20R1313-AMD3.pdf

RFP No. N6274220R1313

Amendment No. 0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

DOCUMENT 00800, TABLE OF CONTENTS

Delete page 1 and replace with the attached page 1.

DOCUMENT 00800, SPECIAL CONTRACT REQUIREMENTS

Delete pages 1 through 4 and replace with the attached pages 1 through 5.

SECTION 00 01 15 LIST OF DRAWINGS

PARA 1.2 CONTRACT DRAWINGS

1.2.1 Part B List of Drawings

The following drawings are revised as of 7/2/2020 and accompany this Amendment:

NAVFAC

DWG NO.

DRAWING

SHEET NO.

CHANGE

NO.

TITLE

17247492 CD100 1 OVERALL DEMOLITION PLAN

17247526 CG107 1 GRADING AND DRAINAGE PLAN – AREA 7

17247605 E-504 1 DETAILS

17247609 E-600 1 ONE LINE DIAGRAM

17247610 E-601 1 LUMINAIRE SCHEDULE & DETAILS

1.2.2 Part C List of Drawings

The following drawings are revised as of 7/2/2020 and accompany this Amendment:

NAVFAC

DWG NO.

DRAWING

SHEET NO.

CHANGE

NO.

TITLE

17247634 G-104 1 CONSTRUCTION PHASING PLANS – RELOCATED

THRESHOLD PLAN 1 OF 3

17247635 G-105 1 CONSTRUCTION PHASING PLANS – RELOCATED

THRESHOLD PLAN 2 OF 3

17247668 CD101 1 DEMOLITION PLAN

17247673 CS104 1 SITE PLAN – AREA 3

17247714 CU103 1 UTILITY PLAN AREA 3

17247717 CU203 1 RAW WATER LINE PROFILE

PART A: GENERAL REQUIREMENTS

SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS

Delete section in its entirety and replace with the attached Section 01 30 00.

SECTION 01 57 19.03 SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS (JRM-ESS)

Delete section in its entirety and replace with the attached Section 01 57 19.03.

RFP No. N6274220R1313

Amendment No. 0003

PART B: FY20 P-9021 APSI – AIRFIELD DEVELOPMENT, PHASE 1, TINIAN CNMI (WON 1607709)

SECTION 33 71 01 OVERHEAD TRANSMISSION AND DISTRIBUTION

Delete section in its entirety and replace with the attached Section 33 71 01.

PART C: FY20 P-9022 APSI – PARKING APRON, TINIAN, CNMI (WON 1607704)

SECTION 26 56 20 AIRFIELD LIGHTING AND VISUAL NAVIGATION AIDS

Delete section in its entirety and replace with the attached Section 26 56 20.

FY20 MCAF P-9021/PAF189021 APSI – Airfield Development, WON 1607709

Phase 1 and FY20 MCAF P-9022/PAF189022 APSI – Parking 1607704

Apron, Tinian International Airport, Tinian, CNMI

N62742-20-R-1313

DOCUMENT 00800 TABLE OF CONTENTS

Amendment No. 0003

DOCUMENT 00800

SPECIAL CONTRACT REQUIREMENTS

5/20

1.1 AUTHORITY

1.2 ORGANIZATIONAL CONFLICTS OF INTEREST

1.3 NOTICE OF BONDING REQUIREMENTS

1.4 UTILITIES FOR CONSTRUCTION AND TESTING (JUN 1994)

1.5 NOTICE CONCERNING LABOR RATES

1.6 NOTICE CONCERNING TEMPORARY SERVICE OR LABOR (8 U.S.C. 1101(a)(15)(H)(ii)b))

(hereinafter referred to as “H-2B”) FOR WORK IN THE COMMONWEALTH OF NORTHERN

MARIANA ISLANDS (CNMI) RELATED TO THE MILITARY REALIGNMENT OCCURING ON

GUAM AND IN THE CNMI

1.7 NOTICE CONCERNING RECRUITMENT STANDARDS FOR TEMPORARY H-2B SERVICE OR

LABOR (8 U.S.C. 1101(a)(15)(H)(ii)b)) FOR WORK IN THE CNMI RELATED TO THE MILITARY

REALIGNMENT OCCURING ON GUAM AND IN THE CNMI

-- End of Document --

DOCUMENT 00800

Amendment No. 0003

DOCUMENT 00800

SPECIAL CONTRACT REQUIREMENTS

5/20

1.1 AUTHORITY

a. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

b. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

c. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(1) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(2) A purported modification or change order issued by anyone other than the Contracting Officer;

(3) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(4) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(a) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(b) Expend hours in excess of a specified level of effort.

