Attachment_1_General_Provisions.pdf

GENERAL PROVISIONS

INDEFINATE DELIVERY INDEFINATE

QUANTITY CONTRACT FOR INSTALLATION OF

FLOORING

//signed// Wolfgang Richard, CIV Construction Inspector

52 CES/CENM

SPANGDAHLEM AB

31 JULY 2019

GENERAL PROVISIONS

FOR

THE INDEFINATE DELIVERY INDEFINATE QUANTITY CONTRACT

FOR INSTALLATION OF FLOORING

1.0 DESCRIPTION OF WORK.

The contractor shall provide for subject Indefinite Delivery/Indefinite Quantity (IDIQ) Contract, all personnel, equipment, tools, materials, supervision, transportation, and other items and services required to perform “Installation of Government-Furnished and Contractor Furnished Floor Coverings” such as: Carpet, Carpet Tiles, PVC, Linoleum, Ceramic Tiles, Parquet, including the preparatory work of Floor Sub-Base” in buildings on Spangdahlem Air Base and its respective sites located within a radius of 60 kilometers; such as: Grosslittgen, Niederkail, etc.. or any other facility located in Germany that is the responsibility of the 52nd Fighter Wing. All aforementioned sites include secured areas and will require prior notification from the contractor before entry can be granted.

1.1. Performance Standard and Workmanship

The contractor shall accomplish all work of this General Provisions in accordance with the VOB –Verdingungsordnung für Bauleistungen and German VDE 0100 standards. Further the UVV Unfall- Verhütungsvorschriften of the BG (Berufsgenossenschaft), the National Fire Protection Association (NFPA).

The contractor shall use the most current version of standards as they become available and if there is any discrepancy between standards the stricter standard shall be complied with.

a. The following base regulations and applicable building- and safety codes shall be adhered by the contractor, which can be read on weekdays from 0700 to 1600 hrs in the Design Section (CECE), Building 119, on Spangdahlem AB.

(1) Base Traffic Regulations (AFI 31-204 and supplements) latest edition.

(2) Base Fire Regulations (SABR 92-1) latest edition.

(3) Base Security Regulations (AFI 207-1 and supplements), latest edition.

(4) Accident Prevention Codes of the Construction Trade Association. All AF Safety Regulations and AFOSH Standards.

(5) Upon request, pertinent Regulations may be available at the aforementioned Design Section.

1.2 Environmental Laws and Regulations

a. The contractor shall comply with the following:

(1) Disposal of Asbestos Contaminated Material is declared as “hazardous waste” (HW) and shall be documented in the proper document format to Spangdahlem Air Base (as given to SAB from the Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH as state related HW management oversight authority) to be used for disposal certificates that will be proofed by the Sonderabfall Management (SAM).

The executing company must be registered according German: TRGS 514, 515, 519 Asbest Abbruch, Sanierungs- oder Instandhaltungsarbeiten.

(2) Regulations pertaining to the Prevention of Water Pollution

(Gewaesserschutzbestimmungen).

- Wasserhaushaltsgesetz (WHG)

- Gesetz ueber Abgabe von Abwasser in Gewaesser (AbwAG)

- Bundes-Immissionsschutzgesetz (BimSchG)

- Bundesbodenschutzgesetz (BbodSchG)

- Landeswassergesetz (LWG)

Above regulations and laws can be accessed at:

http://www.stuttgart.army.mil/Agencies/DPW/emd/Content.htm

The use of materials identified by Governmental agencies as being hazardous or creating potentially hazardous conditions will not be allowed on any project Specifically, products containing lead, asbestos, polychlorinated biphenyl (PCB), and ozone-depleting chemicals are prohibited. The contractor shall assume a strict and cautious position when dealing with questionable materials.

b. Instructions for Spills of Contaminated Material The contractor will contact the Base Fire Dispatch office at Extension 117 immediately following any Hazardous material spill. Upon any discovery of contaminated material, the contractor must also contact the 52 CES Environmental Flight, Extension 452-7257, immediately following the discovery then contact the assigned contract Government Inspector.

All work will be halted until either the hazardous material or contaminated materials are properly contained and disposed of. Base Foreign Object Damage (FOD) rules shall apply to all contractor personnel and equipment. (FOD Rules: The contractor shall repair to original condition at his cost any damage to US Government property caused by him or his employees.

