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ATT 04 MACC SPECIFICATION

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eProject # 1312852 i

TABLE OF CONTENTS

Part II - General Requirements

SECTION 01 11 00 GENERAL PARAGRAPHS

SECTION 01 11 10 ADDITIONAL GENERAL PARAGRAPHS

SECTION 01 14 00 WORK RESTRICTIONS

SECTION 01 20 00.00 20 PRICE AND PAYMENT PROCEDURES

SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS

SECTION 01 31 19.13 POST AWARD MEETINGS (DB Task Order Only)

SECTION 01 31 19.23 DESIGN AND CONSTRUCTION PROGRESS DOCUMENTATION

SECTION 01 33 10 DESIGN SUBMITTAL PROCEDURES (DB Task Order Only)

SECTION 01 33 20 CONSTRUCTION SUBMITTAL PROCEDURES

SECTION 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

SECTION 01 45 00.00 10 DESIGN QUALITY CONTROL (DB Task Order Only)

SECTION 01 45 00.00 20 CONSTRUCTION QUALITY CONTROL

SECTION 01 57 19.00 20 TEMPORARY ENVIRONMENTAL CONTROLS

SECTION 01 58 00 PROJECT IDENTIFICATION

SECTION 01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

SECTION 01 78 00 CLOSEOUT SUBMITTALS

SECTION 01 78 23 OPERATION AND MAINTENANCE DATA

Part III – Project Program

Seed Project to be used as sample for Project Program will be designated by other document and will be attached as separate file, when solicitation package is issued.

Part IV - Performance Technical Specifications

Not Used.

Part V - Prescriptive Technical Specifications

Whenever abatement work for asbestos containing materials (ACM) or lead-based paint (LBP) is necessary, applicable Section 02 82 16 or 02 83 19.13 approved in conformity with scope of work to be described in Task Order will be provided after issuance of Task Order; however, unless otherwise indicated, necessity of ACM and/or LBP abatement work shall be decided by the Contractor through the results of data. Suspected ACM and/or LBP will be sampled by the Government for analysis in response to the request by the Contractor. Normally, it takes about 3 weeks for getting the results of SLBP after sampled and about one week for getting the results of SACM after sampled.

Part VI – Attachments

Not Attached.

Part II

NAVFAC SPECIFICATION NO.

CONSTRUCTION CONTRACT NO.

APPROPRIATION: Various eProject No:. 1312852

INDEFINITE DELIVERY/INDEFINITE QUANTITY MULTIPLE AWARD CONSTRUCTION CONTRACT

(CONTRACT FOR LARGE MAGNITUDE PROJECTS)

FOR

U.S. FLEET ACTIVITIES, SASEBO, JAPAN

AND

U. S. MARINE CORPS AIR STATION, IWAKUNI, JAPAN

Part II - General Requirements

01 11 00-1

SECTION 01 11 00

GENERAL PARAGRAPHS

PART 1 – GENERAL

1.1 GENERAL DESCRIPTION: The purpose of this acquisition is to obtain an Indefinite Delivery Indefinite Quantity (IDIQ) Contract using the Multiple Award Construction Contract (MACC) method for design-build (DB) and design-bid-build (DBB) construction projects at various locations at U.S. Naval Fleet Activities Sasebo, Japan (CFAS) and U.S. Marine Corps Air Station, Iwakuni, Japan (MCASI), per FAR Part 16.504(c). Projects include shore and waterfront facility and built-in equipment project work classified as repair, construction, maintenance, equipment installation, sustainment, restoration / modernization and demolition. Contract for Large Magnitude Projects is referred to as a "BIG MACC" based on the individual task order within ordering limitation in accordance with Contract Clause entitled "ORDER LIMITATION".

The scope of work includes architectural, mechanical, electrical and civil works for projects in support of shore-based and waterfront facility investment such as facility and built-in equipment repair, construction, maintenance, equipment installation, sustainment, restoration / modernization, new footprint and demolition.

Facilities projects include work classified as repair, construction, maintenance, equipment installation, sustainment, restoration / modernization and demolition. The Contractor shall furnish all labor, management, supervision, tools, materials, equipment, engineering, and transportation, except otherwise specified herein, necessary to perform various facility and build-in equipment type projects.

Potential projects examples include, but are not limited to building construction, renovations and repairs, the installation and / or repair of road pavement, fencing, fire suppression systems, HVAC systems, renewable energy source technologies, advanced metering systems; the removal and disposal of lead based paint and asbestos containing material; the installation, repair and optimizing of operations of shore-based equipment; the network integration of building automation and control equipment; and pier maintenance dredging work.

There are two types in IDIQ MACC consisting of Type A and Type B as follows;

Type A: Design/Build Contract, combining design and construction in a single contract. The Contractor shall perform Design and Construction in accordance with scope of work indicated by Task Order. The Contractor shall perform both the design and construction. In support of design-build strategies, each contractor shall possess in-house capabilities or employ the services of a Lead Design Firm (Architect-Engineer) experienced in the design development and coordination of projects within the scope of contract.

a. Design: Defining the construction requirement (including the functional relationships and technical systems to be used, such as architectural, environmental, structural, electrical, mechanical, and fire protection), producing the technical specifications and drawings. Basically, the use of a UFGS (CSI 49-Division format) for preparing specification is required. Reference shall be made to paragraph 1.8 in Section 01 33 10 "Design Submittal Procedures".

b. Build: Construction, alteration, or repair (including excavating and painting) of buildings, structures, or other real property.