1.2 ORGANIZATIONAL CONFLICTS OF INTEREST

Review of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest is encouraged. The intent is to identify and evaluate potential conflicts of interest prior to contract award. Generally, if the Contractor / affiliates /subcontractors under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates and any subcontractors/subconsultants may be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. In addition, the Contractor and its affiliates and/or subcontractors under this contract are ineligible to bid or participate, in any capacity, in any contractual effort which is based upon a statement of work, specifications and plans which the Contractor and its affiliates and/or subcontractors previously prepared or assisted in preparing.

1.3 NOTICE OF BONDING REQUIREMENTS

Within 21 days after receipt of award, the offeror to whom the award is made shall furnish the bonds required by FAR Clause 52.228-15 Performance and Payment Bonds--Construction.

Offerors are hereby notified that the contract time for purposes of fixing the completion date, default, and liquidated damages will be as stated in FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work, regardless of when performance and payment bonds or deposits in lieu of surety are executed.

1.4 UTILITIES FOR CONSTRUCTION AND TESTING (JUN 1994)

The Contractor shall be responsible for obtaining, either from available Government sources or local utility companies, all utilities required for construction and testing. The Contractor shall provide these utilities at his expense, paid for at the current utility rate delivered to the job site. The Contractor shall provide and maintain all

Amendment No. 0003 temporary utility connections and distribution lines, and all meters required to measure the amount of each utility used.

1.5 NOTICE CONCERNING LABOR RATES

The Construction Wage Requirements statute (formerly known as the Davis-Bacon Act) will apply. The attached Mariana Islands General Wage Decision No. CM20200002, Modification No. 0, Publication Date 01/03/2020 will remain in effect for the duration of the project, unless modified.

Federal Acquisition Regulation (FAR) 22-404-6(c) requires incorporation of a wage determination received by the contracting office prior to award. If the contracting office receives a modification to the wage determination after receipt of proposals but prior award, at the discretion of the contracting officer, award of a contract resulting from this solicitation may be made without incorporation of the current wage determination prior to award and a modification will be issued after award to incorporate the wage determination effective as of the date of contract award.

1.6 NOTICE CONCERNING TEMPORARY SERVICE OR LABOR (8 U.S.C. 1101(a)(15)(H)(ii)b)) (hereinafter referred to as “H-2B”) FOR WORK IN THE COMMONWEALTH OF NORTHERN MARIANA ISLANDS

(CNMI) RELATED TO THE MILITARY REALIGNMENT OCCURING ON GUAM AND IN THE CNMI

It is DOD’s view that the prime contract is directly connected to, or associated with, the military realignment occurring on Guam and the CNMI. Work performed under this contract may meet the requirements for use of H-2B nonimmigrant laborers under the exemptions provided by Section 1049 of the 2018 NDAA as implemented by the U.S. Citizenship and Immigration Services (USCIS) Policy Memorandum PM-602-0164 dated 1 October 2018.

Companies performing work under this contract seeking to obtain a statement from the Department of Defense regarding whether DOD views the work as directly connected to or associated with the military realignment occurring on Guam and the CNMI should contact Contracting Officer. Any denials or delays in obtaining a statement from DoD regarding DODs views of whether work is directly connected to or associated with the military realignment on Guam and the CNMI shall not affect the performance of work under this contract. The contractor seeking the statement bears all risk of denial or delay in obtaining a DoD statement. USCIS alone will adjudicate any petitions for use of H-2B nonimmigrant laborers and USCIS alone will make all determinations regarding whether petitions meet the NDAA exemption requirements. Any denials or delays in adjudication by the USCIS shall not affect the performance of work under this contract and the contractor petitioning the USCIS bears all risk of USCIS denial or delay in approval.

1.7 NOTICE CONCERNING RECRUITMENT STANDARDS FOR TEMPORARY H-2B SERVICE OR LABOR

(8 U.S.C. 1101(a)(15)(H)(ii)b)) FOR WORK IN THE CNMI RELATED TO THE MILITARY

REALIGNMENT OCCURING ON GUAM AND IN THE CNMI

a. Purpose. In addition to complying with all applicable USCIS, CNMI Department of Labor, and U.S.

