Solicitation - FA570322R0001.pdf

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers 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, is not required.

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

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

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

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

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

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

Created On: 23 Jun 2022, 05:05 AM Central Standard Time

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

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

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

CEI Community Sunshade

Purchase Requisition Number: A022154 Date: 11 May 2022 Proposal Identifier: FA570322R0001 Date: 23 Jun 2022

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

The contractor shall provide all work necessary to erect/construct a pre-engineered sunshade near building 698 at Ali Al Salem Air Base, Kuwait. All work shall be accomplished in accordance with the Statement of Work, dated 6 April 2022 (Attachment 1).

Product Service Code: Y1GD Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price

1 Lot

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. Apr 2020

Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEF-BASIC (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: ____(Offeror insert) RATE (PERCENTAGE): ____(Offeror insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Section C - Description/Specifications/Statement of Work

Requirements The scope of this project includes design and construction of a sunshade for the community center at Ali Al Salem Air Base, Kuwait. Construct a pre-engineered sunshade near building 698. The sunshade shall be approximately 20 meters wide and 20 meters long. The PEB will have electrical lights, electrical outlets, an industrial misting system, and at minimum ~80% of the roof shall be covered with solar panels. Lighting, electrical outlets, and industrial misting system shall be connected to and receive power from the solar panels.

Along with the PEB sunshade approximately 365 square-meters of concrete shall be placed to create a pad under and to the east of the sunshade. The work shall include the preparation of 100% design and plan drawings, all site preparations including utility conflicts investigation, geotechnical investigation, excavation, compaction, materials testing, foundations, and structure to complete the 400 square-meter PEB sunshade and 365 square meters of concrete work at Ali Al Salem Air Base, Kuwait. This project shall meet the requirement stated in this Statement of Work (SOW), in accordance with the Unified Facilities Criteria (UFC), and the specifications.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Sunshade and supporting elements will be inspected by both 386 ECES/CEN and 386 ECONS - Contracting Officer.

Both parties must inspect and accept in writing.

DoDAAC: FA5703 CountryCode: USA

FA5703 386 ECONS LGC

UNIT 1 BOX 1

APO AE 09855

APO

AE 09855

UNITED STATES

Section F - Deliveries or Performance

Period of Performance for this contract is 180 calendar days, total.

NTP 1: 90 Calendar Days NTP 2: 90 Calendar Days

Overall Contract Delivery Period

From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule QTY Address and POC

Delivery Schedule From date of lead time event to completion of performance 180 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: FA5703 CountryCode: USA

FA5703 386 ECONS LGC

UNIT 1 BOX 1

APO AE 09855

APO

AE 09855

UNITED STATES

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Construction

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Construction - Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5703 Admin DoDAAC FA5703 Inspect By DoDAAC FA5703 Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) FA5703 Service Acceptor (DoDAAC) FA5703 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

SSgt Austin Carter austin.carter@asab.afcent.af.mil

Or

Contracting Officer assigned at the time of submission.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

HOURS OF WORK AND HOLIDAY PERFORMANCE:

Normal work hours at Ali al Salem Air Base are from 7:00 am to 5:00 pm, Monday through Sunday, excluding holidays. Access to work sites may be restricted to these hours and days unless otherwise determined by the Contracting Officer. Work that requires inspection during accomplishment or that prevents inspection of previous work after accomplishment normally will not be allowed during other than normal work hours specified above. Work performed after standard hours or on holidays shall be coordinated by the contractor and negotiated with the Contracting Officer at the contract level. Some work areas may not be accessible after normal work hours or during holidays.

List of U.S. Holidays:

Independence Day: 4th of July Thanksgiving Day: 4th Thursday in November Christmas Day: 25th of December NOTE: The Commander, 386 AEW, will determine the actual day of observance. This does not entitle the contractor to these as non-work days.