Type B: Design-Bid-Build Contract, having 100% design Plans and Specifications. The Contractor shall perform the construction only. Drawings, specifications, and other data for and preliminary to the construction are prepared by the Government; contract is only for the construction of the project. Design has been completed by the Government and the Contractor is to perform the construction only.

01 11 00-2

1.2 LOCATION: The work shall be performed on shore-based and waterfront facilities and built-in equipment at the U.S. Government Installations of CFAS and MCASI, Japan. Specific facility location and numbers will be identified in the specification and drawings of each project for each task order requirement. The contract work shall be performed at various CFAS areas of responsibility including but not limited to the following primary installation areas:

a. CFAS, Japan, Main Base Area, Hario Housing Area, Main Base Housing Area, Fiddlers Green Housing Area, Sakibe Area, Navy Munitions Command Maebata area and Hario Ammo Storage Area, and the U.S. military installation areas of Akasaki, Iorizaki, and Yokose.

b. MCASI, Japan including all areas involving facilities and built-in equipment of MCASI responsibility in the Yamaguchi prefecture as noted in each specific task order.

1.3 WORKMANSHIP:

a. General: Unless otherwise indicated or specified, Contractor's work procedures and performance shall comply with latest version of the applicable specifications and standards listed below, and other requirements as specified herein. Some task orders may include U.S. construction standards such as Construction Specification Institute (CSI) format NAVFAC Guide Specifications.

(1) "Standard Specifications for Government Buildings Construction Work", "Standard Specifications for Government Buildings Repair Work" and "Standard Drawings", supervising by Government Buildings Department, Minister's Secretariat, Ministry of Land, Infrastructure and Transport (MLIT), Government of Japan:

(a) MLIT "Standard Specifications for Government Buildings Construction Work (Architectural Work)" and "Standard Specifications for Government Buildings Repair Work (Architectural Work)" and "Standard Drawings for Architectural Works"

(b) MLIT "Standard Specifications for Government Buildings Construction Work (Mechanical Facility Work)" and "Standard Specifications for Government Buildings Repair Work (Mechanical Facility Work)" and "Standard Drawings for Mechanical Works"

(c) MLIT "Standard Specifications for Government Buildings Construction Work (Electrical Facility Work)" and "Standard Drawings for Electrical Works"

(2) Equipment Procurement and Construction Office (EPCO) of the Ministry of Defense, Government of Japan:

(a) Common Specification, Civil Work

(3) Japanese Architectural Standard Specification (JASS)

(4) National Fire Protection Association (NFPA)

(5) The Ministry of International Trade and Industry (MITI) (Japanese Government) Ordinance No. 61 Technical Standard for Electrical Facilities (DENKI SETSUBI GIJUTSU KIJUN)

(6) Construction Guide Lines (CGL):

CGL E-001 Electrical Cabinet/Panelboards (600V Nominal, or Less)

(7) Japan Environmental Governing Standards (JEGS):

(8) OSHA Regulations

01 11 00-3

(9) EM-385-1-1 U.S. Army Corps of Engineers Safety and Health Requirements Manual

(10) Japanese Industrial Standards (JIS)

(11) Unified Facilities Criteria (UFC), Design Manuals (DM) and Military Handbooks (MIL-

HDBK)

(12) ASTM International (ASTM)

(13) Electronic Components Association (ECA)

(14) Institute of Electrical and Electronics Engineers (IEEE)

(15) National Electrical Manufactures Association (NEMA)

(16) Telecommunications Industry Association (TIA)

b. Existing Work:

(1) The disassembling, disconnecting, cutting, removal or altering in any way of existing work shall be carried on in such a manner as to prevent injury or damage to all portions of existing work, whether they are to remain in place, re-used in the new work, or salvaged and stored.

(2) All portions of existing work which have been cut, damaged or altered in any way during construction operations shall be repaired or replaced in kind in an approved manner to match existing or adjoining work. All work of this nature shall be performed by the Contractor at his expense and shall be as directed by the Contracting Officer. Existing work shall, at the completion of all operations, be left in a condition as good as existed before the new work started.

(3) Special Condition: The buildings may be in use by the Government during the contract period.

The Contractor shall make all necessary provisions to keep interference to a minimum as to the scheduling of work and storage of materials. Scheduling and performance of work shall be done in such a manner as to cause the least possible inconvenience to personnel using the buildings and the least possible interference with activities in and around the buildings. The Contractor shall provide adequate weather protection for the buildings at the end of each work day.

(4) Building and Site Storm Protection: When a warning of gale force winds is issued, take precautions to minimize danger to persons, and protect the work and nearby Government property. Precautions shall include, but are not limited to, closing openings; removing loose materials, tools and equipment from exposed locations; and removing or securing scaffolding and other temporary work. Close openings in the work when storms of lesser intensity pose a threat to the work or any nearby Government property.

