Atch_03,_Holloman_Specific_Language.pdf

HOLLOMAN SPECIFIC LANGUAGE

REQUIRED INSURANCE

Reference FAR clause 52.228-5 entitled “Insurance—Work on a Government Installation” the contractor shall, as its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workman’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

Workman’s Compensation Insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $100,000.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. The insurance shall be required on the comprehensive form of policy and shall provide bodily liability injury and property damage liability covering the operation of all automobiles used in connection with the performance of this contract. At least the minimum amount of

$200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

CONTRACT SECURITY

The contractor and, as applicable, subcontractor shall not employ persons for work on this contract if such employee is identified as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population, nor shall the contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant, are currently on probation or parole, or are on the state/national Sex Offender Register as identified by the National Crime Information Center

(NCIC). All contractor and subcontractor personnel must consent to NCIC criminal history background checks. The contractor and/or subcontractor personnel who do not consent to an NCIC check will be denied access to the installation. Information required to conduct an NCIC check includes: full name, driver’s license number, social security number, date of birth of the person entering the installation. The contractor shall provide this information using the 49 SFS/S5AV Holloman AFB Visit Access Request

(VAR), and shall provide a Background Check Consent Form for each individual requesting access to the installation. Completion of a successful NCIC check does not invalidate the requirement for an escort when contractor or subcontractor personnel are working within controlled or restricted areas. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

All non-U.S. citizens employed in the performance of this contract must have a current legal work permit

(green card). The contractor must provide to the Contracting Officer, a listing of all non-U.S. citizens employed under this contract at time of contract award or upon hiring. A new listing will be provided as changes occur. The primary contractor will be required to fill out a Holloman AFB Visit Access Request for all employees and subcontractor employees that are non-US citizens. This form will have to be approved at base and wing level, and will require additional time to be accomplished.

The contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this provision. Furthermore, nothing in this provision shall excuse the contractor from proceeding with the contract as required.

Access to Installation during Force Protection Conditions (FPCONs) -

Contractors will be assigned a mission essential designation by each squadron within the 704th Test

Group. Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

GREEN PROCUREMENT

a. The Green Procurement Program (GPP) is a mandatory federal acquisition program that focuses on the purchase and use of environmentally preferable products and services. Many different items are covered by the GPP. Recycled-content products are designated by the Environmental Protection Agency (EPA).

“Biobased” products made from renewable plant materials are designated by the Department of

Agriculture (USDA). Energy and water efficient products are designated by the Department of Energy

(DOE). GPP also requires us to avoid purchasing Ozone Depleting Substances (ODS) and EPA-designated Priority Chemicals. Environmentally preferable purchasing (EPP) is a voluntary program, and it encourages the purchase of goods and services that have decreased effects on human health and the environment (compared to the competing goods and serve the same purpose), but are not already required by one of the mandatory GPP elements.

b. The Environmental Protection Agency (EPA) promulgates this product information via the Federal

Register and the World Wide Web/Internet http://www.epa.gov/cpg/products/htm. Green Procurement is mandated, except when the contractor can show that the product with recycled content does not meet intended specifications, has excessive cost, or cannot be delivered in time to support the schedule of the contract. If the contractor is unable to locate a specified product meeting the GPP requirement, identify the issue to the Contracting Officer’s Representative for guidance. GPP is based on legal requirements and the Department of Defense facilities are subject to enforcement action if these requirements are ignored.

INTERPRETATION AND MODIFICATION

No oral statement of any person and no written statement of anyone other than the Contracting Officer shall modify or otherwise affect the terms or meaning of this contract and applicable task orders. The

Contracting Officer may designate such individual(s) in writing to represent her/him in connection with such technical guidance, as she/he deems necessary; but is not authorized to change any terms of this contract, price, period of performance, or delivery. The contractor shall make all requests for interpretations, modifications, or changes in writing to the Contracting Officer. The Government shall not be liable for any cost incurred by the contractor, which are not in conformance with this statement.

LIMITS OF AUTHORITY:

CONTRACTING OFFICER: Only the Contracting Officer is authorized to make changes to the terms and conditions of the contract.

INSPECTOR: The Contracting Officer’s Representative or on-site 846th Test Squadron representative is authorized to inspect and accept work performed under this contract.