List of Kuwaiti Holidays:

Ramadan: 23 Apr - 23 May (approximately) Eid Al Fitr: 23 May - 24 May (approximately) Independence Day: 25 February (approximately) Liberation Day: 26 February (approximately)

H-1 COORDINATION OF WORK WITH OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer (CO). The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H-2 GOVERNING LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

H-3 ESCORTS

Upon entry through the US Air Force Main Gate, contractor personnel are required to be in the presence of a military escort at all times. The contractor shall comply with escort directions. The U.S. Air Force shall provide escorts, provided the contractor makes the proper coordination discussed below. Initial contractor personnel /escort requirements shall be discussed at the Pre-construction Conference. The contractor shall notify the designated Project Inspector (or Construction Manager (CM)) 72 hours in advance of any new/revised personnel /escort requirements. The contractor shall notify the designated Project Inspector/CM 24 hours in advance of any change in time that the escorts shall meet the contractor and/or when the number of contract workers increases or decreases. The contractor will not be able to start work until escort arrangements are made. The U.

S. Air Force shall not be liable for delays caused by the contractors' failure to follow the above notification requirements.

H-4 SECURITY

Search:

(a) Upon entry through the Ali Al Salem Main Gate, contractor personnel and vehicles shall process through the search area.

(b) Materials including but not limited to concrete, asphalt, asphalt emulsions, and water require search and surveillance by U.S. Air Force personnel from the point of origin to the search area inside the Ali Al Salem Gate. The contractor shall notify the designated Project Inspector/CM TWO (2) days in advance of the scheduled delivery. The contractor shall immediately notify the Project Inspector/CM of changes. Changes shall require an additional TWO (2) days advance notice for Government personnel coordination. The U.S. Air Force shall not be liable for delays resulting from the contractor's failure to follow the above notification requirements or supplier/contractor delivery changes.

(c) All vehicle and trailer compartments shall allow for a complete visual inspection. All tanks and all baffled sections shall have a minimum 3 ft / .91meter diameter visual inspection port. Equipment not meeting the above requirements shall not be allowed entry onto ASAB. The U.S. Air Force shall not be liable for delays caused by equipment not meeting the above requirements.

(d) TELEPHONE USE PROHIBITION: Contractor personnel working on Ali Al Salem Air Base are prohibited from using telephone instruments, (to include but not limited to, cell, mobile, land line and satellite phones, fax machines, and pagers) without expressed written-approval from the CO and 386 ECES Commander.

(e) The below list of items have been identified as contraband and may not be carried onto the installation by non-DoD contractors and/or TCNs without written authorization from the CO or Requesting Agency's Commander and approved by the 386 ESFS Commander. The Contractor is required to inform all employees of these restrictions. Those found attempting to bring contraband on base (Contractor or any of their employees) may result in the individual or company being barred from base. Any delay of work resulting from debarment will be at the Contractor's expense.

Ammunition Beepers/Pagers Bottled Fuel Cameras, Recording Devices (Both Audio and Video) Cellular Telephones Electronic Storage Devices (Memory Cards, Hard/Thumb Drives, Sim Cards) Explosives Illegal Drugs (i.e. not prescription) Laptop Computers Mobile Radios Tools (Not required for contracted duties) US Military Uniforms Weapons (i.e. knives with a blade exceeding 3 inches in length) Writing Materials (i.e. Pens/Pencils/Paper) *List is subject to change as required by the 386 AEW and United States Air Force

Personnel List:

The contractor shall provide the CM with a list of company personnel employed to execute the contract. The list shall contain the name, nationality, civil ID number, and the expiration date of the employee's military badge. Additionally, the Contractor shall provide the CM with a list of vehicles that require access to the construction site on ASAB. This list shall contain the make, model, year, color, and license plate number of each vehicle, as well as all pertinent owner/operator information such as the owner and operator's name, driver license number, and vehicle registration information. These items will be used to expedite the entry process. All forms shall be provided by the CM prior to notice to proceed.

