Solicitation - W912LR26QA041.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Section A - Solicitation/Contract Form

Purchase and Installation of Exhaust System for Bldg. 148 Dining Facility at Fort Instrument Name:

Allen

Product Service Code : Z2FD

W912LR26QA041

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Purchase and Installation of Kitchen Hood System with Integrated Fire Suppression System Puerto Rico National Guard - Military Dining Facility, Building 148 FATC Place of Performance: Dining Facility, Building 148, Fort Allen Training Center, JUANA DIAZ (PUERTO RICO) Period of Performance: 180 days after issue of Notice to Proceed Project Number: 431850

Product Service Code: Z2FD

North American Industry Classification System (NAICS):

238220

Claimant Program Code: S1

Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Section C-1 - General Requirements and Conditions Affecting Work

1. INSURANCE - MINIMUM AMOUNTS

1.1. Reference Contract Clause titled, "Insurance - Work on a Government Installation (RFO 52.228-5). Types and minimum amounts are as follows:

Table 1 - Insurance Tables and Minimum Coverage

Type of Insurance Amounts (Coverage)

Workmen's Compensation $100,000 (see paragraph 1.2, below)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

Builder's Risk Insurance Contractor shall procure and maintain Builder's Risk (Course of Construction) insurance on an "all-risk" basis for the full replacement cost value of the project

1.2. Except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. Puerto Rico uses a monopolistic and exclusive state fund system for workers' compensation insurance. The Corporacion del Fondo del Seguro del Estado (CFSE), also known as the State Insurance Fund Corporation (SIFC), is the sole insurance provider for Workmen's Compensation in Puerto Rico.

All employers must purchase their coverage directly from the government-run CFSE/SCIF. Private insurance companies are legally prohibited from selling workers' compensation policies on the island, and employers are not allowed to self-insure.

1.3. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain

W912LR26QA041

https://www.cfse.pr.gov/en/sobre-nosotros a copy of all subcontractors' proofs of required insurance and shall make copies available to the Contracting Officer upon request.

1.4. In accordance with FAR 52.236-7 (Permits and Responsibilities), the Contractor is responsible for all materials delivered and work performed until completion and acceptance of the entire work. Therefore, the Contractor shall procure and maintain Builder's Risk (Course of Construction) insurance on an "all-risk" basis for the full replacement cost value of the project. The Government WILL NOT provide Builder's Risk insurance or indemnify the Contractor for property loss or damage during construction.

2. BONDS AND PAYMENT PROTECTIONS

This requirement is subject to statutory construction bonding and payment protection thresholds. Depending on the final quoted price of the selected vendor, the following requirements must be met upon written acceptance of the purchase order and prior to the commencement of work.

The successful quoter shall submit both a Performance Bond (SF 25) and a Payment Bond (SF 25A) in accordance with RFO 52.228-15 within ten (10) calendar days of purchase order issuance and acceptance. "Alternative payment protections" are prohibited for National Guard Construction projects per Agency policy.

3. SCHEDULING

3.1. Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer's Representative (COR) five (5) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

3.1.1 Work Outside Normal Base Hours: Requests to work outside of normal hours must be submitted in writing to the COR a minimum of 2-weeks in advance. Approval is at the sole discretion of the Government. Should the request be approved, the Contractor shall be responsible for reimbursing the Government for all costs associated with inspector overtime, at the rates provided by the Contracting Officer.

3.2. The following Federal legal Holidays are observed by this base:

New Year's Day 1 January Martin Luther King's Birthday Third Monday of January President's Day Third Monday of February Memorial Day Last Monday of May Juneteenth 19 June

Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran's Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

3.3. NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

3.4. Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or the Contracting Officer's Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer's Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.

3.5. The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade.

4. INVOICING AND PAYMENT

4.1. Properly prepared invoices, bearing the contract number, shall be submitted electronically to the Contracting Office through the COR on the designated invoice forms provided at the pre-construction meeting PRIOR to uploading in Wide Area Workflow (WAWF) the DFAS paying system. This submission will be for review prior to submitting an electronic invoice through Wide Area Workflow (WAWF). See end of this Section for important information and codes needed.). Payment will be made by in accordance with RFO clause 52.232-5 Fixed-Price Construction Contracts and RFO clause 52.232-27, Prompt Payment for Construction Contracts, all payments will be made by electronic transfer of funds (EFT).