(5) Typhoon Condition of Readiness: Unless directed otherwise, comply with;

a. Condition FOUR (Sustained winds of 50 knots or greater expected within 72 hours):

Normal daily jobsite cleanup and good housekeeping practices. Collect and store in piles or containers scrap lumber, waste material, and rubbish for removal and disposal at the close of each work day. Maintain the construction site including storage areas, free of accumulation of debris. Stack form lumber in neat piles less than 4 feet high. Remove all debris, trash, or objects that could become missile hazards. Contact Contracting Officer for Condition of Readiness (COR) updates and completion of required actions.

01 11 00-4

b. Condition THREE (Sustained winds of 50 knots or greater expected within 48 hours):

Maintain "Condition FOUR" requirements and commence securing operations necessary for "Condition ONE" which cannot be completed within 18 hours. Cease all routine activities which might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing buildings. Review requirements pertaining to "Condition TWO" and continue action as necessary to attain "Condition THREE" readiness. Contact Contracting Officer for weather and COR updates and completion of required actions.

c. Condition TWO (Sustained winds of 50 knots or greater expected within 24 hours): Curtail or cease routine activities until securing operation is complete. Reinforce or remove form work and scaffolding. Secure machinery, tools, equipment, materials, or remove from the jobsite. Expend every effort to clear all missile hazards and loose equipment from general base areas. Contact Contracting Officer for weather and Condition of Readiness (COR) updates and completion of required actions.

d. Condition ONE. (Sustained winds of 50 knots or greater expected within 12 hours):

Secure the jobsite, and leave Government premises.

(6) Location of Underground Facilities: Where existing piping, utilities, and underground obstructions of any type are indicated in locations to be traversed by new piping, ducts, and other work provided herein, and such are not indicated or specified to be removed, the elevations of the existing utilities and obstructions shall be verified before the new work is laid closer than the nearest manhole or other structure at which an adjustment in grade could be made. For any additional work required by reason of conflict between the new and existing work, an adjustment in contract price will be made in accordance with Contract Clause entitled

"DIFFERING SITE CONDITIONS".

1.4 STATUS OF FORCES AGREEMENT (SOFA)

The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S.

Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

1.5 CONCILIATION

If the parties to this contract by mutual consent, which consent shall be memorialized in writing, agree to use the United States - Japan Joint Committee as a means of alternative dispute resolution (ADR) in accord with the DISPUTES or DISPUTES (ALTERNATE I) clause of this contract whichever the Contracting Officer determine to use under agency procedures, then disagreement arising under this contract that is not yet resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and United States of America.

The decision of the United States - Japan Joint Committee shall be non-binding on the parties, and as such, the United States - Japan Joint Committee’s consideration of a dispute shall not prejudice any right which the parties to the contract may have to file a civil suit with either the United States Armed Services Board of Contract Appeals or the United States Court of Federal Claims.

PART 2 PRODUCTS

01 11 00-5

PART 3 EXECUTION

-- End of Section --

01 11 10-1

SECTION 01 11 10

ADDITIONAL GENERAL PARAGRAPHS

PART 1 – GENERAL

1.1 GOVERNMENT FURNISHED PROPERTY, MATERIALS AND SERVICES: In accordance with the Contract Clauses entitled "GOVERNMENT PROPERTY" and "USE AND CHARGES", the Government will furnish or make available to the Contractor certain Government owned facilities, equipment, materials, and utilities as specified below for use only in connection with this contract. All such facilities, equipment, and materials will be provided in "as is" condition, and their use is at the option of the Contractor. The use of Government-furnished property and services for other purposes is prohibited.

a. Government Furnished Facilities: Not Available.

b. Government Furnished Equipment (GFE): The Government may furnish the equipment to the Contractor for use in the performance of the contract. GFE will be identified as other pertinent information on the applicable task order. The use of GFE for any other purpose is prohibited. The Contractor shall be held accountable for all GFE. Upon completion of the specific task order, the Contractor shall return all GFE to the Contracting Officer in the same condition as originally provided to the Contractor less normal wear and tear.

c. Government Furnished Material (GFM): The Government may furnish to the Contractor the material for use only in the performance of the contract. The use of GFM for any other purpose is prohibited. The Contractor shall be held accountable for all material supplied, and shall provide documentation supporting issue/use of such material.

Upon request, such documentation shall be made available to the Contracting Officer during regular working hours for examination. GFMs will be identified as other pertinent information on the applicable task order. GFMs will be delivered to the Contractor as specified in the task order. The Contractor shall be held accountable for all materials furnished by the U.S. Government. All GFMs unused at the end of the work ordered shall be returned to the U.S.

Government and shall be turned-in as specified in the task order.

d. Availability of Utilities: Basically, the Government will furnish potable water and electricity at existing outlets as may be required for the work to be performed under the contract at no cost to the Contractor. Information concerning the location of existing outlets may be secured from the Contracting Officer. The Contractor shall provide and maintain, at his expense, the necessary service lines from existing Government outlets to the site of work. This policy is not applicable in Ordnance facilities. Potable water and electricity are not available at Hario Shima Ammo Storage Area. Potable water is available but electricity is not available at Sasebo Ammo Supply Point.

e. Sanitation:

(1) Areas other than Sasebo Ammo Supply Point and Hario Shima Ammo Storage Area: Basically, the Contractor shall provide sanitary conveniences of a type approved for the use of persons employed on the work, properly secluded from public observation, and maintained as directed. Sanitary conveniences to be provided shall be temporary sewer and sanitation facilities that are self-contained units with both urinals and stool capabilities.