Department of Labor requirements relating to recruitment of foreign labor, the contractor shall comply with the following recruitment standards designed to recruit U.S. workers. Compliance with these standards are required to support a contractor request to employ H-2B visa workers. The standards are designed to support a determination, as required under Federal law, that a person holding an H-2B visa under the Immigration and Nationality Act will not displace qualified U.S. workers or adversely affect the wages and working conditions of U.S. workers that:

b. Recruitment Standards. The contractor shall take the following actions to recruit U.S. workers.

(1) At least 60 days before the start date of workers under a base realignment construction contract, and annually thereafter for the length of the contract, contractors shall:

Amendment No. 0003

(a) Submit job postings with the Commonwealth of the Northern Mariana Islands workforce agency Internet job board at https://marianaslabor.net/employer.asp;

(b) Submit job postings via completed Job Orders (Guam Form GES 514) at the Guam Employment Service office, which is open Monday to Friday (except holidays) from 8 a.m. to 5 p.m. at 710 Marine Corps Drive, Suite 301, Bell Tower Plaza, Hagatna (for assistance call 671-475-7000);

(c) Submit job postings on the workforce agency Internet job board in every State of the Union. Internet sites for state job banks can be found at Department of Labor sponsored website: www.careeronestop.org;

(d) Submit job postings focused on recruiting qualified veterans at the Department of Labor website:

www.veterans.gov;

(e) Post a help wanted ad in the local newspaper for American Samoa and have a notice posted in the American Samoa Human Resources agency office. For assistance with these tasks, please see the American Samoa Human Resource agency contacts listed at www.jobbankinfo.org;

(f) For contractors needing assistance with job postings, additional contact information and a link to the required Guam form GES 514 are listed at www.jobbankinfo.org;

(g) Submit job postings with an internet-based job bank that:

1. Is national in scope, including the entire U.S., Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico;

2. Allows job postings for all occupations; and

3. Is free of charge for job seekers and their intermediaries in American Job Centers (also known as One-Stop Career Centers) and the U.S. employment service delivery system nationwide.

(h) Where the occupation or industry is customarily unionized, contact the local union in the CNMI in writing to seek U.S. workers who are qualified and who will be available for the job opportunities.

(2) Each job posting must include, at a minimum, the following information:

(a) The contractor's name and appropriate contact information for applicants to inquire about the job opportunity, or to send applications and/or resumes directly to the employer;

(b) The geographic area of employment, with enough specificity to apprise applicants of any travel requirements and where applicants will likely have to reside to perform the services or labor;

(c) A statement indicating whether or not the employer will pay for the worker's transportation to CNMI;

(d) If the employer provides it, a statement that daily transportation to and from the worksite(s) will be provided by the employer;

Amendment No. 0003

(e) A description of the job opportunity with sufficient information to apprise U.S. workers of the services or labor to be performed, including the duties, the minimum education and experience requirements, the work hours and days, and the anticipated start and end dates of the job opportunity;

(f) If the employer makes on-the-job training available, a statement that it will be provided to the worker;

(g) If required by law, a statement that overtime will be available to the worker and the wage offer for working any overtime hours;

(h) The wage offer, and the benefits, if any, offered;

(i) A statement that the position is temporary;

(j) The total number of job openings the employer intends to fill; and

(k) If the employer provides the worker with the option of board, lodging, or other facilities, including fringe benefits, or intends to assist workers to secure such lodging, a statement disclosing the provision and cost of the board, lodging, or other facilities, including fringe benefits or assistance to be provided.

(3) Each job posting must be posted for at least 21 consecutive days.

(4) During the 28-day recruitment period, which begins on the earliest job posting date, contractor must interview all qualified and available CNMI and U.S. construction workers who have applied for the employment opportunity.

(5) After the close of the recruitment period, and no later than 30 days before the start date of workers under a contract, contractor must provide a report including the following information via email to CNMI DOL at ndaa.recruitment@dol.guam.gov documenting its efforts to recruit U.S. workers from the U.S. and all U.S. territories.