4.2. To meet compliance with DFARS RFO 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF. For more information on the WAWF system, including how to register, visit https://wawf.eb.mil. Payment will be made by paying office specified in the contract award in accordance with the clauses Payments under Fixed-Price Construction Contracts, RFO 52.232-5, and Prompt Payment for Construction Contracts, RFO 52.232-27.

4.3. The Government will make payment through WAWF upon satisfactory completion of work AND receipt of a proper certification for payment. Do not input invoice into WAWF until the pre-approval of invoice is received from the contracting officer. This will lessen the need for rejections in WAWF.

4.4. All requests for payments through WAWF must include a Subcontractor Payment Register (when applicable see RFO 19.109(a)(1), 19.109(b)(1) and 19.109(e)(i)) pursuant to RFO Clause 52.232-5 and a contractor's certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that -

The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and This certification is not to be construed as final acceptance of a subcontractor's performance.

4.5. The Government will make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements.

4.6. A release of claims is required for all final payment requests and shall be submitted by the contractor with the final invoice (see clause RFO 52.232-5(h)).

5. CONTRACT ADMINISTRATION

5.1. The contracting office of the United States Property & Fiscal Office for Puerto Rico, Purchasing & Contracting Division (USPFO PR P&C) is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer's Representative (COR), consultant, and point of contact at the project site will be provided at the post-award/pre-construction conference.

5.2. All correspondence shall be addressed to the Contracting Officer. A copy of all correspondence shall be furnished to the contracting officer's representative. Enclosures attached to or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall reference the contract name, contract number, project number, and project title, and shall have only one subject. For tracking purposes, a sequential numbering system should be used for all correspondence.

6. PAPERLESS CONTRACTING

6.1. The National Guard is fully committed to the Federal Government's electronic commerce and paperless contracting initiatives. As such, it is anticipated that to the maximum extent possible to include but not limited to correspondence, modification distribution, etc., to include specifications and drawings, will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner.

6.2. Additionally, it is anticipated that within the life of this contract, other electronic processes will be enacted.

These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing.

When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

7. TELEPHONE COMMUNICATIONS SECURITY MONITORING

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

Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations.

7.2 The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a DOD organization, they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.

8. UTILITY SERVICES

8.1. The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge, contingent upon the contractor's strict adherence to the responsible use policies outlined in this section. Failure to adhere to these policies will result in charges as specified in paragraph 8.11. The contractor is responsible for installing temporary service outlets, as necessary, at its expense in accordance with FAR Clause 52.236-14, Availability and Use of Utility Services.

8.2. The Government may provide access to existing utilities within the premises of the project site. The Government does not provide temporary connections. The contractor shall provide all labor, material, and equipment necessary to connect to the existing infrastructure.

8.3. The contractor shall make all necessary connections, including providing backflow-preventing devices on connections to domestic water lines, providing meters, providing transformers, and executing final disconnections. Under no circumstances will taps to base fire hydrants be allowed for obtaining domestic water.

8.4. The Government will not maintain these temporary connections. The contractor must provide and maintain all necessary temporary connections, distribution lines, meters, and meter bases required to measure the amount of each utility used for the purpose of monitoring and compliance with responsible use policies.

8.4.1. The contractor is required to provide a utility meter for each utility connection used for monitoring purposes. The contractor shall instruct all employees and subcontractors in utility conservation practices. Meters shall measure water consumption in cubic meters and electrical consumption in kilowatt-hours (kWh). All temporary electrical service shall comply with NFPA 70, Article 590.

8.5. Installation of temporary or portable standby generators to support commercial power in case of emergencies requires prior coordination and approval. The contractor shall complete temporary connections, utilities, meters, and fixtures and put them into use only after receiving inspection and approval from the Government.