Ventilate the units to control odors and fumes. and empty and clean them at least once a week or more often if required by the Contracting Officer. Discharge wastes into a municipal, district, or station sanitary sewage system, or remove waste to a commercial facility. In case the Contractor wants to discharge wastes into station sanitary sewage system, coordinate with the Contracting Officer for approval and follow station regulations and procedures prior to discharging into the station sanitary sewage system. The doors shall be self-closing. The exterior of the unit shall match the base standard color. Locate the facility behind the construction fence or out of the public view.

Upon completion of the work, remove the conveniences from the premises, leaving the premises clean and free from nuisance. Include provisions for pest control and elimination of odors.

(2) Sasebo Ammo Supply Point and Hario Shima Ammo Storage Area: Coordinate with the Contracting Officer at the time of applicable task order issuance.

01 11 10-2

1.2 CONTRACTOR FURNISHED ITEMS:

1.2.1 General: Except for items listed in paragraph 1.1 of this section, the Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract.

a. All Contractor-furnished replacement units, parts, components and materials to be used in the maintenance, repair, and alteration of facilities and equipment under this contract shall be compatible with that existing equipment on which it is to be used; shall be of equal or better quality than original equipment specifications; shall comply with applicable Government, commercial, or industrial standards such as Japanese Industrial Standards (JIS), Japanese Water Work Association (JWWA), American Society of Mechanical Engineers, etc; shall conform to the applicable technical specifications; and used in accordance with original design and manufacturer intent. Items not listed in technical specifications shall be of acceptable industrial grade and quality. If the original manufacturer has updated the quality of parts for current production, parts supplied under this contract shall equal or exceed the updated quality.

b. Replacement parts shall be new. If new parts are not available, the Contractor may request approval in writing from the Contracting Officer to use factory reconditioned parts. Use of factory reconditioned parts prior to written approval of the Contracting Officer is at the Contractor's sole risk. All parts whether new or factory reconditioned shall carry the full warranty required by this contract.

c. Administrative supplies and equipment shall be furnished by the Contractor.

d. Hazardous Materials: The Contractor shall provide the Contracting Officer a hazardous material (HM) inventory and material safety data sheets (MSDSs) before such HM comes on to the job sites. The Contractor shall submit contractor's plans for protection of public and Navy personnel, HM disposal, and procedures for HM spill response in conformance with Federal and local regulations.

1.3 TASK ORDER: After award of the initial contracts, the successful Contractors will be expected to submit technical and price proposals in response to Request for Proposal including scope of work for Task Order to be issued. Each awarded contractor must respond to each task order request. Task orders for Type A (Design-Build) will require multi-disciplined design services in all aspects of general construction for new, repair, and renovation projects. Projects may also require incorporation of sustainable design features (life cycle and energy cost reduction). Task orders for Type B (100% plans and specifications) will not require design but regular construction only. Each awarded task order will indicate a specific completion date and associated liquidated damages.

Subsequent task orders may be awarded on either the best value continuum or low price, technically acceptable. If the Government decides to issue the task order as a best value, award factors will vary depending on the unique requirements for each task order. Should one of the IDIQ contractors be unable to competitively secure a task order to meet the minimum guarantee, then the Government reserves the right to negotiate a task order with only that Offeror.

1.3.1 A written Task Order on a DD Form 1155, will be issued to the Contractor by the Contracting Officer for each project of work to be performed under this contract in accordance with "PROCEDURES FOR ISSUING ORDERS" paragraph specified in Para. 1.4 below.

1.3.1.1 When task order issued contains similar but different requirement to requirement specified in this Specification for MACC contract, the paragraph contains such requirement in task order issued will be applied to project work required by the task order unless otherwise designated by the Contracting Officer.

1.3.2 The U.S. Government shall not be obligated to reimburse the Contractor for work performed, or any costs incurred, nor shall the Contractor be obligated to perform, or otherwise incur costs except as authorized by duly executed Task Orders. Contractor's costs will not be compensated for participating in site visits and task order proposal.

1.3.3 Price proposals for task orders will follow.

01 11 10-3

a. Task Orders may be awarded on the basis of a Price Only method; a Lowest Price Technically Acceptable (LPTA) method; or a Best Value-Trade Offs method.

b. The basis for award will be stated in the Proposed Task Order (PTO).

c. Whenever possible, award will be made without discussions. If discussions are required, each contractor will be requested to provide a final proposal, unless eliminated from discussions through the establishment of a competitive range.

1.4 PROCEDURES FOR ISSUING ORDERS

1.4.1 For each task order, the Contractor will be paid at a fixed price as specified in the following procedures.

Reference for Type A and Type B shall be made to paragraph 1.1 in Section 01 11 00 "GENERAL

PARAGRAPHS".

