Special Contract Requirements.pdf

Special Contract Requirements

FORT RILEY INSTRUCTIONS

1. EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends.

Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

2. FIRE PROTECTION AND PREVENTION

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during performance of work under the contract.

Copies of the fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or his employees, including failure to comply with the fire prevention measures prescribed in the regulations. The Contractor or his responsible employees shall be required to make a thorough inspection at the closure of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The Contractor shall familiarize his employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

3. IDENTIFICATION BADGES

Contractor personnel shall wear identification badges (3” x 5”) while on the job. Badges shall be provided by the Contractor at its own expense and shall contain at the minimum the following: Photograph of Employee; Name of Employee; Name of Contractor; Phone# of Contractor; Contract Number.

4. NORMAL WORKING HOURS

4 .1 The Contractor shall schedule his working hours to coincide with the working hours of the military reservation, a normal 5-day, 40 hour week, Monday through Friday, Federal holidays excepted. The Contractor shall not perform work on the installation during other workdays nor during other hours without the written approval of the Contracting Officer.

The following legal holidays are observed:

New Year's Day Labor Day

Martin Luther King's Birthday Columbus Day

Presidents' Day Veterans' Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

4.2 When one of the above holidays falls on a Sunday, the following Monday will be observed as a legal holiday, and when the holiday falls on a Saturday, the preceding Friday is observed as a holiday by Government agencies. Contractors are also requested not to schedule work on the day before Christmas and the day before New Year's Day.

5. REQUIRED INSURANCE. Reference FAR Clause 52.228-5 entitled, Insurance--Work on a Government Installation.

5.1 Before commencing on-site operations (or within 10 days of award or receipt of notice to proceed), the Contractor shall provide the Contracting Officer evidence (i.e. Certificate of Liability Insurance) of the following minimum insurance coverage as required by FAR 28.307-2 Liability.

5.1.1 Statutory worker's compensation and employer's liability insurance (as applicable):

$100,000 or as prescribed by The State of Kansas, whichever is greater.

5.1.2 General liability – At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

5.1.3 Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

5.2 Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercise options. All subcontracts shall provide the same coverage under the same terms. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking effect, signed by the Contractor’s insurance carrier. When the coverage is provided by self-insurance, the contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

6. COMPLIANCE WITH IMMIGRATION LAWS

6.1. The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor’s employees shall be citizens of the United States or shall be resident aliens with appropriate permissions and documentation to work in the United States.

6.2. The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation.

6.3. Delays resulting from violation will not be considered excusable delay as provided elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government. Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

7. POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

7.1. Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

7.2. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

7.3. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirements.

7.4. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling materials and handling of waste.

7.5. Coordinate the sampling of waste generated on Fort Riley by contacting the Hazardous Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

7.6. Ensure proper disposal of waste generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The contractor must obtain any special disposal permits.

7.7. Obtain approval from the Environmental Division’s Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley’s Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

7.8 Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

8. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR

PERSONNEL

8.1. The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or Master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

8.2. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

8.3. Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to ensure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of his responsibility to perform the requirements specified within this contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

8.4. The services to be performed under this contract shall not require the Contractor or his employee to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

8.5. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded to federal employees.

9 INSTALLATION ACCESS FOR CONTRACTOR EMPLOYEES

9.1 Ten (10) days prior to initial performance, the Contractor shall provide to the KO and COR copies of FR Form103 Request for Fort Riley Access Pass and DD Form 3150 Contractor Personnel & Visitor Certification of Vaccination (Exhibt_1) for all employees performing at Fort Riley.

9.1.1 Passes/Badges issued by the Fort Riley Visitor Control Center (VCC) are valid for a period of up to one (1) year or until contract expiration whichever is shorter and will be updated as required or as employees are hired/terminated.

9.1.1.1 Prime Contractor employees may be issued a Fort Riley Visitor Control Center (VCC) Access Badge for a period of up to one (1) year. Sub-Contractor employees may be issued a Fort Riley Visitor Control Center (VCC) Access pass/badge for a period of up to six

(6) months. Directorate of Emergency Services (DES) will make final determinations on all Access pass/badge time lengths in accordance with DES access control protocols.

9.1.2 Written notification of all employee terminations shall be submitted to the KO and

COR.

9.1.3 RAPIDGate passes will no longer allow contractor personnel continued access onto the installation. People with existing RAPIDGate badges will require an installation access pass or badge effective 1 April 2015.

9.2 ALL contractor(s) and/or visitor(s) who do not have a Department of Defense (DOD) ID card in their possession, must initially enter Fort Riley through the Henry Access Control Point (ACP) unless they are operated on or a passenger of a commercial vehicle. Operators and passengers of commercial vehicles must report to either 12th Street or Estes Gate. The Henry ACP is accessible from Interstate-70 and take Exit 301.

