Solicitation Package W912P420T0014_26May2020.pdf

W912P420T0014

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Cleveland Demo/Remod

FFP

Cleveland Reservation 2nd Floor demo/remodel. Complete work as stated in the Statement of Work which is attached.

FOB: Destination

NET AMT

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30-September-2020. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2019).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (MAR 2020)

(a) Definition. See 13 CFR 125.1 and 126.103 for definitions of terms used in the clause.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside, or awarded on a sole source basis to, HUBZone small business concerns;

(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small business concerns;

(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to HUBZone small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) General.

(1) Offers are solicited only from HUBZone small business concerns. Offers received from concerns that are not HUBZone small business concerns will not be considered.

(2) Any award resulting from this solicitation will be made to a HUBZone small business concern.

(d) Limitations on subcontracting. The Contractor shall spend--

(1) For services (except construction), at least 50 percent of the cost of contract performance incurred for personnel on its own employees or employees of other HUBZone small business concerns;

(2) For supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, on the concern or other HUBZone small business concerns;

(3) For general construction--

(i) At least 15 percent of the cost of contract performance incurred for personnel on its own employees;

(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors; and

(iii) No more than 50 percent of the cost of contract performance incurred for personnel on concerns that are not HUBZone small business concerns; or

(4) For construction by special trade contractors--

(i) At least 25 percent of the cost of contract performance incurred for personnel on its own employees;

(ii) At least 50 percent of the cost of the contract performance incurred for personnel on its own employees or on a combination of its own employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel on concerns that are not HUBZone small business concerns.

(e) A HUBZone small business contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) or (2) of this clause--

[Contracting Officer check as appropriate.]

___ By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraph (b)(3) or (4) of this clause, by the end of the performance period for the order.

(f) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause shall be performed by the aggregate of the HUBZone small business participants.

(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

(a) Definitions. As used in this contract--

HUBZone small business concern means a small business concern, certified by the Small Business Administration, that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(d)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management or by contacting the SBA. Options for contacting the SBA include--

(i) HUBZone small business database search application Web page at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or http://www.sba.gov/hubzone;

(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC 20416; or

(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.

52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)

(a) Definitions. As used in this clause--

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

Rev. 14 MAY 2020

Scope of Work USACE Cleveland Reservation

2nd Floor Demo-Remodel & Warehouse Electrical

1. WORK TO BE PERFORMED

a. General Scope of Work. Work consists of demolition, cleaning, and refurbishing the second floor office building (Building 1) and correcting warehouse and fabrication building electrical panel safety issues. All work will be done to ensure the facility meets local, Federal, and State codes. All work will be required to meet the Unified Facilities Criteria (UFC) 1-200-02, High-Performance and Sustainable Building Requirements, REV.

1 Oct 2019. Work includes, but is not limited to: demolition and rebuilding of walls, ceiling and floors; demolition and restoration of the electrical system (outlets, panels, light fixtures); removal of existing electrical panels; installation of new electrical panels.

b. Description of Work Required. The work shall consist of the inspection, demolition, cleaning and refurbishing of the following components/features to meet Federal and State codes as well as UFC 1-200-02:

i. Location: Second floor, west side construction office area in Building Number 1.

Refer to enclosed Floor Plans and Photos 1-20.

1. Remove and dispose of carpet system, including any pad, in the rooms where it has been installed on top of the asbestos floor tile. Total area of carpet removal is approximately 400 square feet. After removal of the carpet, abate, remove, and dispose of all asbestos floor tile and associated mastic or glue in accordance with all applicable regulations.

Area of asbestos floor tile removal is approximately 1250 square feet.

Upon completion of this work the removal area shall be ready to receive new tile. The government will remove all furniture, supplies and equipment from the area prior to the start of work.

2. Furnish and install new Vinyl Composition Tile flooring system. Tiles shall be 12” square, 1/8” thickness. Tile color or pattern shall be as approved by the COR, with color or pattern uniformly distributed throughout the thickness of the tile. Submit samples for approval. The area of asbestos tile removal and wall demolition shall be completely covered by the new tile. Furnish and install thresholds as needed at edges of tiled area where adjacent to untiled flooring. Furnish and install new wall base as needed where tiled area is adjacent to walls that are to remain. Area to be tiled is approximately 1250 square feet.

