SPECIAL IDIQ CONTRACT REQUIREMENTS - PHA IDIQ (KO Reviewed).docx

SPECIAL INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT REQUIREMENTS – PERIODIC HEALTH ASSESSMENTS

1. PURPOSE AND SCOPE

The purpose of this IDIQ Contract is to provide hazardous and nonhazardous waste removal services for the NYARNG per the Performance Work Statement (PWS). Upon award of the basic contract the contractor will be issued an initial task order for a minimum of $2,500

1.1 As requirements develop, Notices of Proposed Task Orders will be issued on single source basis, at the Government's discretion. Task Orders will vary in size from $2,500 to $350,000 and will be awarded and issued by the individual task orders awarded and administered by the NYARNG contracting officers.

1.2. The total contract ceiling is $997,000 for single award IDIQ. The ceiling limit cannot be increased.

2. PERIOD OF SERVICE

a. Ordering Period:

1. This IDIQ will have a five-year ordering period.

2. Maximum value of all task orders awarded under this IDIQ will be limited to $997,000 which includes the entire five-year ordering period.

3. TASK ORDER LIMITATIONS (Reference Revolutionary Far Overhaul (RFO) FAR 52.216-19)

a. Minimum Order. When the Government requires services covered by this contract in an amount less than $2,500 the Government is not obligated to purchase, nor is the Contractor obligated to furnish those services under the contract in accordance with FAR 52.216-19. The minimum guaranteed task order amount for the entire contract period is $2,500.

b. Maximum Order. The maximum Task Order limitation is $350,000 excluding subsequent scope modifications. In accordance with RFO FAR 52.216-19, the Contractor is not obligated to honor:

(1) Any order for a single Task Order less than $2,500.

(2) Any order for a single Task Order in excess of $350,000

(3) A series of orders totaling more than $997,000

c. Task Order Issuance

1. Task Orders will be issued on DD Form 1449. Orders may be placed via mail, telephone, facsimile or electronic means. If mailed, a Task Order is considered "issued" when the Government deposits the order in the mail or sends it via facsimile or electronic mail. An oral order will be followed with a written document. The appropriate issuing, administration, and payment offices will be cited on each Task Order.

2. Plans and Specifications. Are incorporated in the base IDIQ

3. All terms and conditions of the basic award contract, including clauses, are incorporated by reference into each task order unless specifically excluded in writing.

4. ORDERING (REFERENCE RFO FAR 52.216-18)

a. Any services to be furnished under this contract will be ordered by issuance of Task Orders by the individuals or activities designated in this contract. Any Federal Contracting Officer, at the locations specified in the solicitation, or others as approved in writing by the issuing office Contracting Officer, is authorized to issue orders under the IDIQ’s contracts within the individual’s warrant levels. A copy of each task order (DD Form 1449 only), and modification (SF 30 only with funding information) issued by agencies outside the issuing office shall be provided to the issuing contracting office at time of execution.

b. Task orders may be issued from date of contract award until the last day of the ordering period. The total term of the contract may not exceed five years. However, task orders issued during the contract period may be completed in accordance with the terms of the task order after the contract period has expired.

c. All Task Orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order and this contract, the contract will control. The Government reserves the right to incorporate additional clauses, as appropriate, into individual Task Orders solicitations and awards.

5. OPTION FOR INCREASED QUANTITY ON TASK ORDERS

a. The Government may elect to make certain tasks option items, as described in the Task Order Notice, in this case, the Government may increase the quantity of work awarded on individual Task Orders by unilaterally exercising Option Item(s) within the period specified in the Task Order.

b. Any option herein shall be considered to have been exercised at the time the Government deposits written notification to the Contractor in the mail, or electronic mail.

6. GENERAL WAGE DECISIONS.

Applicable Service Contract wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order. Wage Determinations may be found at: https://sam.gov/.

7. EVALUATION OF CONTRACTOR PERFORMANCE

a. In accordance with the QASP, the Contractor's performance will be evaluated upon completion of each Task Order. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government.

b. The Contractor will be sent an email notice to review and comment, if appropriate, on the performance evaluations via a web-based system. A contractor points of contact (POC), to receive notification of performance evaluations, shall be identified at time of award of the basic contract. The POC must maintain a current email address on file with the Contracting Officer. In lieu of a contract POC, contractors may provide task order specific individuals to receive this information. Contracting Officers will be notified at the task order pre-work meeting of any changes.