1.4.2 Procedures for selecting contractors for Task Order.

1.4.2.1 Government Scope of Work. Some projects may include significantly developed and completed designs.

a. Except as specified at 1.4.2.2, whenever the Government has work to be performed under this contract, the Contracting Officer will issue a task order request for proposal that includes one of the following types of Scope of Work describing the work to be accomplished:

1. A Scope of Work with detailed plans, drawings and specifications.

2. A narrative scope of work with simple drawings and sketches.

3. A narrative scope of work with no drawings or limited sketches.

4. Request for Proposal for Type B (design is completed by the Government) is issued to the Contractor for further construction work; therefore, proposal for construction shall be only submitted in response to Request for Proposal.

b. The U.S. Navy intends to take advantage of Contractor's expertise and experience when accomplishing work under this contract. In response to the Scope of Work issued above, the U.S. Navy will require the Contractor to provide design engineering as defined by engineering analysis, design drawings, catalogue cuts, submittals, or similar information to clearly define the work that the contractor will perform and allow the U.S. Navy to evaluate the contractor's proposal. Detailed designs by a professional engineer are considered part of the Contractor's responsibility under this contract, however, design for Type B prepared by the Government are not considered part of the contractor's responsibility under this contract.

c. Finally, the Scope of Work will identify the period for submitting Initial Proposals. Such a period shall normally be between 7 and 30 days, depending on scope, complexity and value of work.

d. As a minimum, the Government-issued Scope of Work will include the following information:

(1) Nature and scope of work to be performed.

(2) Location of the job site.

(3) Government furnished material/equipment if applicable.

(4) Any special material to be used and equipment to be installed if applicable.

(5) Any special site conditions and/or contractor's working hour requirements if applicable.

01 11 10-4

(6) Any special Initial Proposal requirements if applicable.

e. Schedule for submission of Initial Proposals.

1.4.2.2 The Government may issue a Scope of Work to only one contractor in the following situations:

a. The work is specialized and one Contractor possesses a clear price advantage for the type of work that would be involved which is unlikely to be overcome by consideration of any other factors set forth at section 1.4.2.5.

b. The work requirement is of such urgency that following the procedures set forth in this section 1.4.2 would result in unacceptable delay.

c. Only one Contractor possesses the capability of performing the work.

d. The order is a logical follow-on to an order already issued to a Contractor such that economy and efficiency dictate award to the same Contractor.

e. The order is necessary to meet the Government's minimum guarantee.

1.4.2.3 Site Visits When deemed appropriate by the Government, or upon the request of the Contractor, the Contractor may inspect the job site with the Government's representative to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance to the extent that such information is reasonably obtainable. Such site visits will normally be held at a time mutually convenient to each Contractor, but it shall be wholly at the discretion of the Government when to hold such site visits, or whether to hold more than one such visit. During such site visits, the Contractors may discuss with the Government representative specific conditions and details of the work including but not limited to, material to be used, how the work will progress, and contractor working hours. Any deficiencies, omissions, conflicts or other adverse condition that may exist in the Scope of Work, or that may be encountered during the site visit shall be immediately brought to the attention of the Contracting Office, in writing, for resolution prior to the submission of the Contractor's initial proposals.

1.4.2.4 Contractor's Initial Proposals

a. Upon receipt of the Government-issued Scope of Work, and within the time specified, the Contractor may be requested to submit an Initial Proposal. This proposal will generally be less detailed than the Price Proposal Revision, and will primarily be the Contractor's proposed price for doing the work. If the work is of a sufficiently technical nature, or if specialized equipment or material is required by the Scope of Work, a contractor may also be requested to submit catalog cuts or manufacturer's information, and/or rough sketches of the proposed work to allow the Government to evaluate the contractor's proposal. Such requirements will be stated in the Government-issued Scope of Work.

b. Unless otherwise specified in the RFP, the Contractor may also submit proposed changes, alternative methods, or deviations from the Government's proposed Work Scope that may be the "Best Value" to the Government considering quality, maintainability, operation, price, or other factors advantageous to the Government. The Contractor may separately price such changes, alternatives, and deviations, or include them as the basis of its proposal. Where approved, the Contractor shall be responsible for the accuracy, sufficiency, and completeness of the changes, alternatives, or deviations, and shall correct all resulting deficiencies, omissions, or defects at no additional cost to the Government.

c. All items shall be submitted by electronic files on CD or DVD using Microsoft Office applications (i.e. Word, Excel, Project) and Adobe Acrobat format.

1.4.2.5 Selection Criteria For Task Orders. Upon receipt of Initial Proposals, unless otherwise specified in the RFP, the Contracting Officer shall select the firm whose proposal offers the Best Value to the Government considering price, past performance of the contractor on prior orders, quality of workmanship, timeliness of performance, and any advantageous technical changes, alternatives, or deviations. If specified in the RFP, selection may be made on a lowest price technically acceptable basis.