(a) Indicate all the recruitment approaches used to recruit realignment workers, including an identification of the Internet job banks where the postings occurred, the occupation or trade, a description of wages and other terms and conditions of employment, the dates of each posting, and the job order or requisition number;

(b) A copy of each job posting;

(c) How each job posting and response was handled, including:

1. The number of job applications received;

2. The name of each applicant;

3. The position applied for; and

4. The final employment determination for each applicant or job candidate.

(d) Hire American: for each U.S. job applicant not hired, the contractor shall identify the specific, lawful, job-related reason for rejecting the applicant for employment, which shall include a comparison of the job applicant's skills and experience against the terms listed in the original job posting.

Amendment No. 0003

(e) Compliance with the above procedures shall not be construed as or require approval of a recruitment action. The CNMI Department of Labor, U.S. Department of Labor, and USCIS retain all applicable approval authorities. Any denials or delays in approval by the CNMI Department of Labor, U.S. Department of Labor, or the USCIS shall not affect the performance of the prime contract and the contractor bears all risk of USCIS denial or delay in approval.

-- End of Document --

5/14/2020 beta.SAM.gov https://beta.sam.gov/wage-determination/CM20200002/0?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_s… 1/4

"General Decision Number: CM20200002 01/03/2020

Superseded General Decision Number: CM20190002

State: Mariana Islands

Construction Types: Building, Heavy, Highway and Residential

County: Mariana Islands Statewide.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020

SUCM2019-001 02/13/2019

Rates Fringes

CARPENTER........................$ 7.25

ELECTRICIAN......................$ 7.25

Equipment Operator...............$ 7.25

Heavy Equipment Mechanic.........$ 7.25

Laborers:

Laborer I & II (Level 1 & 3)..........................$ 7.25 Laborer III (Level 5).......$ 7.25

Linemen..........................$ 7.25

MASON............................$ 7.25

Mechanic https://beta.sam.gov/wage-determination/CM20200002/0?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_s… 2/4

Automotive Mechanic.........$ 7.25

PAINTER..........................$ 7.25

PLUMBER..........................$ 7.25

Power Plant Mechanic.............$ 7.25

Power Plant Operator.............$ 7.25

REFRIGERATION MECHANIC...........$ 7.25

ROOFER...........................$ 7.25

Sheet metal workers..............$ 7.25

TRUCK DRIVER.....................$ 7.25

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were https://beta.sam.gov/wage-determination/CM20200002/0?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_s… 3/4 prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter https://beta.sam.gov/wage-determination/CM20200002/0?index=wd&keywords=&is_active=true&sort=-modifiedDate&date_filter_index=0&date_rad_s… 4/4

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

FY20 P-9021 APSI - Airfield Development, Phase 1, Tinian, CNMI 1607709 FY20 P-9022 APSI - Parking Apron, Tinian, CNMI 1607704

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

15 CFR 772 Definition of Terms

15 CFR 773 Special Licensing Procedures

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

View Location Map; G

Progress and Completion Pictures; G

1.3 VIEW LOCATION MAP

Submit within 30 calendar days of contract award, a sketch or drawing indicating the required photographic locations. Update as required if the locations are moved.

1.4 CONTRACTOR WORKFORCE HOUSING LOGISTICS AND MATERIAL MANAGEMENT

REQUIREMENTS

a. For the purposes of this specification, the term, "temporary resident worker" means all workers except the following:

1. Permanent residents of CNMI

2. Managers and supervisors (U.S. citizens or resident aliens)

b. For the purpose of this specification, the term, "worksites" means locations in and around Tinian airport and seaport.

1.4.1 Medical

Assure that staffing, personnel assignment and other human resources

SECTION 01 30 00 Page 1 Amendment 003 July 2, 2020 practices result in development and maintenance of a healthy Contractor and Subcontractor workforce employed in the performance of this contract in accordance with all statutes and regulations of the U.S Federal Government in effect on the date of award of this contract.

1.4.1.1 Clinical Examinations

Ensure that each worker's health status prior to deployment to Tinian for work on this Government contract is adequate for performance of the activities to which the worker will be assigned giving consideration to the climatic and other physical elements to be experienced on the job.

1.4.1.2 Medical Records

Maintain medical records in accordance with HIPAA and Privacy Act guidelines.