Damage to any utility line shall be repaired within twelve (12) hours. Repairs of communication cables shall be performed by the German Telekom, Fernmeldebezirk Bitburg at the cost of the contractor.

1.3 Materials

All items identified in the specification by a brand name shall be considered as trade standards only and are in no way intended to limit the choice to only those brands. Materials will be evaluated pursuant to the materials and workmanship clause and by using AF Form 3000 – Material Approval Submittal, which shall be forwarded by the contractor to the Contracting Officer, at the time of the Pre Construction Conference, or otherwise directed by the Contracting Officer.

1.3.1 A “Produktnachweis” (Product proof) for specific items in each Task Order issued shall be submitted by the contractor to the contracting officer upon request;

not later than three (3) working days after issuance of a Task Order.

http://www.stuttgart.army.mil/Agencies/DPW/emd/Content.htm

2.0 Specification and Description of Work.

a. Sub-flooring: The contractor shall inspect the sub-flooring before inspection of any floor-covering takes place and correct any deficiencies in the floor that will prevent proper laying of floor covering.

(1) Any detected deficiencies shall be reported to the Government inspector immediately prior to any work being accomplished.

(2) The contractor shall remove baseboards and moldings prior to installation of floor covering. Upon completion, new baseboards shall be installed, unless otherwise directed by the government inspector of Maintenance Engineering.

(3) The contractor shall move and shall return to its original location all existing furniture and other items as required (except computers and equipment thereto).

(4) The contractor shall be liable for any damages to Government Furnished Property caused by the contractor.

b. Roll Carpeting – Contractor-Furnished The contractor shall install roll carpeting using the glue-down method. The glue product shall be of a type that causes the least amount of damage to the existing flooring of carpeting. Rolled carpet shall be laid with pile inclination in one direction. Carpet shall be fitted neatly into breaks and recesses, against bases, around pipes and penetrations, under saddles and thresholds, and around permanent cabinets and equipment. Carpet seams shall be bonded neatly and completely. Pattern match shall be maintained at all times. When loop pile carpet is installed, the seam edges shall be seamed with a latex sealer designed for this purpose.

c. Carpet Tiles – Material Government-Furnished The contractor shall install carpet tiles using an adhesive that is releasable (i.e.Locklift) or a similar product, unless otherwise directed by the Government inspector. Carpet tiles shall be laid so that the nap is going in the same direction. The tiles shall be laid tightly together to ensure slipping and separation does not occur. Tiles shall be laid so that any tiles requiring cutting, the cut side is against the wall. Government Furnished carpet tiles will be stocked in an Installation on base (either bldg. 766 or 112) and needs to be picked up by the contractor and delivered to the job site. The Contractor will coordinate through the Government inspector at least 24hrs prior to installation for Material pickup.

d. Rubber Tiles/Linoleum – Contractor-Furnished All tiles (rubber/vinyl), and linoleum shall be installed in accordance with current construction standards. All linoleum shall have a protective sealant ( Selbstglanz-Hartversiegelung ) applied, unless otherwise specified by the Government inspector. New baseboards shall be installed, the type of baseboard (e.g.rubber, wood, etc.) used shall be designated by the Government inspector. New thresholds shall be installed where flooring meets another surface.

The type used shall be approved by the Government inspector of Maintenance Engineering.

e. Parquet – Contractor- Furnished Parquet shall be installed and glued down with parquet adhesive according to DIN 281. The contractor shall use Block parquet 22 mm thick, oak, irregular formation. For each project, the contractor shall provide a selection of not less than three (3) different pattern to the Government inspector, who shall inform the contractor in writing of which type of parquet floor pattern shall be used for a project.

f. Carpet Shampooing – Contractor Furnished Carpet Shampooing shall be performed in accordance with commercial procedures and cleaning results shall meet “Commercial Cleanliness Standards”. All cleaning products with the pertinent Material Safety Data Sheet/s (in German and English) shall be forwarded to the Contracting Officer for approval, ten (10) calendar days before the contract start date.

g. Specific Requirements – Contractor- Furnished

New PVC baseboards with coordinating carpet and edge cap attached shall be installed after laying carpet, unless otherwise designated by the Government inspector. The contractor shall remove, undercut (as needed) and reinstall all doors in the area to be carpeted to allow for free door movement. The undercutting shall be straight and neat. In addition, when wooden doors are cut, the door bottom shall be sealed with a suitable wood sealer. Brass thresholds shall be installed in all doorways/openings or when the carpet meets another type of flooring.