8. GOVERNMENT PERFORMANCE

The Government reserves the right to undertake performance by Government forces, for the same type or similar work as contracted herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

9. INSURANCE - WORK ON GOVERNMENT INSTALLATION (RFO 52.228-5)

a. Reference Contract Clause titled, “Insurance -Work on a Government Installation (RFO FAR 52.228-5).

Kinds and minimum amounts are as follows:

200,000 per passenger seat Required only when aircraft are used in connection with performing the contract

b. Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

c. The Contractor shall ensure the transporter and disposal facility have liability insurance in effect for claims arising out of the death or bodily injury and property damage from hazardous material/waste transport, treatment, storage and disposal, including vehicle liability and legal defense costs in the amount of $1,000,000 as evidenced by a certificate of insurance for General, Automobile, and Environmental Liability Coverage. Proof of this insurance shall be provided to the Contracting Officer.

d. NOTE: 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 calendar 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 a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

10. LIMITATIONS ON SUBCONTRACTING. (RFO 52.219-14) (Applicable to Task Order issued in excess of $350,000.) The Contractor agrees that in performance of a contract:

a. Services (except construction), will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

11. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. Unless specified otherwise in a task order, this paragraph specifies the procedure for the determination of time extensions for unusually severe weather. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied: The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

1.The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond control and without fault or negligence of the contractor.

2.Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for Contracting officer consideration of these anticipated adverse weather delays in all-weather dependent activities.

b. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in accordance with the criteria previously described above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather workdays, and issue a bilateral modification.

12. EPA ENERGY STAR

The Government requires that certain equipment be Energy Star compliant. Initially, the sole Energy Star requirement shall be self-certification by the bidder that the specified equipment is Energy Star compliant. Within 90 calendar days of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense.

13. TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with DOW 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. The DOW has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOW organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a DOW 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 DOW information.

14. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS

a. A weekly meeting may be held with the Contractor and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders on awarded task 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 Contracting Officer 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.

15. ADMINISTRATIVE MATTERS

a. The contracting office of NYARNG is the office having administrative jurisdiction over this contract for all matters.

b. A list of the names and telephone numbers of the Government team comprising the contract administrator, and other points of contact at the project site will be provided at the post award conference and pre-work conference for task orders.

c. Only the Contracting Officer executing these contracts and the Successor Contracting Officer has the authority to modify the terms and conditions of the basic contracts.

d. All correspondence shall be addressed to the task order Contracting Officer, a copy of all correspondence shall be furnished to the contracting officer representative. Enclosures attached or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, task order number, and shall have only one subject.

16. PAPERLESS CONTRACTING:

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, Proposed Task Order Notices, to include specifications and drawings may be issued using electronic methods, i.e., the internet, email, etc. In addition, task order distribution and correspondence will also be issued electronically using email, internet or other electronic methods. Contractors shall have and maintain capability to receive documents in this manner.

It is anticipated that within the life of this contract other electronic processes will be enacted. These include, but are not limited to, electronic offers, 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. Failure to accommodate new processes may be cause for termination or placement in Dormant Status.

17. INVOICES, INVOICING AND PAYMENT

a. Properly prepared invoices, bearing the contract number, shall be submitted electronically to the Contracting Office awarding the Task Order, on designated invoice forms provided at the pre-work meeting PRIOR to uploading in Wide Area Workflow (WAWF) the DFAS paying system. E-mail shall be the preferred means of invoice transmittal. This submission will be for review prior to submitting an electronic invoice through Wide Area Workflow (WAWF). Task Orders will provide the codes needed for filing. All payments will be made by electronic transfer of funds (EFT) or by government purchase card.

b. To meet compliance with RFO DFARS 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF after receiving approval of the pre-invoice described in previous paragraph. For more information on the WAWF system, which is part of the Procurement Integrated Enterprise Environment (PIEE), including how to register, go to: https://piee.eb.mil.

c. Payment will be made by paying office specified in the task order in accordance with the clause Prompt Payment RFO FAR 52.232-25

d. All payments shall be made by electronic transfer of funds (EFT) or by government purchase card.

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

f. Electronic Invoicing. The Government reserves the right to modify, at no cost to the Government, any of the procedures outlined in this special contract requirement to accommodate electronic invoicing procedures.