8.6. The Directorate of Public Works (DPW), Camp Santiago Joint Training Center, is responsible for reviewing and inspecting these connections. The contractor shall coordinate with the Contracting Officer's Representative (COR) in advance, but no later than five (5) business days prior to the intended date to put the temporary utilities and connections into use.

8.7. The contractor shall operate under conditions that preclude the waste of utilities, which includes, but is not limited to, turning off water faucets or valves immediately after use and eliminating unnecessary electrical loads during non-working hours.

8.8. The Government will conduct, either independently or jointly with the contractor, monthly inspections and meter readings to ensure compliance with the responsible use of utilities. Prior to the end of each month, the Government will review the meter readings to verify that consumption levels are commensurate with the current phase and scope of construction activities.

8.9. Before completion of the work and final acceptance by the Government, the contractor shall notify the Contracting Officer in writing ten (10) working days prior to final disconnection from utilities. The Government will take a final meter reading and observe the disconnection of the service and removal of the meters by the contractor. The contractor shall then remove all temporary distribution lines, meter bases, and associated equipment.

8.10. The availability of utilities is provided for the convenience of the Government and requires diligent monitoring and discipline to ensure they are used responsibly and in direct benefit of this project. Utilities are provided "as-is" without guarantees. The contractor is informed that intermittent outages or loss of utilities are beyond the Government's control. The contractor remains solely responsible for ensuring sufficient equipment and alternative utility sources are available so that satisfactory progress is not unreasonably delayed (e.g., providing portable generators or water trucks).

8.11. Enforcement of Responsible Use: Should the Government determine, based on meter readings and site observations, that utility consumption is excessive, wasteful, or disproportionate to the construction activities being performed, the Contracting Officer will issue a written warning to the contractor. If the excessive consumption is not corrected within ten (10) business days of the warning, the Government reserves the right to revoke the "without charge" provision and begin charging the contractor for all subsequent consumption at the rates outlined below.

8.11.1. Water Utilities Rate: When charged, water consumption will be billed by the Government at the following rates:

0 to 100 cubic meters at $5.34 per cubic meter

101 to 200 cubic meters at $6.12 per cubic meter

Over 200 cubic meters at $7.41 per cubic meter

8.11.2. Electrical Utilities Rate: When charged, electricity consumption will be billed by the Government at the rate of $0.297 per kWh.

8.12. The contractor shall pay all outstanding invoices for charged utilities (if applicable) prior to final payment.

Delays associated with utility disconnection due to irresponsible use, or delays caused by intermittent commercial outages, shall not constitute an excusable delay, as these events are not considered beyond the fault or negligence of the contractor under FAR Clause 52.249-10(b), Default (Fixed-Price Construction).

9. PREPARATION OF MATERIAL APPROVAL SUBMITTALS

9.1 The contractor shall submit all materials and articles requiring approval, as required by the Material and Workmanship Clause, RFO 52.236-5. Submittals shall be made using ENG Form 4026 or approved FORM.

Submittals shall be processed in accordance with the procedures in Section 01 33 00, Submittals. Submittals shall be given a distinct identification system by CLIN if multiple CLINs are applicable.

9.2 Individual submittal documents shall not be comprised of items for more than one CLIN. Address for delivery of submittals will be provided at the post award/pre-construction conference. The contractor is reminded that an individual within the company who has authority to make the certification must sign the certification on the ENG Form 4026 or provided equivalent.

9.3 The contractor is reminded that the worked performed before approval of submittals is at contractor's risk and approval of submittals does not relieve the contractor from responsibility for any errors or omissions nor from the responsibility of compliance with contract plans and specifications (see RFO 52.236-21(h))

9.4 See specification

10. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS

10.1. A weekly meeting may be held with the Contractor, COR and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders. The Contractor shall attend these meetings at no additional cost to the Government. Prior to beginning work on specific work elements of a project, the contractor shall confer with the COR and agree on a sequence of procedures and means of access to premises and buildings; space for storage of materials and equipment; delivery of materials; and use of approaches, use of corridors, stairways and similar means of passage. The contractor must coordinate at a minimum a monthly progress meeting prior to the end of the invoicing month (last business day of the month). Meetings may be conducted at an increased frequency (weekly, bi-weekly) depending on the construction progress schedule and direction of the Government.