Procedures to Obtain Badging:

In order to obtain entry to ASAB, Contractors shall contact the Badging Office at 318-442-6264 for forms, procedures and instructions. Contractor and all associated Sub-Contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters, Department of the Army (HQDA), Area Support Group-Kuwait (ASG-KU), and local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at individual facility or installation change, the Government may require changes in Contractor security matters or processes. Minimum escort requirements shall meet Area Support Group Force Protection standards. Contractor personnel and property shall be subject to search and seizure upon entering ASAB, while on the installation, and upon leaving the confines of ASAB. For entry to the base, the driver shall possess a valid driver's license and proof of insurance.

Access Delays:

The Government shall not be held liable for contractor's delays in obtaining base access badges through the ASAB Welcome Center.

Escorts:

The contractor shall be escorted by Government personnel at all times while on ASAB. If work is to be accomplished in geographically separated areas, each party shall have its own Government escort to accompany them to the specific areas. The contractor shall designate supervisor personnel and complete the required paperwork and background checks at the Welcome Center at ASAB. The contractor shall provide to the CM with the number of employees expected to be on the job site and the expected hours of operation no later than four days prior to the construction start date. The contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures provided by the Government representative.

Material Deliveries:

The contractor shall provide a minimum of four (4) days' notice before bringing material deliveries on the work site. The Contractor may be required to offload materials at a site approved by the Government for search purposes. Once the material has been cleared, the Contractor shall reload the material and proceed to the job site. Stockpiling of material will be allowed at a Government approved site. The Government reserves the right to refuse access of vehicles not having prior coordination.

Security Requirements:

Contractor employees shall be issued the proper access badges by the installation security forces. These items will be issued and controlled by the Government. The CM is responsible for managing, securing, and returning the Government all passes issued to Contractor's Employees. The Contractor is responsible for ensuring proper documentation is received for personnel, vehicle, equipment, material and tool passes in time to avoid any delay in project start of performance. This includes personnel attainment of Kuwaiti Ministry of Defense badges and proper advance notification to the CO for scheduling of escort support. Any additional time required for obtaining badges and passes as required for access to the base will not necessarily be grounds for additional time granted to complete the project, if passes are delayed due to the Contractor.

Force Protection Condition (FPCON):

The contractor shall comply with all instructions of the Government representative to protect the health and safety of employees/residents and minimize or eliminate potential damage and/or injuries during the implementation of Force Protection Condition (FPCON) directed by the ASAB Base Commander or Security Forces.

Pass Requirements:

(a) The contractor shall follow existing security procedures and instructions applicable to Ali Al Salem Air Base, Kuwait. Contractor personnel working on Ali al Salem Air Base shall possess a valid "Red Badge" for Ali Al Salem Air Base (American pass requirement requiring registration in DBIDS), and hold a current Kuwait Pass necessary to gain access to the front Gate. The U.S. shall not be liable for delays caused by inaccessibility through the Kuwaiti Gate.

(b) The contractor shall submit AFCENT Installation Access Application to the CO and CM within 5 calendar days after receipt of "Notice of Contract Award". The contractor is also required to complete AFCENT Installation Access Application for all employees entering ASAB. Once the application is complete all contractor employees must then register within the Defense Biometric Identification System (DBIDS) and receive a DBIDS "Red" badge.

(c) The contractor shall submit properly completed pass request applications (for DBIDS and Kuwaiti passes) to the CM within 7 calendar days after receipt of "Notice of Contract Award". The pass request applications require coordination with the Host Nation Liaison. The U.S. Air Force shall not be liable for delays resulting from Kuwaiti pass coordination/approval. Contractor shall be liable for completing all requirements within the specified time frames. Therefore, it is imperative for the pass applications be completed correctly. No extensions on work will be granted due to delays from Kuwaiti pass coordination/approval. Contracts with length greater than 30 days shall require a KMOD J2 pass for ALL workers to satisfy the Kuwaiti pass requirement. ALL WORKERS ARE REQUIRED TO HAVE PERMANENT J2 BADGES.