3. Remove and disposal of walls between construction office area and kitchen. There are two load bearing columns within the limits of wall removal. These columns shall not be removed, and shall be protected during construction. Live electrical and data circuits (conduit, wire, and receptacles) exist in or on the walls. Prior to wall demolition, these circuits shall be safely disconnected and terminated with junction boxes or other appropriate elements installed at the limits of demolition.

Components of the electrical and data circuits in or on the walls shall be removed and disposed of, except that salvageable components shall be delivered to the COR. Area of wall removal is approximately 460 square feet (46 ft length x 10 ft height). Restore the floor within the footprint of removed wall to prepare it to accept the new tile flooring. Restore the ceiling and exterior wall as needed adjacent to the wall removals to match surrounding wall and ceiling surfaces. There is existing hung ceiling outside the footprint of the walls that are being removed.

Furnish and install additional hangers as needed to support the hung ceiling where currently supported by the walls that are being removed.

4. After wall demolition, paint the two load bearing columns with two coats of interior latex paint. Columns are approximately 12 inches square and 10 ft tall. Paint color and finish shall be as approved by the COR. Submit samples for approval.

ii. Location: Building 4 (fabrication shop). Refer to enclosed Photos 21-38.

1. Panel 1: Disconnect, remove and dispose of the existing 120/240V, 125A single phase panel, and the 240V single phase combination motor starter that serves the rooftop exhaust fan. Refer to photos 23-25.

2. Panel 1: Furnish and install a new 120/240V, 125A single phase panel with new breakers in the location of the old panel. Provide new breakers for the two existing 110V circuits that are being relocated as described below. Furnish and install a new 240V single phase combination motor starter for the existing rooftop exhaust fan.

Reconnect all existing circuits and the new motor starter to the new panel, and reconnect the rooftop exhaust fan to the new motor starter.

Refer to photos 23-25.

3. Panel 2: Disconnect, remove, and dispose of the existing 240V, 400A 3-phase panel board. Refer to photos 32-33.

4. Panel 2: Furnish and install a new 240V, 400A 3-phase panel board with new breakers in the location of the old 3-phase panel board. Reconnect all existing branch circuits to the new breakers, with the exception of the two 110V circuits that are to be relocated (see below). Refer to photos 32-33.

5. Remove two existing 110V circuits from original 240V, 400A 3-phase panel (Panel 2) and relocate using new conduit raceway and new branch circuit wiring. The relocated circuits shall be fed from Panel 1 instead of Panel 2. Length of the existing circuits to be removed is approximately 150 ft. The path for routing of the new circuits shall be proposed by the Contractor, and approved by the COR prior to construction. For cost estimating purposes, the required length of each new circuit shall be assumed not to exceed 100 feet. Refer to photos 26-31.

6. Install the existing unenclosed wiring for a single phase 240V circuit into a new one inch conduit from ceiling location to new single phase Panel 1 and install a new 20A 240V breaker for this circuit in the panel.

Inspect the wiring prior to installation, and advise the COR immediately if it is not in good condition or otherwise does not meet code. Length of conduit needed is approximately 40 feet. This connection is for the server room wall mounted HVAC unit. Refer to photos 21 and 22.

iii. Location: Building 3 (warehouse) Refer to enclosed Photos 39-42.

1. Disconnect, remove, and dispose of the existing 120/240v, 125A single phase panel and breakers. Refer to enclosed Photos 39-42.