1.4.2 Housing

1.4.2.1 Workforce Housing Facilities for "Temporary Resident Workers"

Should the Contractor choose to provide workforce housing facilities for temporary resident workers with appropriate contractual board and lodging agreements with its workers' representatives, provide secure, adequate, clean, and healthy housing in accordance with Public Law 31-72, 29 CFR 1910.142 and all statutes and regulations of the U.S Federal Government in effect on the date of award of this contract or thereafter promulgated by the aforementioned governmental authorities. Under no circumstances shall equipment, appliances, food or beverages, firearms, weapons or other substances controlled or prohibited under U.S. Federal Government laws, rules or regulations be permitted to be used, stored or temporarily occupy housing facilities furnished under this specification.

Contractors, Subcontractors and their workers found to be in violation of the aforementioned prohibition will be prosecuted to the fullest extent of the law and serious or repeated violations may result in termination of this contract for default.

a. Obtain all permits, licenses or other authority required by the statutes and regulations of the U.S Federal Government or the local Government to operate or furnish facilities necessary.

1.4.3 Safety & Security

Ensure a safe living environment free from violence, threats of violence, harassment, intimidation, and other disruptive behavior at the workforce housing facilities and the construction sites. Ensure the employees are aware of the company's policy in the event of a conviction for offense(s) committed.

1.4.4 Transportation

Provide safe, secure and adequate transportation services for temporary resident workers to and from temporary resident workforce housing facilities and worksites to accommodate work schedules including multiple work shifts or non-standard work shifts. Work performed hereunder shall comply in all respects with all statutes and regulations of the U.S Federal Government in effect on the date of award of this contract or thereafter promulgated by the aforementioned governmental authorities.

SECTION 01 30 00 Page 2

1.5 PROGRESS AND COMPLETION PICTURES

Photographically document site conditions prior to start of construction operations. Provide monthly, and within one month of the completion of work, digital photographs, 1600x1200x24 bit true color minimum resolution in JPEG file format showing the sequence and progress of work. Take a minimum of 10 digital photographs each week throughout the entire project from views from points based on the Contractor's View Location Map submittal. Indicate photographs demonstrating environmental procedures.

Provide photographs for each month in a separate monthly directory and name each file to indicate its location on the view location sketch. Include a date designator in file names. Cross reference submittals in the appropriate daily report. Photographs provided are for unrestricted use by the Government.

1.6 MINIMUM INSURANCE REQUIREMENTS

Provide the minimum insurance coverage required by FAR 28.307-2 LIABILITY, during the entire period of performance under this contract. Provide other insurance coverage as required by Tinian law.

1.7 SUPERVISION

1.7.1 Minimum Communication Requirements

Have at least one qualified superintendent, or competent alternate, capable of reading, writing, and conversing fluently in the English language, on the job-site at all times during the performance of contract work. In addition, if a Quality Control (QC) representative is required on the contract, then that individual must also have fluent English communication skills.

1.7.2 Superintendent Qualifications

The project superintendent must have a minimum of 10 years experience in construction with at least 5 of those years as a superintendent on projects similar in size and complexity. The individual must be familiar with the requirements of EM 385-1-1 and have experience in the areas of hazard identification and safety compliance. The individual must be capable of interpreting a critical path schedule and construction drawings. The qualification requirements for the alternate superintendent are the same as for the project superintendent. The Contracting Officer may request proof of the superintendent's qualifications at any point in the project if the performance of the superintendent is in question.

1.7.2.1 Duties

The project superintendent is primarily responsible for managing and coordinating day-to-day production and schedule adherence on the project.

The superintendent is required to attend NAVFAC Red Zone meetings, partnering meetings, and quality control meetings. The superintendent or qualified alternative must be on-site at all times during the performance of this contract until the work is completed and accepted.

1.7.3 Non-Compliance Actions

The Project Superintendent is subject to removal by the Contracting Officer for non-compliance with requirements specified in the contract and for failure to manage the project to insure timely completion. Furthermore, SECTION 01 30 00 Page 3 the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.8 PRECONSTRUCTION MEETING

After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the value engineering and safety program, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming, prosecution of the work, and clear expectations of the "Interim DD Form 1354" Submittal. Major subcontractors who will engage in the work must also attend.

1.8.1 Cybersecurity of Control Systems

Discuss Cybersecurity of building control system requirements and submittals as required for Section 25 05 11 CYBERSECURITY FOR

FACILITY-RELATED CONTROL SYSTEMS.