3.0 Hazmat

The contractor shall identify all potential hazardous materials/ products within thirty (30) calendar days after contract via a provided spreadsheet all hazardous material/products that will be brought onto the installation. The contractor shall update this spreadsheet once each year in September or if there is a significant increase or decrease (+/- two (2) percent) or a new materiel is brought onto the installation. General categories for tracking hazardous materials/products are composed of gas, adhesives, sealants, paints, lubricants, oils, fuels, welding materials and cleaning solvents. A list citing all Material Safety Data Sheet/s in German and English and a single MSDS shall be forwarded to the Contracting Officer at the time of the pre-performance conference as well. Any change of materials must be announced to the Contracting Officer immediately and be approved before used. General categories for tracking hazardous materials/products are composed of adhesives, sealants, welding materials, and cleaning solvents.

3.1 Asbestos Removal

The contractor shall be responsible for collecting and disposing of all asbestos materials generated on the work site. Items, which are declared as asbestos waste, shall be disposed of in accordance with German Environmental Laws and Regulations. A copy of the proper disposal documents shall be submitted to the Government Inspector within ten (10) calendar days.

4.0 Trash/Waste Removal Including Hazardous Waste.

4.1 The contractor shall be responsible for collecting and disposing of all waste generated on the work site. In the event, items, which are declared hazardous waste, shall be disposed of in accordance with German Environmental Laws and Regulations.

A “Disposal Certificate/Manifest” (Entsorgungsschein) shall be forwarded to the Government Inspector, not later than ten (10) calendar days after disposal.

4.1.1 Illegal disposal of construction waste is not permitted and will be punished by severe fines. It is not permitted to dispose of construction waste on sites outside installations specially assigned for that purpose.

4.1.2 Self-utilization of construction waste requires the authorization by the responsible county administration.

5.0 Work Site

5.1 The work site can be located in a Military Family Housing area and/or located in a regular military area, i.e., in a restricted area. The work shall interfere as little as possible with military operations. Entry into restricted areas shall be coordinated with the Government Inspector. The Security Regulation(s) for entering restricted areas shall be adhered to by the contractor and his employees at all times.

5.2 Construction Site Maintenance

The contractor shall maintain all construction sites in a neat and orderly manner to include daily clean up. All supplies and equipment on the project sites shall be stored to minimize mechanical and weather damage. All grass, weeds, and other vegetation shall be trimmed and cleared as necessary to prevent fire and safety hazards. Grass length shall not exceed a height of five (5) centimeters or as directed by the CO if applicable. All trash, debris, paper etc. shall be disposed of immediately and placed in proper containers. If requested by 52 CES, a sign with the project title, contractor’s name and point of contact (POC) shall be installed. All construction areas shall be restored to the original condition after removal of the construction site equipment.

6.0 Personnel Requirements

All personnel working on the work/construction site or transporting construction material and equipment to or from the construction site require base entry passes. The contractor shall submit at the latest ten (10) days prior to construction start a list of these persons in order to obtain base entry passes. This list must include:

Name, first name, date of birth, place of birth, number of the identification card or passport, as well as a German Police Certificate of Conduct (not older than one (1) month).

The following documents are required for Base entry pass:

- USAFE Form 79 – Request for Base Entry Identification

- USAFE Form IMT-19 – Residency Check for Employment within USAFE

- Annex 2 – Simple Security Check

- AF Form 2583 – Request for Personnel Security Action

6.1. The contractor shall at all times provide supervision of his employees to ensure complete and satisfactory performance of all work.

6.2 Contract Manager (CM)

The contractor shall provide a CM and at least one alternate for the Flooring IDIQ. The CM and alternate shall have full authority to act on behalf of the contractor in all contractual matters. The CM or alternate shall be available during standard work hours and reachable (either electronically or telephonically) within one (1) hour of notification. The CM and alternate shall be able to read, speak and write English at the following levels:

Reading Ability Level 3: Able to read routine correspondence, reports, and technical material in his/her special field. Can grasp the essentials of articles of the above types without using a dictionary. For accurate understanding, frequent use of a dictionary is required. Has occasional difficulty with unusually complex sentence structures.

Speaking Ability Level 3: Able to speak the language with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on practical and professional topics. Can discuss particular interests and special fields of competence with reasonable ease and comprehension. Vocabulary is broad enough that he/she rarely has to grope for a word. The accent may be obviously foreign but control of grammar is good. Errors never interfere with understanding and rarely disturb the native speaker.