2. Furnish and install a new 120/240v, 125A single phase panel with new branch circuit breakers in the location of the old panel, and reconnect all existing branch circuits. Refer to enclosed Photos 39-42.

c. Test and label all existing branch circuits in all new panel boards in the fabrication shop and warehouse.

d. All new panels shall be labeled with required arc-flash hazard warnings. Any required exclusion areas / safety areas and “keep clear” areas needed adjacent to the new panels shall be marked and labeled on adjacent floors and walls as applicable.

e. All materials, supplies, or articles required for work shall be in compliance with all applicable NFPA 70 National Electrical Code (NEC), National Electrical Safety Code (NESC), IEC, OSHA, and UL listed. All materials shall be new and unused, unless otherwise specified.

f. Only qualified electrical personnel are permitted to work near energized circuits.

Personnel working on high voltage must use Personal Protective Equipment (PPE) that includes, as a minimum, electrical hard hat, safety shoes, insulating gloves and electrical arc flash protection for personnel as required by NFPA 70E. Prior to beginning any work conduct a hazard analysis / arc flash hazard analysis on or near energized parts greater than 50 volts in accordance with NFPA 70E. All personnel entering identified arc flash protection boundaries must be qualified personnel and properly trained in NFPA 70E requirements and procedures. No unqualified person is permitted to approach nearer than the limited approach boundary of energized conductors and circuit parts.

g. Some of the work required may need to be performed at heights, for instance installation of electrical circuits in the fabrication shop. Adequate measures shall be taken to ensure fall protection for workers exposed to heights, and all such workers shall have fall protection training.

h. All materials from demolition and construction shall be removed from the site by the contractor and disposed of in accordance with Federal, State, and local requirements and regulations.

i. All work shall be performed in compliance with UFGS 01 35 26 Government Safety

Requirements, Attachment 01.

j. All asbestos work shall be performed in accordance with UFGS 02 82 00 Asbestos Remediation (November 2018), Attachment 02.

k. Abatement, removal, and disposal of all asbestos containing materials shall be performed by an Asbestos Abatement Contractor licensed by the State of Ohio.

l. Final Inspection- The work shall be inspected for conformance to the SOW. In addition, damage to the buildings, grass areas, fencing, or any other government property shall be repaired to the satisfaction of the Government or replaced in kind.

m. Risk and Liabilities:

i. The Contractor shall assume all risks in connection with performance and delivery of the work and shall be liable for and hold the Government harmless from any and all damages to persons and properties.

ii. The contractor shall provide certificates of insurance, a copy of current Workers Compensation certificate and optionally a Performance Bond (if requested).

n. Health and Safety – All work under this contract shall be performed in accordance with the current edition of the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The manual is available online at:

http://www.usace.army.mil/CESO/Pages/Home.aspx

o. The systems installed shall be installed, including related components, without impairing the structural integrity or damaging the existing buildings or structures. The methods of installation or attachment shall be specified as part of the proposal.

p. Work Hours. The Contractor shall determine the typical work day for his workers on site and coordinate with the Contracting Officer’s Representative (COR) for approval. The contractor may work between 0700 and 1530, Monday through Friday. Weekends and holidays are not available as work days unless approved by the COR. Requests to work weekends or holidays must be submitted in writing to the COR at least 48 hours in advance. Project conditions shall be such that installation of all of the components is done at a time when conditions are not detrimental or adverse to normal operations on the Reservation. Contractor shall schedule work and provide necessary temporary constructions means to maintain normal operations. Contractor will have to coordinate any service shut-downs with the Contracting Officer. Clean-up operations shall be performed on a daily basis. All materials, scrap and debris shall be removed from the site daily.

http://www.usace.army.mil/CESO/Pages/Home.aspx

q. Site Access – The Contractor shall coordinate access to the project site with the COR.

Contractor personnel information including, but not limited to, names, addresses, and social security numbers, shall be provided to the COR upon request.

r. Submittals – Submittals shall be sent to the COR for review and approval. The Contractor shall allow seven (7) calendar days for Government review of submittals.