10.1.1. In accordance with RFO Clause 52.236-15, "Schedules for Construction Contracts", the contractor shall within five days after work commences on the contract, or another period of time determined by the KO, prepare and submit to the KO for approval three copies of a practicable schedule showing the order in which the contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing features of work.

10.1.1.1. A composite schedule for the overall contract shall also be provided. The schedule shall be on a National Guard Bureau (NGB) Contract Progress Schedule, ENG Form 93, or an approved computer-generated similar format. The work shall be scheduled so that, upon the start of construction, work progresses in a continuous and diligent manner.

10.1.1.2. A schedule which does not reflect steady and reasonable progress throughout the construction period will be rejected. Both the Contractor and the COR are required to provide monthly progress reports covering the period from notice to proceed through final inspection. Unless agreement cannot be made on the applicable percentage of progress a joint report will be submitted to the Contracting Officer.

10.1.1.3. These reports shall be submitted on the NGB Contract Progress Report form (for example, ENG Form 93 or AF Form 3065), or an approved computer-generated similar format. These reports shall track progress by CLIN, if contract contains multiple CLINs, multiple Contract Progress Reports (either AF Form 3064, ENG Form 93 or approved equivalent) will also be required for payment purposes.

10.1.1.4. In addition to the Project Schedule, the contractor shall include a Schedule of Values (Bill of Quantities) to allow the Government to assess invoices submitted to actual progress. Bonds (Payment and Performance) shall be listed first, with the other lines of the Schedule of Values correlating to the Construction Project Schedule. The contractor shall also include a line item for preparation of the DD1354 (see paragraph 33 - Real Property Data). Schedule of Values shall include the salient characteristics of the project, with each element assigned a percentage value in relation to the total project's firm fixed price. Contractor is advised not to divide the schedule of values in a way that may indicate an advanced payment or frontloading of high cost activities, and should match the actual cost of progress in relation to the project schedule.

10.2. Additionally, for projects exceeding $1M, the contractor shall provide a project plan in a commercially available network scheduling software that meets requirements of the specification to define work tasks and track progress. At least five days prior to work initiation, the contractor shall provide the Contracting Officer a copy of the plan that shall include definition of resources. No work may start until the Contracting Officer approves the plan in writing.

10.3. The Contractor shall prepare a work progress schedule required for completion of each of the various divisions of work. Updated plans and approved progress report showing work progress shall be provided monthly basis, unless otherwise indicated by the Contracting Officer. Schedules shall retain baseline as initially approved, and the baseline schedule shall be used as a comparison for deviations or delays. If there are possible deviations from the original plan, those must be noted and approved by the Contracting Officer before work changes are implemented. The schedule shall be submitted to the Contracting Officer, in the number of copies as directed. Reference Contract Clause RFO 52.236-15, "Schedules for Construction Contracts". The reports contemplated by the clause herein titled "Schedules for Construction Contracts" shall be accomplished on and in accordance with instructions pertaining to National Guard Bureau (NGB) Contract Progress Schedule format, ENG Form 93, or an approved computer-generated similar format.

11. NOTICE OF COMPLETION OF CONSTRUCTION/PRE-FINAL AND FINAL INSPECTION

11.1. The contractor shall conduct a pre-final inspection in the presence of the Contracting Officer's Representative (COR) prior to the date scheduled for Final Inspection. Any discrepancies noted shall be corrected prior to Final Inspection.

11.2. The contractor shall request scheduling of a final inspection in writing to the Contracting Officer at least five

(5) working days prior to the desired date or as otherwise negotiated with the Contracting Officer.

11.3. Personnel from the Construction & Facilities Management Office (CFMO), Engineering Division, the End User, the COR, and the Contracting Officer will perform the Final Inspection in the presence of the contractor, and any discrepancies noted shall be corrected within the time specified by the Contracting Officer.