Writing Ability Level 3: Can draft official correspondence and reports in a special field.

Control of structure, spelling, and vocabulary is adequate to convey the message accurately, but style may be quite foreign. All formal writing needs to be edited by an educated native.

The contractor, including the CM and alternate, shall have e-mail capability via Internet or other means for effective electronic communications among the CO, and 52 CES.

All contractor site inspectors, the CM and designated alternate shall be accessible via mobile telephone.

7.0 Vehicle Requirements

Together with the list of his work force, the contractor shall also submit a list of private and company vehicles and trucks, which will enter the military area in connection with the performance of the contract. This list must include: manufacturer, type and/or model, year of build, license plate number and shall be submitted to the Contracting Officer not later than ten

(10) calendar days. Registered Vehicle Expiration, AF Form 2219, has to be submitted.

7.1 Security Requirements

The regulations of the Security Police for entry to restricted areas must be strictly be adhered to by all employees. They may traffic only in the immediate construction area and on access and exit ways. In case of noncompliance with the regulations the employees concerned may be expelled from the military area by the security officer. Instructions by the military police shall immediately be complied with. The contractor is responsible for all his employees.

8.0 Ordering Procedures

8.1 The following shall be executed by the using agency before a Task Order shall be issued:

The responsible Government Engineer/Inspector shall prepare a Statement of Work, an Independent Cost Estimate with the individual line items (as cited in the Flooring IDIQ Database) of the work to be performed under a given Task Order.

The CO will issue a Task Order Request For Proposal (TORFP).

A site visit will be conducted where a joint measurement will be performed by the Government Engineer and the Contractor which is the preferred method. In some instances the Government Engineer may not be available for a joint measurement. The period of performance will be discussed by all and may be changed via an amendment to the TORFP.

8.1.1 After the proposal is received and approved by 52 CE a task order will be issued by the

Contracting Officer. Each order will include the following information:

a. Date of the order.

b. Contract number and call number.

c. Scope of work, unit price/s according to the pricing schedule, total price.

d. Delivery and performance data: Start -and completion date.

e. Accounting and Appropriation Data.

f. Any other pertinent data.

8.1.2 Non-prepriced items (NPI’s) are items of work not covered in the unit price schedule or High Quality Items Listing and within the scope and general intent of the contract. NPI’s may be incorporated into task orders; however, the need to negotiate NPI’s reduces the efficiency of the contract and may undermine the cost savings of prepriced items. Therefore, the value of NPI’s for an individual task order shall not exceed 10% of the total value of the task order unless this limitation is waived by the Contracting Officer. NPI’s may not exceed 25% regardless of approval.

8.1.3 NPI’s shall be incorporated into and made part of the task order and shall be performed at the unit price. The contractor shall submit three (3) verifiable quotes from sources approved by the contracting officer for each proposed NPI item.

8.1.4 If NPI’s will be recurring during the life of the contract, they may be at the discretion of the contracting officer and by supplement agreement to the Pricing Schedule.

8.1.5 A Notice to Proceed will be issued after the order is placed in coordination with 52 CES, end user, and the contractor. A pre-construction site visit may be waived by the CO based on the complexity of the task order but must be documented in the contract file.

8.2 Requirement Cancellation

If, after following the evaluation procedures outlined in the TORFP, no proposal is acceptable or the Government loses the funding for the project; or if the project is no longer required prior to proposal acceptance, the Government reserves the right to cancel the requirement without any reimbursement to the contractors. The Government will notify all contractors of the cancellation.

8.3 Proposal Preparation Fees

The costs for preparation of TO proposals (including any design costs), if required under this contract, will not be provided or reimbursed.

9.0 Subcontracting

Should the contractor intend to use a subcontractor, prior notice to the Contracting Officer and Maintenance Engineering is required; each subcontractor must be approved in writing by the Contracting Officer. Aforementioned notice has to state the contractor’s name, the name/s of his workforce, and the type of work to be done. It is the prime contractor’s responsibility that the subcontractor complies with all rules, policies, and regulations cited in this statement of work.