1.9 FACILITY TURNOVER PLANNING MEETINGS (NAVFAC Red Zone - NRZ)

Meet with the Government to identify strategies to ensure the project is carried to expeditious closure and turnover to the Client. Start the turnover process at the Pre-Construction Conference meeting with a discussion of the NAVFAC Red Zone (NRZ) process and convene at regularly scheduled NRZ Meetings. Include the following in the facility Turnover effort:

1.9.1 NRZ Checklist

a. Contracting Officer's Technical Representative (COTR) will provide the Contractor a copy of the NRZ Checklist template prior to 75 percent completion.

b. Prior to 75 percent completion add/delete critical activities to the NRZ Checklist template as necessary to match the project scope, and schedule critical activities and insert planned completion dates in the NRZ checklist for each critical activity. Present the NRZ Checklist to COTR and review during a regularly scheduled QC Meeting.

1.9.2 Meetings

a. Upon Government acceptance of the NRZ Checklist, the Project Superintendent is required to lead regular NRZ Meetings beginning at approximately 75 percent project completion, or three to six months prior to Beneficial Occupancy Date (BOD), whichever comes first.

b. The Contracting Officer will determine the frequency of the meetings, which is expected to increase as the project completion draws nearer.

c. Using the NRZ Checklist as a Plan of Action and Milestones (POAM) and basis for discussion, review upcoming critical activities and strategies to ensure work is completed on time.

d. Coordinate with the COTR any upcoming activities that require Government involvement.

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e. Maintain the NRZ Checklist by documenting the actual completion dates as work is completed and update the NRZ Checklist with revised planned completion dates as necessary to match progress. Distribute copies of the current NRZ Checklist to attendees at each NRZ Meeting.

1.10 EXPORT LICENSES FOR OVERSEAS PROJECTS

Obtain individual export licenses and project export licenses required by the Department of Commerce regulations (15 CFR 772 and 15 CFR 773) so that no delays are experienced in shipping from the United States of America to CNMI. For additional information, the Contractor may contact one of the U.S. and Foreign Commercial Service District Offices of the Department of Commerce which are located in almost every State, Guam, and CNMI.

1.11 WAIVER FOR WORKER'S COMPENSATION

In addition to "FAR 52.228-4, Workers' Compensation and War Hazard Insurance Overseas," the Secretary of Labor has granted a waiver. The waiver for the Territory of Guam applies to all classes of employees, including U.S. citizens.

1.11 PARTNERING

To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership within the Project Team whose members are from the Government, the Contractor and their Subcontractors. Key personnel from the Supported Command, the End User (who will occupy the facility), the Government Design and Construction team and Subject Matter Experts, the Installation, the Contractor and Subcontractors, and the Designer of Record will be invited to participate in the Partnering process. The Partnership will draw on the strength of each organization in an effort to achieve a project that is without any safety mishaps, conforms to the Contract, and stays within budget and on schedule.

The Contracting Officer will provide Information on the Partnering Process and a list of key and optional personnel who should attend the Partnering meeting.

1.11.1 Formal Partnering

Provide and host the Partnering sessions with key personnel of the Project Team, including Contractor personnel and Government personnel. Pay all costs associated with the Partnering effort including the Facilitator, the meeting room, and other incidental items. In exception, each participant bears their own costs for meals, lodging, and transportation associated with the Partnering sessions.

Before a Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note paper, pens/pencils, colored flash cards), and have these items available at the Partnering session. Provide copies of documents for distribution to all attendees. Provide a Facilitator experienced in conducting Partnering Workshops, and who is acceptable to both the Government and the Contractor. The Facilitator is responsible for leading the team in a timely manner and making sure that issues are identified and resolved. A list of Partnering Facilitators is available from the Contracting Officer.

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a. Schedule the Initial Partnering Session for a duration of one day minimum. Locate this session at a place on Saipan, as agreed to by the Contracting Officer and the Contractor. It may take place concurrently with the Pre-Construction Meeting.

b. Schedule follow-on Partnering Session(s) for a maximum of 4 hours.

Schedule them at no more than three to six month intervals.

Participants are encouraged to utilize electronic means to expedite meetings. Meetings may be held at a location off-Base, at the project site, or in a Government Facility on Base. Follow-on meetings may be held concurrently with other scheduled meetings. Attendees need only be those required to resolve current issues. Recommend using the same Facilitator from the Initial Partnering session to achieve best results and for continuity.