11.4. Final Inspection shall not constitute acceptance of a project unless so stipulated by issuance of a separate acceptance notice.

11.5. The contractor is cautioned to ensure they have completed adequate Quality Control reviews prior to scheduling pre-final or final inspections. In the event the Contracting Officer finds that the project is not ready for the applicable inspection, (too many discrepancies) the contractor may be held liable for the costs of a repeat inspection. If the inspection involves A-E personnel these costs may include additional labor, travel and miscellaneous expenses.

12. DESIGNATION OF TECHNICAL REPRESENTATIVE

The Contracting Officer will appoint a qualified Contracting Officer's Representative (COR) for the purposes of technically administering the contract; however, all matters concerning this contract or any work ordered placed against this contract must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.

13. CONTRACTOR STAFF AND EMPLOYEES

13.1. Prior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number and email address at which the contractor or his representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.

13.2. Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

13.3. Contractor's Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.

14. CONTRACTOR OFFICE AND STORAGE

14.1. Parking of contractor vehicles shall be restricted to the contractor's designed on-site area or the work area.

The company name shall be prominently displayed on all construction vehicles parked on the job site.

14.2. Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris.

14.3. The contractor is expected to maintain good housekeeping and maintenance of common areas within its designated project site. The project site shall be delimited by a perimeter to prevent unauthorized or accidental access to the project site. Contractor shall safeguard Government property, facilities, and areas (see RFO 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements).

15. RECORD DRAWINGS

15.1. During construction of a project and on the job site, the contractor shall maintain a completed record of all changes and corrections from the layout shown on the drawings, if applicable. The contractor shall enter such changes and corrections on contract or record drawings promptly and submit the "red line" drawings to the Contracting Officer upon completion of the project.

15.2. The record drawings shall indicate all changes and corrections concerning the actual locations of all sub-surface utility lines. In order for the location of these lines and appurtenances to be determined in the event the surface opening or indictors become covered or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of each run including each change in direction.

15.3. Valves splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. The average depth below the surface of each run shall also be recorded. The Government does not guarantee the accuracy of existing record drawings; it is the contractor's responsibility to verify all as-built conditions.

16. VERIFICATION OF DIMENSIONS

The contractor shall be responsible for the coordination and proper relation of all aspects of the work. He/she shall field verify all dimensions and advise the Contracting Officer of any discrepancies prior to proceeding with any phase of the work. Where exact locations are not given for the positioning of equipment and devices, they shall be positioned to permit easy access for maintenance and for removal and replacement of component parts.

17. SECURITY REQUIREMENTS

17.1. The contractor shall comply with all security regulations imposed by the base/post commander and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work.

17.2. It is expected that new security requirements to satisfy contractor personal identification requirements in Homeland Security Presidential Directive (HSPD-12), ''Policy for a Common Identification Standard for Federal Employees and Contractors,'' and Federal Information Processing Standards Publication (FIPS PUB) Number 201, ''Personal Identity Verification (PIV) of Federal Employees and Contractors" are incorporated in the life of this contract. Contractor shall comply with all requirements, at no additional cost to the Government.

17.3. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft.

17.4. Contractors shall follow instructions provided by the Security Forces for access to the Camp Santiago Joint Training Center, Salinas, Puerto Rico. The Camp Santiago Joint Training Center is operated under the Puerto Rico Army National Guard Training Center Garrison Command. The contractor is subject to follow Training Center Garrison Command Access Policy Procedures for routine, non-routine, and intermittent access. If a gate pass is not granted to a contractor allowing the delivery of goods, execution of warranty support, or performance of services please contact the contracting officer's representative followed by the contracting officer. Be sure that all employees have the proper ID (driver's license, state ID, immigration card, U.S. Passport, etc.). If they do not have the proper Real ID, they will be turned away.

17.5. The Prime Contractor and all its subcontractors will be required to wear orange or lime colored safety vests while performing work on the installation.

17.6. U.S. Government will not be held liable for any delays or breach of contract caused by refusal of the Security Forces to allow entry.