10.0 Government Inspection

Upon completion of an individual phase of work, the contractor shall request an inspection with the responsible Government Inspector. When the contractor considers the project is complete and ready for inspection, The contractor shall inform the Government Inspector and Contracting Officer five (5) workdays in advance of the final inspection. The Contracting Officer and/or designated representative will inspect the work on site. In the event the work is not acceptable, the contractor shall record a list of items noted by the Government to be corrected. A subsequent inspection shall take place in order to review the corrected items.

11.0 Government Approval of Work

The Government will notify the contractor that work for a specific delivery order or call is or is not acceptable. Invoices for a specific job project shall not be permitted until the Government has accepted the work.

The contractor shall clean up the work site prior to Government acceptance.

12.0 Special Site Conditions

12.1 The contractor shall ensure that his employees use only those roads and areas which are authorized/assigned to him to perform the work and for the transportation of materials.

12.2 Water and electricity may be available to the contractor at no cost provided conservation of utilities is practiced at all times. All required connections are the contractor’s responsibility and shall be coordinated with the Government Inspector.

The U.S. Government cannot be held liable for power outages.

12.3 The contractor personnel must use public facilities or provide toilet trailers and maintain them during the entire usage period. All required connections shall be made by the contractor and removed later. All waste materials and debris shall be removed from the job site, hauled away from the Air Base, and disposed of in accordance with German directives and laws.

12.4 Storage of materials on base is permitted at the contractor’s risk. The storage and its security must be provided by the contractor. Storage areas must be approved by the Government Inspector, Maintenance Engineering. All work which requires power outages shall be requested through Maintenance Engineering in writing at least 72 hours in advance.

The work to be performed shall be prepared in such a way with regard to materials, tools, and mounting personnel that the outage periods are kept to a minimum.

12. 5 The contractor shall provide and maintain when required any crane, scaffold, lifting devices etc. The cost for any supporting devices shall be included in the unit prices (building height up to 7.20m).

13.0 Work Hours

Work is performed during the normal work hours between 0700 and 1700 hrs Monday through Friday except American/German holidays unless authorized by the Contracting Officer in writing. Break times shall be coordinated with the escorts because work in restricted areas is possible only under the supervision of escorts. Overtime work, work at night, Saturday, Sunday, US holidays, or German holidays requires approval which must be obtained at least 48 hours in advance from the Contracting Officer.

13.1 US Holidays:

- 1st of January

- 3rd Monday in January

- 2d Monday in February

- Last Monday in May

- 4th of July

- 1st Monday in September

- 2d Monday in October

- 11 November

- 4th Thursday in November

- 25 December

If an American holiday falls on a Saturday then the previous Friday will be considered as the holiday or if on a Sunday, then the following Monday will be considered as the holiday.

13.2 German Holidays:

- New Year’s Day

- Good Friday

- Easter Monday

- Labor Day

- Ascension Day

- Whit Monday

- Corpus Christi Day

- Day of Unity

- All Saints Day

- Christmas days (25 and 26 December)

14.0 Work Stoppages

Work stoppages may occur during the performance of work due to military exercises. These exercises can be expected to occur every 90 days. Each exercise lasts from 3 to 5 days. Upon direction from the Contracting Officer the contractor will cease vehicular traffic to and from the job site and all work will be temporarily stopped. If possible, the Contracting Officer will give the contractor seventy-two (72) hours notice of all military exercises.

15.0 Damages to U.S. Property

The contractor shall repair to original condition at his cost any damages to US Government property caused by him or his employees. Damages to any utility lines must be repaired within twelve (12) hours. Repairs of communication cables will be performed by the German Telecom at a cost to be reimbursed by the contractor.

16.0 Material And Workmanship

All work described in the specifications shall in principle be offered including delivery and installation ready for operation. Therefore, expressions which are self-understood like to deliver, mount, wire and connect ready for operation were omitted as far as possible. The items cited by a brand name in the specifications shall be regarded as guidelines. If not specified otherwise, the materials are evaluated according to the “Material and Workmanship Clause”. All material will be new unless specified by the Contracting Officer or specific to each task order, the Statement of Need states specifically which furnishings may be reused.

17.0 Government Liability

The Government shall not be liable for any loss or damage to the contractor’s property, including stock, or for expenses incidental to such loss or damage. The contractor shall file a report with the Base Security Police immediately as is practicable to report loss.

18.0 Liquidated Damages

52 CES may request payment of liquidated damages if the contractor fails to complete the work within the time specified in the TO without an excusable delay. The amount to be paid will be determined by the CO and Civil Engineering for each TO if applicable.