18. REGULATIONS

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

b. INSTALLATION REGULATIONS: The Contractor, his employees, and subcontractors shall become familiar with and obey the regulations of the installation, including fire, traffic, safety and security regulations while on the military installation. Those driving motor vehicles shall observe and obey all speed limits posted throughout the installation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

c. Contractor’s equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

19. SECURITY REQUIREMENTS

a. 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.

b. 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” will be enacted during the life of this contract. Contractor shall comply with all requirements, at no additional cost to the Government.

c. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft. Contractors shall follow instructions provided by the Security Forces for access to the National Guard Facilities. 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.). Security Forces will review any questionable identification documents for determination as to whether or not said identification is authorized for access to the installation. 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. Be sure that all of your employees have the proper REAL 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.

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

e. 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.

f. 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.

g. Note: For the purposes of contracting services, it is implied that any and 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 a violent act of aggression against the installation and will be cause for dismissal from the installation and revocation of future privileges and installation access.

h. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within a National Guard controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to National Guard installations, facilities and controlled access shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the Contracting Officer.

1. AT Level 1 awareness training is available at the following website: http://jko.jten.mil

20. MISCELLANEOUS CONTRACTOR REQUIREMENTS

a. CONTRACTOR STAFF AND EMPLOYEES

1. Prior to commencing on-site work, the contractor shall provide the Contracting Officer with a telephone number and email 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.

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.

3. Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contractor shall employ and utilize only experienced (or certified apprentice), responsible, and capable persons in the performance of work under this contract. All employees must be citizens of the United States or authorized aliens and shall be able to furnish proof of citizenship if asked to do so by the Contracting Officer. Regulations require federal contractors to use the Homeland Security Department’s E-Verify system to check employees' work eligibility. Only authorized Contractor personnel shall be admitted to the worksite at all times. 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

4. Superintendence. The contractor shall give his personal superintendence to the work or have a competent foreman or superintendent from his/her own staff, satisfactory to the Contracting Officer, at the work site while work is in progress, with authority to act on behalf of the contractor. The Contractor’s superintendent is responsible for maintaining and conducting the inspection system required by the contract.

5. Removal of Personnel. The Contracting Officer may require the Contractor to remove from the job those employees who endanger people or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of military security.

b. Liability. The Contractor hereby agrees to release the Government (to include its officers, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the Contractor or his employees during the performance of this contract. The Contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the Contractor or his personnel while performing this contract.

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

d. 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.

21. SAFETY/ACCIDENT REPORTING

a. Accident prevention and safety practices on contractual work under the jurisdiction of the Contracting Officer are the responsibilities of the contractor concerned.

b. Safety Plan. Contractor employees shall be instructed to notify the Contractor’s project manager of potential or existing occupational health hazards that require attention. The Contractor shall designate a person on his staff to manage the Contractor's safety and accident prevention program. This person will provide a point of contact for the Contracting Officer on matters of job safety and shall be responsible for ensuring the health and safety of on-site personnel.

c. Compliance with Regulations. All work including the handling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 29 CFR 1910/1926. Work involving the disturbance or dismantling of asbestos or asbestos-containing materials; the demolition of structures containing asbestos; and/or disposal and removal of asbestos, shall also comply with the requirement of 40 CFR, Part 61, Subpart A. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The Safety Manual is available at the following web site http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

d. Accident Notification/Report. In the event of a job-related accident, the Contractor shall immediately notify the Contracting Officer and shall prepare a Report of Accident (DA Form 285 or equivalent) in quadruplicate and forward the original and two copies to the Contracting Officer for forwarding to ARMY Safety Officer for ARMY National Guard projects. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."

22. DESIGNATION OF TECHNICAL REPRESENTATIVE

All matters concerning 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.

23. RFO FAR 52.204-10 REPORTING:

Executive Compensation and First Tier Subcontract Awards requirements. Effective 1 March 2011 this clause is applicable to all task orders over $30,000. Prime Contractors awarded a federal contract or order that is subject to RFO FAR 52.204-10 (Reporting Executive Compensation and First-Tier Subcontract Awards) are required to file a FFATA subaward report by the end of the month following the month in which the prime contractor awards any subcontract greater than the limits shown above. Contractors are required to report subcontracts in accordance with the requirements of this clause into The Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS) at www.fsrs.gov. Task order awards will contain the necessary codes (TAS codes, agency code, etc.) necessary to accomplish the required reporting. Failure to accomplish the necessary reporting will be considered a delinquency and will eliminate your firm from being offered new work until this is corrected. Additional guidance will be provided at the pre-work conference.

END OF SECTION