17.7. All prospective contractors MUST be U.S. citizens or MUST have established and maintain legal residence in the U.S. and are authorized by the US government to work in the United States (i.e., Green card, worker authorization, etc.). All prospective contractors MUST have at least one form of U.S. government issued photo identification (driver's license, U.S. passport, U.S. work visa, etc.) for entry to the installation. Security Forces will review any questionable identification documents for determination as to whether said identification is authorized for access to the installation.

17.8. All prospective contractors/contractor employees, once it has been established that they maintain the appropriate credential as described in one above, are subject to a Criminal History Check.

17.9. Note: For the purposes of Contracting services, it is implied that, that all parties agree to a Criminal History Background Check once entered into any contract. Any documents that are provided and found fraudulent to include, but not limited to driver's licenses, contracting licenses, etc., will result in an arrest and potential termination for default from the contract. All contractors are subject to search in order to obtain entry onto the installation and while working on the installation. Any refusal to submit to a search of their person or vehicle will be deemed as an act of aggression against the installation and will be cause for dismissal from the installation and revocation of future privileges and installation access.

17.9.1. The issue of a Government sponsored contractor Common Access Card (CAC) ID is not required for this contract. The contractor shall follow procedures for contractors that do not require a CAC but require routine access to a DoD facility or installation. The Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a COR).

17.10. AntiTerrorism Level I Training. Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR (if no COR is assigned, delete "to the COR" and replace with "to the KO") within 15 calendar days after completion of training by each employee or subcontractor personnel.

17.10.1. AT Level 1 awareness training is available at the following website: https://jko.jten.mil/courses/AT-level1 /launch.html

17.11. Delays caused due to contractor's failure to comply with installation access policy and contractor vetting procedures is not excusable delay.

17.12. The Installation Commander retains the Authority to modify security requirements at any time based on mission, threat or risk conditions, in accordance with AR 190-13 (Physical Security), AR 380-5 (INFOSEC) and AR 525-13 (Antiterrorism).

17.13. In accordance with Homeland Security Presidential Directive 12 and Army Regulation 190-13, all visitors and uncleared contractors desiring unescorted access to Fort Buchanan, must be vetted through the National Crime Information Center Interstate Identification Index (NCIC III).

17.14. In accordance with Army Regulation (AR) 190-13, Physical Security, paragraph 8-2, Visitor Control Program, and Real ID Act of 2005, and Clause 252.204-7004 Antiterrorism Awareness Training for Contractors, visitors, contractors, suppliers, subcontractors and vendors 18 years and older, entering Puerto Rico Army National Guard Installations, who do not have a DoW identification card, will be subject to a background check before being allowed entry to the installation.

17.15. For routine and recurrent access, the following documentation is required:

17.15.1. Memorandum from Contracting Officer or Contracting Officer Representative requesting access. The memorandum must include the associated contract, period of performance, and reason for access.

17.15.2. Completion of DD Form 369, Police Record Check (current version), completed lines 1 through line 11, signed by Government Sponsor (COR).

17.15.3. Copy of Real ID Compliant identification card (e.g., Real ID Driver's License with a Star, Passport, and other Real ID Act compliant identification).

17.16. Visitors or contractors must report in person to Building 005, Visitor Control Center (VCC), Camp Santiago Joint Training Center, to receive their access pass.

17.17. For non-recurring personnel and one-day passes, the following requirements apply:

17.17.1. The visitor or contractor must know their point of contact so the VCC can validate the purpose of access

17.17.2. The visitor or contractor must report to the VCC for a background check.

17.17.3. The visitor or contractor must present a Real ID-compliant identification card, such as a driver's license with a star, passport, or other acceptable identification

17.17.4. The sponsor must pick up the visitor or contractor at the VCC.

17.18. Personnel refusing to comply or provide required information for access vetting will not be granted access.

Delays associated with failure to follow these instructions shall not constitute a basis for an equitable adjustment or extension.

18. REGULATIONS

18.1. The contractor shall comply with all applicable Federal, State, Local, DOD, National Guard Bureau, Army and Air Force regulations, and installation policies, pertaining to safety, traffic control and fire prevention.