ON-BASE PERFORMANCE

a. Work on this project shall be accomplished during normal hours, which are 7:00 AM to 4:00 PM, Monday through Friday, except legal holidays. Any work desired to be accomplished during other than the normal hours will require prior approval of the Contracting Officer or designated representative; the contractor shall provide the request in writing.

b. Contractors operating on base will be responsible for briefing and ensuring employees adhere to traffic rules and regulations. The foreman, job supervisor and other personnel providing workman leadership will, when possible, ensure the workers comply with these rules and regulations. Speed limit on base is 30

MPH unless otherwise posted. The speed limit in base housing areas is 15 MPH and the speed limits in parking lots are 5 MPH. Individuals are to obey all entry procedures. All instructions given by Security

Police personnel on the entry points (gates) will be complied with immediately.

c. Due to the nature of track testing support required, the contractor may be required to perform fabrication operations outside normal duty hours on odd and extended hour shifts (max of 16 hours per day) and during weekends (as required) to meet testing requirements

HAZARDOUS MATERIAL

a. The contractor shall identify and report hazardous materials, as defined by FED-STD-313D, used during the performance of this contract. This list shall include the following:

- Product name of material

- Manufacturer of material if not specified on MSDS

- Job for which the material is/was used

- Amount of material used in weight or volume

b. The contractor shall provide a MSDS for each material listed. The contractor shall submit this report to the Contracting Officer before beginning performance under this contract. This initial report will provide usage estimates for each hazardous material. Thereafter, contractor shall submit reports quarterly that contain actual usage information. The Contracting Officer will forward these reports to the Holloman

AFB HazMart for hazardous material inventory tracking purposes. HazMart in consultation with 49 CES may determine after review of the initial report that follow-on reports are not necessary.

c. Any material found on Holloman AFB that has not been approved shall be removed until such time as it is properly approved.

NEW MEXICO GROSS RECEIPTS TAX (NMGRT)

a. The State of New Mexico assesses a Gross Receipts Tax for firms conducting business operation within the State without regard to the location of entity. You are advised that services and all construction materials and the associated services are taxable to governmental entities for gross receipts purposes. Any proposals/bids received will be presumed to include this cost of business and any request for adjustment or proposed/bid prices as a mistake in proposal/bid either before or after award of a contract will not be considered.

b. The tax rate applicable to a particular contractor (for work completed on Holloman Air Force Base) is based on the type of work performed and place of business (Out-of-State companies versus NM companies). New Mexico Taxation and Revenue Department publication FYI-200, Your business

Location and the Appropriate Tax Rate, explains the methods of determining the business location and the applicable tax rate, and is available on the internet at http://www.tax.newmexico.gov. Search for Gross

Receipts... and select "Taxation and Revenue, Gross Receipts Taxes" when it's displayed or click the link for All Taxes and follow the Gross Receipts Tax links.

c. Appropriate tax and registration forms are available at the web site above.

d. Offerors/bidders are expected to be knowledgeable of the Gross Receipts and Compensating Tax Act for the State of New Mexico. Further information may be obtained from:

State of New Mexico

Taxation and Revenue Department

2540 El Paseo Bldg #2

PO Box 607

Las Cruces, NM 88004

Phone # (575) 528-6152

HOLLOMAN AFB CELL PHONE USE POLICY

Contractor personnel shall adhere to the base cell phone policy. Operators of vehicles on a Department of

Defense (DoD) installation, such as Holloman AFB, NM, will not use cell phones unless the vehicle is safely parked or unless they are using a hands-free device. The wearing of any other portable headphones, earphones, or other listening devices (except for hands-free cellular phones) while operating a motor vehicle is prohibited. Any penalties or fines associated with violation of this policy will be the responsibility of the contractor.

TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with DoD organizations are subject to communications security (COMSEC) review.

The contractor will make its personnel aware telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD authorizes the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, you shall advise your personnel any time they place a call to, or receive a call from a USAF organization they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DoD information.

ENVIRONMENTAL IMPACT

The contractor and its subcontractors shall handle, transport, store, and dispose of all waste materials generated by any work under the contract performed on a government installation in accordance with all applicable federal, state, or local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law, including, but not limited to Executive Order 12088, 13 October 1978;

the Federal Water Pollution Control Act, as amended (33 USC Sec 1251 ET SEQ); the Clean Air Act as amended (42 USC Sec 1857 ET SEQ); the Endangered Species Act, as amended (16 USC Sec 1531, ET

SEQ); the Toxic Substances Control Act, as amended (15 USC Sec 2601, ET SEQ); the National Historic

Preservation Act, as amended (16 USC Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42

USC 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 USC Sec

469, ET SEQ).

AREA OF POUR AND DELIVERY

Work under this contract will be performed within the boundaries of Holloman AFB, NM, which is located on Highway 70, 6 miles from Alamogordo, NM and federal real property within a 100-mile radius of Holloman AFB post office.