(d) The work site is located in a restricted or controlled area. The contractor may therefore experience delays due to compliance with entrance/exit requirements of restricted/controlled areas. The maximum amount of delay should not exceed four (4) hours per occurrence.

(e) The host Nation base will not grant access for individuals of the following nationalities: IRAN, IRAQ, SYRIA, LEBINON, & PAKISTAN.

H-5 CONSTRUCTION PERMIT

Prior to beginning of any excavation, which may be required under this contract, the contractor shall obtain a Base Civil Engineering Work Clearance Request, AF Form 103, from the Civil Engineering Construction Management Section. Seven (7) working days are required for Government processing of the construction permit. Forms can be requested free of charge, and will be provided in electronic format whenever possible.

H-6 UTILITIES

(a) For the purpose of this contract, where available, utilities, construction water, electricity, etc., will be furnished at no cost to the Contractor. The Contractor will be required to participate in all energy conservation programs.

(b) The contractor shall notify the designated Project Inspector/CM 24 hours in advance of construction water requirements. The contractor shall furnish all equipment, material, and labor necessary to obtain and deliver water to the work site(s). The U.S. Air Force shall not be liable for delays caused by the contractor's failure to follow the above notification requirements.

(c) The contractor shall be responsible for providing ample drinking water for their personnel, subcontractors, and any other non-Department of Defense personnel linked to the project in any way.

H-7 DAMAGE TO UTILITIES

In the event of a contractor caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact the Civil Engineer Project Inspector and CO. If the damaged utilities were previously known or shown to the contractor, or there is negligence on his part, the utilities will be repaired by the contractor in a timely manner at no cost to the government. If the damaged utilities were not previously known or shown to the contractor and there is not negligence on his part, they will be repaired at government expense.

H-8 MATERIAL APPROVAL SUBMITTAL FORM (AF FORM 3000)

Within 10 calendar days after receipt of Notice to Proceed or as otherwise established by the CO, all material and articles requiring approval, as contemplated by the Materials and Workmanship Clause, shall be submitted by the contractor using AF Form 3000. AF Form 3000 will be provided to awardee in the Pre- Construction Conference. Any submission that differs from the contract specifications shall be annotated clearly and completely documented on the AF Form 3000. See Technical Specification, Submittal Procedures and the Submittal Register for a listing identifying submittal requirements. Within seven (7) calendar days after issuance of Notice to Proceed (NTP), the contractor shall submit the Submittal Register to the CO with submission dates identified for each line item identified on the Submittal Register.

H-9 AS-BUILT DRAWINGS

The Contractor shall maintain one set of drawings at the work site and record all changes and hidden or subsurface data discovered during construction. All changes which transpire during the contract shall be included on this copy in ink, and shall be neat legible, reproducible, and consistent with the drawings' drafting standards. The As-Builts will be given to the CO prior to the final inspection.

H-10 ENGLISH SPEAKING SITE SUPERVISOR

Contractor shall have a Site Supervisor that can read, speak and write fluently in English or in absent of Site Supervisor shall have such an individual on site.

H-11 ENVIRONMENTAL IMPACT/COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND

LOCAL REQUIREMENTS

All waste materials generated by work under a contract performed on a Government installation shall be handled, transported, stored, disposed of, and treated by the contractor and any subcontractor in accordance with all applicable federal, state, and local laws, ordinances, regulations, executive orders, agency rules or order, court orders, or any other types of rules or rulings having the effect of the law. In performing work under this contract, the contractor shall comply with all other relevant federal, state and local statutes, ordinances, regulations, executive orders, agency rules or orders, court orders or any other rules or rulings having the effect of law. Contractor shall be liable for all cost incurred as a result of his failure to perform in accordance with the performance work statement; contract; and federal, state, and local environmental compliance regulations or any other types of rules or rulings having the effect of the law.