19. TRANSPORTATION, HANDLING AND STORAGE

19.1. The contractor shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor's name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site.

19.2. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

20. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

20.1. At the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor's expense and shall be delivered to a state approved disposal site located off base. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area (i.e., on nearby runways, ramps or taxiways).

20.2. The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the responsibility of the contractor. Disposal shall be in accordance with applicable state and local regulations.

21. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall always be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law. Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

22. HAZARDOUS MATERIALS

22.1. Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.

22.2. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

23. RESERVED.

24. COORDINATION WITH GOVERNMENT ACTIVITIES

24.1. If it becomes necessary to interrupt work activities in buildings and/or areas for construction purposes, permission to do so must be requested in writing to the Contracting Officer five (5) working days prior to commencing work on the planned interruption and shall be subject to Installation Security and Operations approval, coordinated through the COR. Written requests for street closing shall be submitted for approval of the Installation Security and Operations Office five (5) working days prior to closing the street.

24.2. Work in connection with this contract which requires utility outages, including electrical, water, gas, steam, etc., which will stop or limit (as determined by the Contracting Officer) normal activities in the building, construction area or other affected areas, shall be performed by the contractor at a time other than the regular work period of the organization occupying the facility. Work required by the contractor on a non-standard basis or at premium pay shall be done at no additional cost to the Government. Request for utility outages shall be submitted to the Training Center Garrison Command Operations, in writing ten (10) working days prior to commencing work and shall be subject to Training Center Garrison Command and the Directorate of Public Works approval.

24.3. Any temporary construction for facilities used by the contractor for preventing interruption of normal work activity or loss of utility services shall be subject to Contracting Officer's approval.

25. UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Training Center Garrison offices, and points of supply and storage; is prohibited.

Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

26. PERFORMANCE EVALUATION OF CONTRACTOR

26.1. As a minimum, the contractor's performance will be evaluated upon final inspection. Any specific requirements for contract quality control and quality assurance by the Government personnel will be defined in the specifications. The contractor will be rated as outstanding, satisfactory or unsatisfactory in the areas of contract quality control, timely performance, effectiveness of management, compliance with labor standards, and compliance with safety standards. The contractor will be notified of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all contractor comments will be made a part of the official record. Performance evaluation reports will be available to all DoD Contracting Officers for their future use.

26.2 Past Performance evaluations will be posted via https://www.cpars.gov. It is the responsibility of the contractor to request access to this site.

27. CONTRACTOR QUALITY CONTROL

27.1. The contractor shall comply with the quality control provisions as specified herein. The Contractor shall perform all quality control inspection and/or testing required by this contract unless specifically designated to be performed by the Government. The quality control system consists of plans, workmanship, fabrication, construction, and operations that comply with contract requirements. The system shall cover construction operations, including fabrication both on-site and off-site, and shall be keyed to the proposed construction sequence. If the contractor fails to submit an acceptable quality control plan within the time herein prescribed, the Contracting Officer may refuse to allow construction to start if an acceptable interim plan is not furnished or may withhold funds from progress payments in accordance with the contract clause titled, "Payments under Fixed Price Construction Contracts", until such time as the contractor submits an acceptable final plan.

27.2. Quality Control Plan

27.2.1. General. Upon receipt of the Notice of Contract Award, the contractor's quality control plan (2 copies) shall be submitted for acceptance in accordance with paragraph 1.7 of specification section 01 40 00 Quality Requirements.

27.2.2. Acceptance. The Contracting Officer's Representative will review the quality control plan. The contractor shall make such changes and additions as necessary for clarity and completeness as requested by the Contracting Officer's Representative through the Contracting Officer. Acceptance of the contractor's plan is predicated on satisfactory performance during construction. Acceptance is conditional and the Government reserves the right to require the contractor to make changes in quality control plans, personnel and operations to correct deficiencies and to assure contract compliance.

27.2.3. Changes. When the contractor proposes changes in the quality control plan or implementation during construction, the Contracting Officer shall be notified in writing.