01 11 10-5

1.4.2.6 Price Proposal Revision

a. Based on the evaluation of the contractors' Initial Proposals the Government will select one contractor who offers the best value. Prior to issuing a task order, the Contracting Officer may require the submission of a Price Proposal Revision. The Price Proposal Revision will simply provide more detailed information than the Initial Proposal. This may include:

a detailed breakdown of the Initial Proposal by cost categories (i.e. labor, material, equipment, overhead and profit) in electronic spreadsheet (i.e. Microsoft Excel) format and Adobe Acrobat format;

additional information, including drawings, catalog cuts, manufacturer's information necessary to definitize the scope of work included in the proposed order.

b. As deemed necessary, the Government and Contractor may negotiate both the final scope and price of the work.

Upon resolution of any issues in disagreement and upon the Government's satisfaction that the price is fair and reasonable, a task order will be issued to the Contractor.

c. If the Government and the Contractor fail to reach an agreement on a fair and reasonable price for any proposed scope of work, the Government reserves the right to enter into negotiations with another contractor.

1.4.3 Project Schedule:

1.4.3.1 Commencement, Prosecution, and Completion of Work.

a. Unless otherwise specified in a task order, the Contractor shall be required to commence work within five calendar days after issuance of a written task order, prosecute the work diligently, and complete the entire work ready for use not later than the number of days stated in the Task Order.

b. The Government may modify the completion dates indicated above in the Government issued "scope of work" during the task order proposal stage to accommodate urgent requirements, or work requiring materials or equipment with long-lead times. Additionally, if the Contractor cannot complete the work as specified, or can complete it earlier than required, the Contractor may propose such a different completion date with explanation in its initial proposal. The proposed performance period will then be evaluated in addition to the other factors described in paragraph 1.4.2.5 and incorporated into the task order if accepted by the Government.

1.5 TASK ORDER OMBUDSMAN: The Competition Advocate for the Pacific Division, Naval Facilities Engineering Command, has been appointed as the Task Order Ombudsman. The Task Order Ombudsman is appointed to review complaints from Contractors regarding procedures used to award task orders and ensure that Contractors are provided a fair opportunity to be awarded task orders under the contract consistent with the procedures specified in the contract. Should the contracting officer be unable to resolve the contractor's concerns, the Contractor may contact the Task Order Ombudsman at

Pacific Division, Naval Facilities Engineering Command 258 Makalapa Dr Ste 100 Pearl Harbor HI 96860-3134

1.6 COLLUSION: Any collusion between contractors to establish prices or allocate work to be issued as task orders on this contract is strictly prohibited. Substantiated allegations of such activities under this contract shall be cause to terminate the contract and any outstanding task orders for default. In addition, the Government may refer the matter to local authorities, seek civil damages, and take appropriate administrative actions to suspend and/or debar the contractor from future contract awards.

1.7 GENERAL ADMINISTRATIVE REQUIREMENTS:

01 11 10-6

1.7.1 ENVIRONMENTAL PROTECTION: The Contractor shall comply with all applicable Japanese laws and regulations, and Department of Defense Japan Environmental Governing Standard (JEGS). All environmental protection matters shall be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor may be accomplished by the Activity Environmental Office, or authorized officials on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and other costs. The Contractor shall comply with the instructions of the cognizant Navy Medical Department with respect to avoidance of conditions which create a nuisance or which may be hazardous to the health of military or civilian personnel.

1.7.2 DISPOSAL: All debris and rubbish resulting from the work under this contract shall be disposed of by the Contractor at his expense off U.S. Government property and at approved facilities for such disposal in accordance with Japanese Law and local regulations.

a. Dispose of any and industrial waste in accordance with Department of Defense (DOD) Japan Environmental Governing Standards (JEGS), Japanese Laws, "Nagasaki-ken Kohgai Bohshi Jyorei Kitei Shu" (Handbook for Pollution Control Laws and Official Regulations), and Occupational Safety and Health Administration, U.S. Army Corps of Engineering (USACE) Engineering Pamphlet. Proof of proper disposition (an authenticated disposal ticket or a copy of manifest) must be submitted to the Contracting Officer prior to Government acceptance of the work.

b. Unless otherwise specified or directed, do not dispose any hazardous wastes into any area outside the Government control area. The Contractor shall inform of any hazardous wastes to be collected to the Contracting Officer for the notification purpose to the Base / Station Environmental Hazardous Waste Disposal Br., Environmental Division, in writing and coordinate setting up the boxes with the Contracting Officer. The Contractor shall submit Hazardous Waste Disposal Disposition form provided by the Contracting Officer.

1.7.3 PASSES AND BADGES: All Contractor employees shall obtain the required employee and vehicle passes.

The Contractor shall, prior to the start of the contract, submit the names of personnel to be utilized during the contract term to the Contracting Officer and shall include the following for each person:

a. Name

b. Date of Birth

c. Place of Birth

d. Citizenship

e. Address

f. Age

After receipt of the names and obtaining of security clearances, the cognizant Pass Office will issue a Contractor's pass and/or badge to each person on the list. No personnel will be permitted on the site without a valid pass and/or badge. When within the confines of U.S. Government controlled premises, personnel shall have their passes and/or badges immediately available and shall produce them for identification purposes when requested by security authority. Passes and/or badges shall be presented when entering or departing the base. When an employee leaves the Contractor's service, the employee's pass and/or badge shall be returned within two working days. Passes and/or badges issued to Contractor employees shall not negate the requirement for employee identification required in the "Identification of Contractor Employees" paragraph in this section.