Costs for producing these submittals shall be included in Bid.

s. The project cannot proceed until all preconstruction submittals required under this contract have been reviewed and approved by the Buffalo District Contracting Officer:

i. Preconstruction Submittals:

1. Contractor Work Plan and Abatement Plan (required in Proposal)

2. Accident Prevention Plan (APP), including an Asbestos Abatement Plan

3. APP Checklist (Attachment 03)

4. Activity Hazard Analysis (AHA); (see Attachment 04 for format)

5. Proof of qualifications for a designated Competent Persons/Site Safety and Health Officer(s) (SSHO): Qualifications - to include proof of LOTO competency and a resume including three (3) years of consecutive similar project experience managing or supervising safety, 30-hour OSHA construction safety class, First Aid and CPR certification for at least 2 or more persons per shift, and other competent person training as needed. Proof of qualified electrical persons. Present qualifications in resume format with certification(s).

6. Licenses and certifications for asbestos work

7. Insurance

8. Submittal Register

9. Material submittals (paint and tile samples)

ii. Submittals During Construction:

1. Accident Reports via ENG Form 3394 Accident Investigation Report

(Attachment 05)

2. Monthly Man-Hour Exposure Reports by the 5th day of each month

(Attachment 06)

t. All Contractor accidents involving injuries, illnesses or property damage, occurring during the execution of this contract shall be reported to the USACE COR within 4 hours of the contractor becoming aware of its occurrence. Notification will include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). The USACE initial contact must be made personally (telephone or email messages only are not acceptable) to one of the following:

• Contracting Officer Representative (COR): Matthew Owen; work (216) 685- 1202; Email Matthew.K.Owen@usace.army.mil

• Chief of Ohio Area Office: Gregory Krzys; work (216) 685-1203; mobile (951) 970-6823; Email: Gregory.A.Krzys@usace.army.mil

• Contracting Officer: Tyrone Palaganas; work (716) 879-4126; mobile (716) 597- 9617; Email: tyrone.b.palaganas@usace.army.mil

u. Work shall not begin until the required safety submittals have been submitted and accepted by, the USACE Buffalo District Contracting Officer or COR. In the APP, the Contractor shall avoid providing material of a general nature not specifically related to this project or site. Previous versions of existing off-the-shelf APP’s are not acceptable. The APP shall be prepared following the format found in USACE publication U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual EM 385- 1-1, Appendix A. The following documents shall be considered in the preparation of the

APP:

i. USACE EM 385-1-1 (30 NOV 2014) Safety and Health Requirements Manual

ii. UFGS-01 35 26 (NOV 2015) Governmental Safety Requirements

iii. USDOL OSHA 29 CFR 1926 Safety and Health Regulations for Construction

iv. USDOL OSHA 29 CFR 1910 General Industry Safety and Health Standards

v. UFGS-02 82 00 Asbestos Remediation

Given the nature of the work, the Contractor shall consider whether a Respiratory Protection Plan or Silica Exposure Plan need to be included in the APP. An Asbestos Abatement Plan is required to be included in the APP.

During the performance of work, the contractor shall comply with procedures prescribed for control and safety of persons visiting the site. Contractor is responsible for his personnel and for familiarizing each of his subcontractors and all visitors with safety requirements. Contractor shall advise the Contracting Officer of any special safety restriction he has established so that Government personnel can be notified of these restrictions. All waste materials generated by contractor operations shall be promptly removed from the site. No on-site disposal will be allowed. Waste material generated by the contractor during the life cycle of the project shall be legally disposed of in public or private disposal facilities off-site at no additional cost to the government.

The contractor shall not use photo or video equipment during the execution of this project unless prior permission to do so has been obtained from the government.

v. A SSHO shall be present on-site whenever project-related construction work is being executed. The SSHO can have collateral duties (e.g. QA, QC, supervision). The contractor shall permit safety inspections of all work being performed.

w. Protection of Existing Structures and Underground Utilities – The project site is within the property limits of the Ohio Area Office. It is the Contractor’s responsibility to protect the existing structures, inclusive of exposed and buried utilities and security fence from damage due to his operations. The Contractor shall repair, at his own expense, any damage to existing structures or to utilities to their preconstruction condition and to the satisfaction of the COR.

x. All existing utilities will be verified by the contractor. Lock-Out Tag-Out (LOTO) procedures shall be utilized.