9.2.1 Starting 1 April 2015, ALL contractor(s) and/or visitor(s) who are not in possession of a Department of Defense (DOD) ID card must report to the Visitor Control Center (VCC), Building 885 adjacent to Marshall Army Airfield (MAA), located near the Henry ACP unless operating or a passenger of a commercial vehicle. Operators and passengers of commercial vehicles must report to either 12th Street or Estes Gate. Contractor(s) and/or visitor(s) shall receive a National Crime Information Center Interstate Identification Index (NCIC III) background check. After a successful NCIC III background check, contractor(s) or visitor(s) shall be issued either a Fort Riley visitor pass or Fort Riley access badge.

[NOTE: Passes & Badges are issued to individuals, not vehicles or companies]

9.2.2 ALL contractor(s) and/or visitor(s) who do not successfully pass the National Crime Information Center Interstate Identification Index (NCIC III) background check may ONLY enter Fort Riley installation if the contractor submits and has an approved waiver from the installation commander. Information on the waiver process can be obtained from the Visitor Control Center in person. [NOTE: This is the responsibility of the individual who did not pass the check. FRK/VCC employees have no control over this process or information.]

9.2.3 FR Form 103 shall be completed on each contract employee and submitted to the Fort Riley Visitor Control Center (VCC) through the COR to receive installation access badges or access passes. The COR will be responsible for providing sponsorship of pass application for each employee.

9.2.3.1 Contractor and subcontractor personnel shall present a valid State Driver’s License/ID Card, to receive an installation pass or badge. Contractor employees that want to drive non-commercial or commercial vehicles on the installation shall also provide a valid State Driver’s License, proof of insurance and vehicle registration to be annotated on the pass.

9.2.3.2 FR Form 103 is available for download as an Adobe Acrobat fillable form @ http://www.riley.army.mil/Portals/0/Docs/Services/RileyServices/EmergencySvcs/FRfm10 3ReqAccessPass.pdf

9.2.3.3 Contractor and subcontractor personnel shall possess a valid State Driver’s License, proof of insurance and vehicle registration to drive any vehicle on the installation.

9.2.4 Contractor and subcontractor personnel operating non-commercial vehicles may enter any of the installation access control points during FPCON Alpha only. An increased Force Protection Condition (Bravo, Charlie or Delta) may require all contractor employee vehicles used under this contract to use only 12th Street, Parker Gate or Henry Gate, as directed by DES personnel. Contractor and subcontractor personnel using Fort Riley Visitor Control Center (VCC) passes during increased

FPCON levels may be required to utilize specific Access Control Points (ACP) to enter onto the installation at no additional cost to the Government.

9.2.4.1 A Commercial Vehicle is defined as any vehicle that is used for a commercial purpose. This includes but not limited to parcel delivery trucks, 18 wheelers, moving trucks, food delivery trucks, and construction vehicles. More detailed information on what is considered a commercial vehicle can be found at http://www.riley.army.mil. Vehicles considered to be used for a commercial purpose shall enter 12th Street or Estes Gates M-F 0500-1900.

9.3 Access Badges/Passes issued by the Fort Riley Visitor Center (VCC) shall be returned to the place of issuance at the completion of the contract or sooner if so directed by the KO or COR.

9.4 Contractor and sub-contractor personnel shall be responsible for all Access Badges/Passes or Identification issued to them.

http://www.riley.army.mil/

9.5 If Access passes or badges are lost or stolen, the Fort Riley Visitor Control Center (VCC) shall be contacted and notified of the incident immediately. Access Badges will not be replaced without a police report provided by Fort Riley Military Police.

9.6 The contract shall be considered incomplete and final payment will not be made until all Access passes, and badges are accounted for and turned into contract COR or to the Sponsor listed on FR Form 103.

9.7 The Contractor shall ensure that all Access passes are turned in to the COR or to the Sponsor listed on the FR Form 103 upon completion of the contract or termination of an employee.

9.8 Fort Riley Directorate of Emergency Services retains the right to refuse entry into the installation. Refusal of entry or changes to ACP access shall not relieve the prime contracted vendor from its responsibility to deliver as agreed to, or there to be no additional cost to the Government resulting from refused entry.

9.9 For questions pertaining to the Fort Riley access control procedures, call the Directorate of Emergency Services Security Branch/Visitor Control Center (785) 239-2982 or 239-3138. The Visitor Control Center may also be contacted via email @ usarmy.riley.imcom-central.mbx.des-vcc@mail.mil

9.10 For Fort Riley advisories, daily traffic update and other access control points’ hours of operations, go to: http://www.riley.army.mil/AboutUs/Advisories.aspx

9.11 Contractor shall be responsible for tracking of all access badges/passes issued by the Fort Riley Visitor Control Center (VCC). An electronic copy shall be submitted to the KO within ten (10) business days of contract award and updates shall be submitted to the KO within one (1) business day of employment changes. Tracking of all employees issued access Badges/Passes shall be in the following format below. Changes to the roster format may be made upon approval from the KO. Electronic versions of the roster must be in Microsoft Office Excel 2007 or later versions.