1.7.4 IDENTIFICATION OF CONTRACTOR EMPLOYEES:

a. The Contractor shall provide to the Contracting Officer the name or names of the responsible supervisory person or persons authorized to act for the Contractor.

b. The Contractor shall furnish sufficient personnel to perform all work specified within the contract.

c. Contractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

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d. The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

e. No employee or representative of the Contractor will be admitted to the site of work unless he/she furnishes satisfactory proof that he/she is a citizen of Japan, or, if an alien, his/her residence within Japan is legal.

f. All contractor/subcontractor employees working under this contract shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place on an outer garment. Employee identification shall not be substituted for station required passes or badges.

1.7.5 IDENTIFICATION OF CONTRACTOR VEHICLES: The company name shall be displayed on each of the Contractor's vehicles in a manner and size that is clearly visible. All vehicles shall display a valid license plate and safety inspection sticker, if applicable, and shall be maintained in good repair.

1.7.6 PERMITS: The Contractor shall, without additional expense to the Government, obtain all appointments, licenses, and permits required for the prosecution of the work. The Contractor shall comply with all applicable local laws. Evidence of such permits and licenses shall be provided to the Contracting Officer through FINS (Facility Impact Notification System) request before work commences.

1.7.7 WORK SCHEDULE:

a. The Contractor shall arrange his/her work so as not to cause interference with normal occurrence of Government business. All work schedules required shall be submitted to and be approved by the Contracting Officer. In no event shall the Contractor change approved work schedules without the prior written approval of the Contracting Officer.

b. Within five calendar days after receipt of a task order, the Contractor shall submit to the Contracting Officer a firm work schedule for approval. The work schedule shall identify all work to be accomplished under the task order, and the proposed date and time of performance shall be indicated. Changes or additions to any job that prevents the Contractor from completing the work on time or which change the scope of the work should be reported to the Contracting Officer in writing.

c. Service Interruptions. If any services must be discontinued (even temporary) due to scheduled contract work, the Contractor shall notify the Contracting Officer, affected tenants and customers at least 14 working days in advance. If the discontinued service is due to an emergency breakdown, the Contractor shall notify the Contracting Officer, affected tenants and customers as soon as possible.

1.7.8 WELDER QUALIFICATION. Each welder and welding operator assigned to work covered by this contract shall be qualified in accordance with ANSI B 31.1 or JIS Z 3801. Evidence of such qualification shall be provided to the Contracting Officer upon demand.

1.7.9 TEMPORARY WORK: Unless otherwise indicated, all existing objects which interfere with new work shall temporarily be removed and reinstalled upon completion of new work.

1.7.10 INSTALLATION AND TEST: Equipment installation and test shall be conducted in accordance with the manufacturer’s instruction manuals.

1.7.11 DEMOLITION AND REMOVAL: Do not begin demolition and removal until authorization is received from the Contracting Officer. Remove daily rubbish and debris from the project site, do not allow accumulations around the project site. Store materials that cannot be removed daily in areas specified by the Contracting Officer.

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1.7.12 GAS-FREE TESTING: When the Contractor works in a hazardous area, the qualified gas-free engineer of the Contractor shall perform gas-free testing (testing flammable vapor concentration) and monitoring atmosphere before and during the period of contractor’s work at the job site. The Contractor shall submit to the Contracting Officer for Government gas free program manager's approval three copies of past performance record showing that the gas-free engineer has performed gas-freeing, testing and monitoring duties in and around petroleum storage tanks in the past along with his/her qualifications. Welding, or other heat or spark generating work shall not be performed while fuel transfers are under way.

NOTE: Hazardous areas are generally defined as any area;

a. Within 30 m of active aboveground storage tank,

b. Within 30 m of leaking section of fuel pipelines or other vapor sources,

c. Within 60 m of the downwind side of potential vapor emission sources (i.e., pressure-vacuum vents, open vents on active tanks, leaking section of pipelines),

d. Within the existing tanks, and

e. Within a dike.

1.7.13 OZONE DEPLETING SUBSTANCES (ODS): When performing work which involves ozone depleting substances (ODS) including refrigerant and halon, the Contractor is responsible for the recapture of all ODS to prevent leaks to the atmosphere in accordance with the applicable Japanese laws and regulations. The Contractor shall not intentionally vent any refrigerant and halon. The ODS must be collected and turned in for proper disposition to an approved facilities in accordance with the applicable Japanese laws and regulations. Proof of proper disposition (an authenticated disposal ticket or a copy of manifest) must be submitted to the Contracting Officer prior to Government acceptance of the work.

1.7.14 EXCAVATION REQUIREMENTS: The Contractor shall receive written permission from the Contracting Officer and intent to excavate whenever digging is required to perform this contract. The request will provide a sketch of the area, limits of the excavation and expected depths. Unless removal of contaminated soil is elsewhere specified as a part of the contract scope of work, immediately report to the Contracting Officer any unforeseen discovery of soils suspected of being contaminated with oil or other hazardous materials. After notifying the Contracting Officer, the Contractor will take whatever pro-active measures are necessary to protect the excavation from erosion and prevent the spread of suspected contaminants until testing can be accomplished. Testing will be accomplished as directed by the Contracting Officer through the use of a contract modification or by Government personnel. After analysis of the test results, any soils found to be contaminated will be properly treated and disposed under the direction of the Contracting Officer through a contract modification or by Government personnel in accordance with JEGS and Japanese industrial waste interim treatment and licensing regulations.