Hazardous Material:

In the even the contractor brings hazardous material on to ASAB, the contractor shall notify 386 ECES/CEIE of the approximate quantities of the material to be used on the project and shall supply a Material Safety Data Sheet (MSDS) of those materials in English prior to bringing them onto the installation.

Hazardous Material Spills:

The contractor shall immediately report to the CO to discuss issues or incidents which may indicate potential imminent risk to Government personnel or the environment. Following the notification, the Contractor shall be available to the CO for instructions regarding remediation of the release.

The contractor should be aware of the installation's Spill Response Plan policies related to working on ASAB and be prepared to respond to a release caused by the Contractor's personnel. To report a release or spill, contact the Government escort immediately.

Toxic Substances:

The contractor shall certify that materials do not contain toxic substances to include but not limited to mercury, lead, hexavalent chromium, toluene, chlorinated solvents, hydrolysable chlorine derivatives, ethylene based glycol ethers and their acetates, nor carcinogen.

Work Site Maintenance:

The contractor shall be responsible for maintaining the work site to prevent the spread of contamination, provide for the safety of all individuals in the vicinity of the work site areas and prevent the release of contaminants into the environment. Tanks or drum containers used by the Contractor on ASAB to store hazardous materials including petroleum products shall be stored within secondary containment structures capable of holding a volume of 110 percent of the largest quantity; container shall adhere to manufacturer storage instructions.

Transporting Materials:

The contractor shall be responsible for the covering of open bodied vehicles transporting material likely to create air pollution or become debris while on base. All mud, dirt, debris, foreign objects, trash, or spills (including Sub-Contractors and suppliers) on a street or parking lot, used as access to the work site or staging area shall be cleaned off the same day or as soon as practicable or requested by the CO.

H-12 WORKING IN AN EXPLOSIVE SAFETY CLEAR ZONE

(a) You may be working in an explosive safety clear zone. This means there are U.S. military personnel working with explosives closer than normally recommended from your location.

(b) In the event of a catastrophic explosion you may be exposed to the possibility of injury or death. Your risks are very slight, however, AFMAN 91-201 requires we inform you of the hazards associated with working near explosives.

(c) Use the following guidelines when working in explosive clear zones.

a. Stay clear of all explosive operations and explosives storage locations.

b. Smoking is allowed only in specially designated and posted "authorized smoking areas". Please ensure smoking is authorized before lighting up.

(1) Keep heat-producing devices at least 100 feet from all explosive locations.

(2) If you discover unexploded ordnance (UXO), immediately evacuate the area and alter the Government escort, COR/CM and CO. DO NOT USE CELL PHONES OR HAND HELD RADIOS UNTIL YOU ARE AT

LEAST 100 FEET (35 METERS) AWAY! DO NOT DISTURB SUSPICIOUS ITEMS! MARK THEM AS

BEST AS YOU CAN BEFORE EVACUATING! Most UXOs are metal and have a cylindrical or cigar shape.

H-13 GOVERNMENT SUPPLIED ITEMS

The contractor shall return all Government supplied items in the same condition they were received. The equipment being provided is incidental to the scope of the project and therefore should not be altered in anyway.

If negligible, the contractor will be held liable for any damages or alteration that may occur to any equipment.

H-14 SITE CLEANUP

Constriction Waste Management & Site Maintenance:

The contractor shall remove all waste materials generated by this contract requirement from the Government sites to an approved off-base dump site on a daily basis and in accordance with all local environmental standards or authority having jurisdiction. There will be NO dumping at any location on the installation.

The contractor is responsible for removal and disposal of contractor generated hazardous material produced, delivered, or stored at the emplacement site. In the event of contractor caused fuel or hazardous chemical spill, the contractor shall be responsible for the cleanup and restoration at their expense and shall comply with local environmental standards as applicable.

