the start of construction, the assigned quality control personnel shall meet the contract administrator, project engineer, and inspector. Subsequent conferences shall be held prior to the beginning of each major phase of construction.

(1) The contractor shall identify the personnel assigned for overall management and the authority that this person has at the time of the pre-construction conference.

(2) At the completion of all work or any increment thereof, the quality control manager shall conduct a completion inspection of the work and develop a “punch list” of items which do not conform to the approved plans and specifications. Corrections will be performed prior to request of final inspection by the Government.

CONTRACTOR RESPONSIBILITIES

The contractor shall at all times keep the work area used by the contractor free of waste material or rubbish and prior to completion of the work day remove any rubbish from the premises.

PAYMENT OF MATERIALS

No payment shall be allowed for materials prior to installation.

NON-HAZARDOUS SOLID WASTE REPORT

Contractor shall provide to the Government a written report of non-hazardous, non-recyclable and non-hazardous recyclable solid waste disposed from this project no later than the date of final inspection.

FENCING AROUND JOB SITE

Contractor is required to have fencing around the job site; he/she will be responsible for constructing a fence around the area to include brown sheathing fabric on the chain link construction fence subject to the approval of the Contracting Officer at the contractor's expense.

CONTRACTOR SAFETY AND CONTROLS

Contractor Personnel – The following rules apply to all contractor personnel working on Hickam AFB and/or other AF installations on Oahu. Failure to comply will result in suspension or revocation of driving privileges on AF property.

a. Seatbelts must be worn at all times while operating a motorized vehicle

b. Comply with all posted speed limits

c. Stay off the flightline airfield unless authorized

d. Obey all directions of any Security Police personnel

CONTRACTOR REQUIREMENTS

(a) Minimize access (traffic) to construction sites to preserve flora and fauna; i.e., do not make multiple access ways to the construction site; minimize damage.

(b) Illegal drugs will not be tolerated

(c) Illegal dumping in unauthorized sites is prohibited. Contractors observed dumping without approval may be fined for each illegal dump and will be required to test the material for hazardous waste and remove the materials from the base.

(d) Construction and storage sites will be kept neat at all times. Fencing materials around construction sites will be straight, taut, and aligned. All materials on construction and storage sites and will be stored neatly. Chemicals, paints, and other containerized materials will be labeled appropriately as to the contents.

(e) Toning and broken utility lines…Contractors are required to obtain digging permits for all excavation work.

When utility lines are inadvertently broken, the Contractor is fully responsible for expediting all repairs to minimize utility outages which include having in-place utility contractors on call to make the repairs.

(f) Temporary material transfer sites may be authorized by the government for contractor storage of waste materials. The Contractor is responsible for cleanup of the transfer sites at approved time intervals and upon completion of the contract. It has been noted that once a transfer site is established, other unknown contractor/persons start to dump waste materials in the same general area. The Contractor will be responsible for policing this area to insure this does not happen; should this illegal dumping occur, the Contractor is also responsible for removal of this additional waste material too.

TRAFFIC CONTROL/WARNING DEVICES AND EQUIPMENT

(a) Red Cones are used to demarcate temporary construction areas. Cones are for short-term use only; i.e., at the end of the workday, they need to be removed.

(b) Safety barriers are used to demarcate temporary construction sites. Safety barriers are used for longer-term construction areas and should be deployed sparingly, kept neatly aligned, and removed once the work in the area is completed.

COMPLIANCE WITH HAWAII TAX AND EMPLOYMENT BENEFIT LAWS AND REGULATIONS,

Hawaii Revised Statutes, Section 103D-310, AND Hawaii Administrative Rules, Section 3-122-112.

(a) The Contractor shall comply with all Hawaii tax and employee benefit laws and regulations.

(b) Within 30 calendar days after notice of award, Contractor shall obtain a declaration of compliance from the State of Hawaii confirming that Contractor has registered with the State of Hawaii and is in compliance with the:

(1) Hawaii State General Excise Tax Law;

(2) Hawaii State Employment Security Law;

(3) Hawaii State Workers’ Compensation Law;

(4) Hawaii State Temporary Disability Insurance Benefits requirements; and

(5) Hawaii State Prepaid Health Care Act obligations.

(c) To demonstrated compliance, Contractor shall obtain Hawaii State Department of Labor and Industrial Relations Certificate of Compliance with Hawaii Revised Statutes, Section 103D-310(c), Form LIR#27, from the Department of Labor and Industrial Relations, 830 Punchbowl Street, Honolulu, Hawaii 96813, Telephone: (808) 586-8888.

(d) Contractor shall make available copies of the Hawaii State Department of Labor and Industrial Relations Certificate of Compliance with Hawaii Revised Statutes 103D-310(c), Form LIR#27, at all reasonable times for inspection by the Contracting Officer or an authorized representative and duly authorized officials of the State of Hawaii.