1.12 ELECTRONIC MAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. Within 14 calendar days after contract award, provide the Contracting Officer a single (only one) e-mail address for electronic communications from the Contracting Officer related to this contract including, but not limited to contract documents, invoice information, request for proposals, and other correspondence. The Contracting Officer may also use email to notify the Contractor of base access conditions when emergency conditions warrant, such as hurricanes or terrorist threats. Multiple email addresses are not allowed.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this email address.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

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SUPPLEMENTAL TEMPORARY ENVIRONMENTAL CONTROLS

Tinian Munitions Response Explosives Safety Submission (Tinian MRESS)

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. Contractor shall comply with all local Government requirements. When local and federal requirements conflict, the most stringent shall apply. For all references listed below, the most recent version at time of award of the construction contract or task order shall apply.

JOINT REGION MARIANAS (JRM)

Tinian MRESS Munitions Response Explosives Safety

Submission (MRESS), Tinian Construction Support

MRESS ANNEX ANNEX A-01 APSI Divert to Munitions Response

Explosive Safety Submission, Tinian Construction Support

NAVFAC Standards for ERSI Geodatabase format, version 10.1 as of Geographic Information System May 2014

DEPARTMENT OF DEFENSE (DOD)

EM-385-1-1 Safety and Health Requirements Manual, US

Army Corp of Engineers (USACE)

NOSSAINST 8020 (Series) Naval Ordnance Safety and Security Activity, Explosives Safety Review, Oversight, and Verification of Munitions Responses (U)

NAVSEA OP 5 (Volume 1) Naval Sea Systems Command, Ammunition and

Explosives Safety Ashore

DDESB TP-16 Department of Defense Explosive Safety Board, Technical Paper 16, Buried Explosive Module

(BEM)

DDESB TP-18 (Series) Department of Defense Explosive Safety Board, Technical Paper 18, Qualifications for UXO Technicians

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NOSSAINST 8023.11B Standard Operating Procedures, Development, Implementation, and Maintenance for Ammunition and Explosives

CNO Exemption E1-16B Chief of Naval Operations Explosives Safety

Exemption E1-16B dated 05 JAN 17

EM 385-1-97 Explosive- Safety and Health Requirements

Manual, US Army Corp of Engineers (USACE)

NOTE: Where the requirements provided in NAVSEA OP 5 and EM 385-1-97 are in conflict, NAVSEA OP 5 shall govern.

1.2 SUBMITTALS

Government acceptance 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 Specification Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

ESS Work Plan G

Comprehensive Community Relations Plan; G

Installation Commanding Officer (ICO) Notification; G Geographic Information System (GIS) Work Area Grid; G

Personnel Qualifications and Duties; G

Site Health and Safety Plan (SHSP); G

Occupancy, Population and Vehicle Survey; G

SD-06 Test Reports

QC Report; G

Munitions and Explosives of Concern (MEC)/Material Potentially Presenting an Explosive Hazard (MPPEH) Spot Report; G

Bedrock Determinations; G

SD-11 Closeout Submittals

GIS Data; G

After Action Report (AAR); G

1.2.1 Submittal Schedule

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Schedule and submit concurrently submittals covering component items forming a system or items that are interrelated. No delay damages or time extensions will be allowed for time lost in late submittals.

Except as specified otherwise, allow review period, beginning with receipt by accepting authority, to include 20 working days for submittals for Contracting Officer approval. Period of review for submittals requiring Government approval begins when the Government receives the submittal from the QC organization.

The review period for each resubmittal is the same as for the initial submittal.

1.3 Personnel Qualifications and Duties

Personnel shall meet the minimum qualification standards set forth in DDESB TP 18 and the Tinian MRESS, including training and experience requirements.

Duties are defined in DDESB TP 18 and the Tinian MRESS.

The team composition and size shall be in accordance with EM 385-1-97, Tinian MRESS, and per the requirements in the PRICE PROPOSAL SCHEDULE FOR RFP NO.

N62742-20-R-1313N62742-20-R-1322 of the SOLICITATION, OFFER AND AWARD FORM SF 1442. Skill and composition of the team(s) will be appropriate to the task being performed; this is to include Quality Control and Safety.