1.7.15 CONTRACTOR AVAILABILITY DURING EMERGENCY OPERATIONS:

In the event of a catastrophic natural or man-made disaster (Emergency Operations) this will be the primary contracting vehicle used to restore essential services, repair damaged structures, and build temporary facilities.

Contractors under this MACC may be requested to provide emergency construction services to any location on the Mainland of Japan. The Contractor will provide and up-date an emergency contact list consisting of telephone numbers, e-mail addresses, and home address of key company representative that can respond with in two days of a catastrophic natural or man-made disaster. These individuals will have authority to estimate and propose pricing for specific work as directed by the Contracting Officer. The Contractor will be expected to commence work within seven days of contract award during an Emergency Operation event.

1.7.16 ACTIONS REQUIRED OF THE CONTRACTOR:

1.7.16.1 Lead Containing Materials

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Will be indicated on individual task order.

1.7.16.2 Asbestos Material

Will be indicated on individual task order.

1.7.16.3 Mercury Material

Not applicable.

1.7.16.4 Radiation Areas

Not applicable.

1.7.16.5 Safety Briefing

The Contractor's personnel who will entering areas controlled by Navy Munitions Command (NMC) East Asia Div.

Detachment Sasebo, Japan to perform the any work under this contract shall attend safety briefing held by the Navy Munitions Command (NMC) East Asia Div. Detachment Sasebo, Japan, before such entering for the contractual work.

1.7.16.6 Preparation for Actual Work

The Contractor shall commence Administrative Work, Site Survey and Measurements of site conditions in accordance with the Contract after the approval of the Contracting Officer for "Performance Bond and Insurance", applicable section of the Accident Prevention Plan (APP), including organization chart and emergency contact procedures, and Activity Hazard Analysis (AHA) for the survey work. No on-site construction will be allowed during that time unless coordinated with the Contracting Officer in advance.

NOTE: Performance of work at the job site shall commence only upon receipt of a Notice to Proceed (NTP) letter of Construction Work from the Contracting Officer. On-site work shall not begin until there is an accepted Safety Plan, APP, AHA, Quality Control (QC) Plan and any other required submittals as identified under the contract and each task order specification and drawings. The Government will issue a NTP letter for on-site work when all submittals are accepted.

1.7.16.7 Material Requirements

All materials shall be new except where indicated as existing or reused. Do not use materials having a lead content over 0.06 percent by weight of nonvolatile content. Also, all materials to be used under this contract shall be Non-asbestos type (Asbestos contained; less than 0.1 percent by weight).

1.7.16.8 Warranty Card

In accordance with Section 01 78 00 CLOSEOUT SUBMITTAL, Warranty Management Plan, the Contractor shall complete a warranty card where directed by the Contracting Officer. It is a matter of course that the warranty card shall not cover the material furnished by the Government, accordingly, the warranty card shall indicate such conditions. The information on the warranty card shall be verified by the Contracting Officer, prior to being posted.

A sample warranty card is shown as Attachment of this Section.

1.7.16.9 Notification Letter in Housing Areas:

a. All housing projects (Arch/Mech/Civil/Elect) shall include the following paragraph;

For any outages that occur in housing areas or tenant information regarding this project, the Contractor shall produce copies and distribute Notification Letter provided by Housing office to all affected residents.

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b. Other projects (DoDDS, MWR, etc.) shall include the following paragraph, if housing residents receive impact due to the outage work.

For any outages that occur in housing areas, the Contractor shall produce copies and distribute Notification Letter provided by Housing office to all affected residents.

1.7.16.10 Ozone Depleting Substances (ODS):

All ODS, to include R-12 and R-22, shall be collected and turned into the Government, and all others will be turned in for disposition to an approved facility.

-- End of Section --

01 11 10-Attachment-1

WARRANTY CARD

CONTRACT NO. :

CONTRACT TITLE :

CONTRACT COMPLETION DATE :

FEAD ACCEPTANCE DATE :

CONTRACTOR'S NAME :

CONTRACTOR'S POINT OF CONTACT :

CONTRACTOR'S ADDRESS :

CONTRACTOR'S PHONE NO. :

WARRANTY DURATION :

STARTING DATE :

ENDING DATE :

FACILITY LOCATION :

FACILITY NUMBER :

WARRANTY CARD COMPLETED BY :

DATE :

In warranty duration, any defects discovered under this warranty shall be reported directly to Warranty Officer, the PWD Trouble Desk at DSN 252-3535.

01 14 00-1

SECTION 01 14 00

WORK RESTRICTIONS

PART 1 - GENERAL

1.1 SUBMITTALS: Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for Contractor Quality Control approval. The following shall be submitted in accordance with Section 01 33 10 DESIGN SUBMITTAL PROCEDURES and Section 01 33 20 CONSTRUCTION SUBMITTAL

PROCEDURES:

1.1.1 SD-01 Preconstruction…

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