(e) Contractor will incorporate this clause into all subcontracts awarded for work on this contract. Failure by the Contractor to comply with the requirements of this clause may result in termination of the contract under the “Default” clause.

GREEN PROCUREMENT PROGRAM (GPP)

A. References:

Federal Acquisition Regulation: Subparts 23.2, 23.4, 23.7 and 23.8, and Parts 11, 12, 13, 36, and 52.

http://www.arnet.gov/far

FAR 52-223-4 Estimate of Percentage of Recovered Material Content for EPA Designated Products

FAR 52.223-9 Recovered Material Certification

Environmentally Preferable Products and Services: For Paints, Carpet, Office Supplies, Cleaners and Particle Board Purchases – http://www.greenseal.org/recommendations.htm For cleaners: http://www.epa.gov/opptintr/epp/cleaners/select/ For construction projects: http://www.epa.gov/opptintr/epp/tools/bees.htm

GPP is mandated by the Resource Conservation Recovery Act, the Clean Air Act, and the Energy Policy Act. But green procurement is not just about “helping the environment” or complying with the law. Green products can perform better than their conventional counterparts.

B. Hickam Air Force Base (HAFB) has a requirement for the cost effective green procurement program of environmentally preferable products and services.

Green Procurement is defined as the process of purchasing environmentally preferable products, such as products manufactured from recycled and reclaimed materials. The purpose of HAFB’s green procurement program is to increase the purchase and use of products with the highest percentage of recovered materials practicable. These products are preferred because they conserve resources, create less pollution and waste, or eliminate health and safety risks.

The requirement includes six mandatory components and one voluntary component. The mandatory program elements are:

Recycled-content products, also known as EPA Comprehensive Procurement Guideline (CPG) items or Affirmative Procurement items

Biobased products made from rapidly renewable plant materials (usually agricultural products) Energy Star® and other energy efficient products, and Low Standby Power electronic devices Alternatively fueled and fuel efficient vehicles, and alternative vehicle fuels Non-ozone depleting substances EPA Priority Chemicals

One voluntary component:

Environmentally preferable products (EPP)

The United States Environmental Protection Agency (USEPA) has designated guideline items in the Comprehensive Procurement Guideline (CPG III for mandatory procurement. The CPG Products are products that are or can be made containing recycled materials. In the CPG, the USEPA organizes these items into 8 product categories as follows:

1. Construction Products

2. Landscaping Products

3. Non-paper Office Products

4. Paper and Paper Products

5. Park and Recreation Products

6. Transportation Products

7. Vehicular Products

8. Miscellaneous Products

EPA guideline items for construction currently include but are not limited to the following:

Construction Products: building insulation products, Carpet and carpet cushion. Consolidated and reprocessed latex paint, Floor tiles, Flowable fill, Laminated paperboard, Modular threshold ramps, Nonpressure pipe, Patio Blocks, Railroad grade crossing surfaces, Shower and restroom dividers/partitions, Structural fiberboard, and Cement and concrete containing fly ash, ground granulated blast furnace slag, cenospheres, or silica flume

Landscaping Products: Compost made from yard trimmings or food waste, Garden and soaker hoses, Hydraulic mulch, Lawn and garden edging and Plastic lumber landscaping timers and posts

Non-Paper Office Products: Binders (paper, plastic covered, clipboards, file folders, clip portfolios and presentation folders, Office furniture, Office recycling containers, Office waste receptacles, Plastic desktop accessories, Plastic envelopes, Plastic trash bags, Printer ribbons and Toner cartridges.

Paper and Paper Products Transportation Products: Printing and writing paper, Newsprint, Commercial sanitary tissue products, Paperboard and packaging products, and miscellaneous papers (trayliners)

Park and Recreation Products: Plastic fencing (used for erosion control or as a safety barrier at construction sites), Playground surfaces, Running tracks, Park and recreational furniture and Playground equipment

Transportation Products: Channelizers, Delineators and flexible delineators, Parking stops, Traffic barricades and Traffic cones

Vehicular Products: Engine coolants, Rebuilt vehicular parts, Re-refined lubricating oils, and Retread tires

Miscellaneous Products: Awards and Plaques, Bike racks, blasting grit, Industrial drums, Manual-grade strapping and stretch wrap, Mats, Pallets, Signage, and Sorbents

NOTE: A current detailed listing of these products and recycled content requirements can be found on USEPA’s web site at http://www.epa.gov/cpg/products.htm. Once in the web site, to view the products, click on one of the categories. Within a category, click on a specific product. The following information will be provided:

Recommended Recovered Materials Content levels, Product Specifications, and Product Information, which includes a list of manufacturers…