The Contractor shall provide the qualifications of all personnel at least three working days prior to commencing intrusive activities.

1.3.1 Unexploded Ordnance Safety Officer (UXOSO)

The UXOSO shall be responsible for implementing the Site Health and Safety Plan (SHSP) and the Accident Prevention Plan (APP). UXOSO must be on site, within the Exclusion Zone(s) or transiting between different teams, during anomaly investigation or any activity covered under the SHSP and APP.

The UXOSO may also perform duties of the UXOQCS. This position may be combined with the UXOQCS when there are fifteen (15) or fewer people on site. If this is done, it shall be designated in writing in the ESS work plan.

In the ESS work plan, designate a primary UXOSO. The contractor shall not deviate from the identified UXOSO without government notification and acceptance.

1.3.2 UXO Quality Control Specialist (UXOQCS)

The UXOQCS shall be responsible for implementing the Quality Control Plan.

The UXOQCS may also perform duties of the UXOSO when there are fifteen (15) or fewer people on site. If this is done, it shall be designated in writing in the ESS work plan. The UXOQCS shall not report to the SUXOS. The UXOQCS is responsible to ensure that the three phases of quality control (preparatory, initial, and follow-up) are properly implemented and shall inspect each definable feature of work by phase.

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If the ESS work plan identifies use of DGM or Advanced Technology / Munitions Classifier methodologies, either the UXOQCS or Geophysicist must be on site during data collection or activities covered in the QC Plan.

The UXOQCS is responsible for insuring proper implementation of the Geophysical System Verification process, installing an Instrument Verification Strip (IVS), and emplacing blind seeds. IVS shall be installed on a site-specific basis taking into account such factors such as; proximity to powerlines, roads, electromagnetic emitting towers and soil conditions.

In the ESS work plan, designate a primary UXOQCS. The contractor shall not deviate from the identified UXOQCS without government notification and

1.3.3 Senior UXO Supervisor (SUXOS)

The SUXOS is responsible to oversee all munitions response work. The SUXOS shall not operationally manage MEC/MPPEH efforts as part of another project while the UXO team is mobilized for this project. The SUXOS shall not perform any other role.

In the ESS work plan, designate a primary SUXOS. The contractor shall not deviate from the identified SUXOS without government notification and

1.3.4 Geophysicist

A qualified geophysicist is required for geophysical classification, DGM, Advanced Technology, and/or Munitions Classifier methodologies. This individual is the project geophysicist-of-record and has overall responsibility for design, implementation, and management of geophysical investigations required for the work effort related to military munitions.

The geophysicist is not required to be on-site full time during data collection; however, during DGM, either the UXOQCS or geophysicist must be on site.

1.3.5 UXO Technicians

UXO Technicians shall be provided by the contractor as needed based on site and project conditions. Training and experience shall be in accordance with DDESB TP 18 and Tinian MRESS and be commensurate with their assigned duties.

A copy of the qualifications for all UXO Technicians shall be maintained on-site during all MEC/MPPEH-related work activities.

1.4 ESS Work Plan General Requirements

The ESS Work Plan shall comply with the requirements of the Tinian MRESS, MRESS ANNEX and NAVSEA OP 5, be job-specific, and address any unusual or unique aspects of the project or activity for which it is written. The ESS

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Work Plan shall interface with the Contractor’s overall safety, health, and quality control programs. The Government considers the Prime Contractor to be the “controlling authority” for all work site safety, health, and quality control implementation of the subcontractors. Contractors are responsible for informing their subcontractors of the safety and quality provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention and quality control responsibilities are being carried out. The contractor shall implement the three phases of quality control. The ESS Work Plan shall be signed by the project superintendent, the project QC Manager, the project SSHO, the UXOSO, UXOQCS, SUXOS, and geophysicist (DGM ESS Work Plan only).

Once accepted by the Contracting Officer, the ESS Work Plan and attachments will be enforced as part of the contract. Only when the ESS Work Plan is accepted shall the contractor be permitted to begin remediation activities.

Contractor's failure to execute work in accordance with the approved ESS Work Plan will be cause for non-compliance with the contract. Any costs or delays associated with full resolution will be the contractor's responsibility.

Once work begins, changes to the accepted ESS Work Plan shall be made with the knowledge and concurrence of the Contracting Officer and Government MEC Quality…