IMPORTANT DELIVERY INFORMATAON

1. All commercial vehicles delivery access and cargo and/or load carrying vehicles are restricted to 12th Street and Parker Access Control Points (ACPs). The ACP will be open from 5:00 a.m. to 6:00 p.m. Monday through Friday. The ACP is closed on Saturdays, Sundays and all federal holidays. A Commercial Vehicle is defined as any vehicle that is used for a commercial purpose. This includes parcel delivery trucks, 18 wheelers, moving trucks, food delivery trucks, and construction vehicles.

12th Street ACP: The 12th Street ACP can be accessed from Interstate I-70, take Exit 303, and head north and take the Fort Riley 12th Street Exit. The 12th Street ACP can also be accessed from KS Highway 18 North of the Kansas River Bridge.

Parker ACP: The Parker ACP can be accessed from Interstate I-70, take Exit 295 and head North on US Highway-77, exit on Old Highway-77, and take PARKER road onto the ACP.

2. Driver(s) shall provide a valid State Driver’s License, proof of insurance and vehicle registration to receive a Fort Riley Visitor Control Center (VCC) Access pass. Passenger(s) must present a valid driver's license or government issued photo ID for installation access.

3. Commercial deliveries designated for Building 7920 Apennines Drive are accepted between 7:30 a.m. to 2:00 p.m. (CST) Monday through Friday. The installation does not provide overnight parking. All shipments must be accepted and off loaded the same day.

4. The bill of lading shall have the Contract Number and Fort Riley delivery point of contact’s name and phone number. This includes the bill of lading presented by third party and subsequent shippers.

5. An increased Force Protection Condition (Bravo, Charlie or Delta) shall require all vehicles used to deliver supplies under this contract to use 12th Street or Parker Gate only.

Compliance with enhanced Force Protection Conditions is mandatory and shall be at no cost to the Government. The current FPCON is posted @ http://www.riley.army.mil/AboutUs/Advisories.aspx provides specific guidance regarding access to Fort Riley. It is the Contractor’s responsibility to check this website and relay the information to their carriers.

6. Fort Riley Directorate of Emergency Services (DES) retains the right to refuse entry into the installation. Refusal of entry shall not relieve the prime contracted vendor of its responsibility to deliver as agreed to, or there be any additional cost to the Government resulting from refused entry.

7. For Fort Riley advisories and daily traffic update, go to:

http://www.riley.army.mil/AboutUs/Advisories.aspx

10 Delivery Orders (DO) Ordering Procedures:

10.1 Authority to Issue Delivery Orders (DO): MICC – Fort Riley has the authority to award and administer delivery orders under this procurement

10.2 Minimum and Maximum Order Amounts: The Government shall place minimum and maximum orders as specified in the FAR Clause 52.216-19.

http://www.riley.army.mil/AboutUs/Advisories.aspx

11 Unauthorized Work:

11.1 The Contractor is not authorized to commence delivery order performance without a signed delivery order or direction by the Contracting Officer. Notwithstanding any of the other provisions of this contract, the Contracting Officer will be only individual authorized on behalf of the Government to:

- Accept nonconforming work.

- Waive any requirement of the delivery order.

- Modify any term or condition of the delivery order; and

- Waive or modify any term or condition of the contract

12 Ordering and Invoicing

12.1 Funds for the Aggregate Materials will be obligated at the delivery order level, as they become available, or excess funds de-obligated at the delivery order level, by modification unilaterally by the Government. The Contractor will only be paid for the effort that has been authorized by the Government and performed in accordance with contract specifications.

All delivery orders will be Fixed Priced (FP).

12.2 The Government may issue delivery orders as needed with quantities. The KO will place the order via delivery order. Invoicing will be in accordance with 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

13 Delivery Requirements/Statement of Work

13.1 Contractor will be issued a delivery order 3-5 days prior to date of expected delivery.

All points of delivery on Fort Riley are as follows:

(i) Main Post, Building 352, Public Works Yard

(ii) Tank Gunnery Range South, (Range 18) on Vinton School Road

(iii) Tank Gunnery Range North, (MPRC) on new U.S. Highway 77, north of Wakefield, Kansas

(iv) Main Post, Building 318 Salt Barn (Sand only)

13.2. Coordination with the DPW Roads and Grounds Supervisor (Kevin Griffin) and/or Equipment Operation Leader (Wayne Hildebrand) for delivery of any Aggregate Stone to any location should be made in advance to ensure Government personnel are on site for the delivery and equipment is in place to complete delivery.

13.3 The following information shall be provided by email to Mrs. Yvonne Johnson-Wilson @ Yvonne.a.johnson-wilson.civ@army.mil and Gary J Jungels @gary.j.jungels.civ@army.mil.

a. Bill of Lading and rock weight ticket, clearly bearing shipper and carrier names

b. Identification of company name and identifying numbers present on truck and trailer, and license plate numbers of each Drivers shall be prepared to provide a driver’s license, proof of insurance, and all training which pertain to hauling equipment at delivery to Fort Riley. Before the truck is permitted to unload, driver shall have appropriate Personal Protective Equipment (PPE).

mailto:Yvonne.a.johnson-wilson.civ@army.mil