y. Staging and Storage Areas – The Contractor shall stage and store materials to be used in the work within the agreed upon limits of the area. Exact limits shall be confirmed in the field by the COR. The staging area shall be restored to pre-existing conditions upon completion of the proposed work.

z. Manuals & As-builts. Contractor shall furnish 1 hard copy and 1 electronic copy (CADD format) of as-built plans covering the facility renovations. Contractor shall also furnish an operations and maintenance manual covering the main components of the rehabilitation work. Any testing and balancing reports shall be a part of this manual.

aa. Warranties. Contractor shall provide for a one (1) year warranty over all work in the facility covering workmanship and all materials. Contractor shall also provide copies of any manufacturer’s warranties for purchased equipment/systems.

2. QUALITY OF MATERIALS

All materials, supplies, components or articles required for the work shall be standard products of reputable manufacturers and entirely suitable for the purpose intended. They shall be new and unused, unless otherwise specified, and will be subject to the approval of the Contracting Officer or his designated official (COR). Contractor must meet conditions of Buy American Act.

3. RISKS AND LIABILITIES

The Contractor shall assume all risks in connection with performance and delivery of the work and shall be liable for and hold the Government harmless from any and all damages to persons and properties.

4. CONTRACT DURATION

All work shall be completed by 30 September 2020. The time stated for completion shall include final clean‐up of the premises.

5. ANTITERRORISM AND OPERATIONS SECURITY

a. Access and General Protection/Security Policy and Procedures

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

b. Pre-screen candidates using E-Verify Program

The Contractor must pre-screen candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that all contractors working on this contract have two valid forms of Government issued identification prior to entering the information in E-Verify. The vendor must ensure the correct information is entered into the E-verify system. An E-Verify verification sheet for each verified/eligible contractor candidate, working on this contract, must be provided to the COR no later than 3 business days after the initial contract award. (The purpose of using E-Verify is to ensure all contractors are U.S. citizens or documented foreign citizens with authority to work in the United States of America). The COR will forward the verification sheets to the USACE, Buffalo District Security Office for validation.

Columns to remain

Walls to be removed ACM tile to be removed

Carpet & ACM to be removed

ACM tile to be removed

Carpet & ACM to be removed

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2nd Floor Demo-Remodel & Warehouse Electrical CLEVELANDOFFICE

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 35 26

GOVERNMENTAL SAFETY REQUIREMENTS

11/15

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Competent Person (CP)

1.2.2 Competent Person, Fall Protection

1.2.3 Competent Person, Scaffolding

1.2.4 Competent Person (CP) Trainer

1.2.5 High Risk Activities

1.2.6 High Visibility Accident

1.2.7 Medical Treatment

1.2.8 Near Miss

1.2.9 Operating Envelope

1.2.10 Qualified Person (QP)

1.2.11 Qualified Person, Fall Protection (QP for FP)

1.2.12 USACE Property and Equipment

1.3 SUBMITTALS

1.4 MONTHLY EXPOSURE REPORTS

1.5 REGULATORY REQUIREMENTS

1.6 SITE QUALIFICATIONS, DUTIES, AND MEETINGS

1.6.1 Personnel Qualifications

1.6.1.1 Site Safety and Health Officer (SSHO)

1.6.1.1.1 Additional Site Safety and Health Officer (SSHO)

Requirements and Duties

1.6.1.2 Competent Person Qualifications

1.6.1.2.1 Competent Person for Scaffolding

1.6.1.2.2 Competent Person for Fall Protection

1.6.1.3 Qualified Trainer Requirements

1.6.2 Personnel Duties

1.6.2.1 Duties of the Site Safety and Health Officer (SSHO)

1.6.3 Meetings

1.6.3.1 Preconstruction Conference

1.6.3.2 Safety Meetings

1.7 ACCIDENT PREVENTION PLAN (APP)

1.7.1 Names and Qualifications

1.7.2 Plans

1.7.2.1 Fall Protection and Prevention (FP&P) Plan

1.7.2.2 Rescue and Evacuation Plan

1.7.2.3 Hazardous Energy Control Program (HECP)

1.7.2.4…