The contractor is responsible to maintain the designated work areas organized at all times to minimize safety incidents. All materials and equipment shall be stored in a safe place and properly organized.

H-15 SAFETY

The Contractor personnel shall work in a safe manner in accordance with Government standards. Contractor personnel shall conduct all work in a safe manner in accordance with Occupational Safety and Health standards.

While on a U.S. installation, the CM reserves the right to put a stop to any actions they deem unsafe in accordance with these same standards. Failure of the site supervisor to ensure Contractor personnel work safely and with the proper gear may require a stoppage of work and/or removal of the workers at no cost or delay charged to the Government. All Contractor personnel shall have appropriate clothing and Personal Protective Equipment (PPE) worn at all times. At a minimum, this includes wearing work pants and shirts, work boots and yellow or orange bright reflective safety vests. Loose fitting clothing and open toed shoes are not allowed on the work site. Additionally, some tasks require additional protection: i.e., safety glasses, hearing protection, masks, etc. that shall be required for certain tasks. Safety harnesses shall be required for workers performing work two meters or more above ground or floor level.

Secure Perimeter:

Provide a secure perimeter around the site and / or staging area for safety of the base populous and security for the materials and tools of the Contractor. Perimeter shall be made of fencing material strong enough to sustain high winds and contain trash that may be on site from the construction effort.

H-16 ACCIDENT PREVENTION

Traffic Control Devices:

The Contractor shall provide for traffic control during construction including: lowprofile barriers, signaling, safety lighting, construction signage, temporary lights, temporary pavement markings, and barricading the immediate work area as determined by the CO or BCE.

The Contractor shall provide traffic control outside the project perimeter during construction including:

construction signage, safety lighting, signaling, and barricading the immediate work area as determined by the CO or BCE. All vehicles operated by the Contactor shall obey all traffic signs and laws while operating on the compound.

Electrical:

Electrical extension cords may be used on a temporary basis to provide power to tools and equipment. Do not overload extension cords. Frayed or spliced extension cords are prohibited. Utilities will be provided to the Contractor by the Government, if readily accessible. Utilities not available or easily accessible at the project locations, shall then have to be included in the Contractors bid price.

Fire Prevention:

The prevention of fire is imperative during construction projects. The Contractor is responsible for enforcing fire safety in his work area. The Contractor shall have serviceable fire extinguishers readily available at all times. Extinguishers shall be supplied by the Contractor.

Smoking:

Smoking is prohibited inside buildings and within 15 meters (50 feet) of flammable and combustible liquids. Smoking is permitted only in Government designated areas.

Fire Procedures:

The contractor shall report all fires to the Government escort. Upon discovery of a fire, yell "FIRE, FIRE, FIRE," notify the Government escort and evacuate the area, and contact on-base Fire Department at phone number 318-442-6140.

H-17 EXISITING WORK

Use diligent care not to damage the facility or government assets in the project area and ASAB while in performance of this contract. Damage caused by the contractor negligence shall be repaired to pre-existing condition and no additional cost to the Government.

Remove or alter existing work in such a manner as to prevent injury or damage to portions of the existing work which remain.

Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the CO. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started.

H-18 HOURS OF OPERATIONS/RECOGNIZED HOLIDAYS

The Contractor is responsible for submitting a work schedule to the CO for approval. The Contractor shall, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for governmental reasons. Standard hours of operations shall be 0700-1700 each work day. Alternative work schedule requests shall be submitted to the CO, in writing, for approval no later than seven (7) Calendar days prior to alternative schedule start.

The Contractor shall provide services every day during the site preparation and structure commencement through completion as is required by the workforce. Exceptions will be made in accordance to the Kuwaiti Labor Laws pertaining to all national holidays.

Section I - Contract Clauses

Combating Trafficking in Persons (Nov 2021)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item --

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101;

(ii)Sold in substantial quantities in the commercial marketplace; and

(iii)Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2)Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an…