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SZCQ242905
REPAIR MAIN GATE ACTIVE VEHICLE BARRIERS
New Hampshire Air National Guard Pease ANGB Newington, NH
Approved By:
Base Commander:
| 157th ARW/CC |
| (Signature/Date) |
Base Civil Engineer:
The Using Organization:
Environmental Manager:
| 157 CES/CEIN |
| (Signature/Date) |
Fire Prevention:
| 157 CES/CEF |
| (Signature/Date) |
Anti-Terrorism:
Resource Protection:
Bio-Environmental:
| (157 MDG/SGPB) |
| (Signature/Date) |
Safety Officer:
| 157 ARW/SE |
| (Signature/Date) |
Information Protection:
| 157 ARW/IPO |
| (Signature/Date) |
Communications:
Contracting Officer:
| USPFO-NH-JCO |
| (Signature/Date) |
Section 01 00 00 Division 01 – General Requirements
1. INSURANCE CERTIFICATES & PAYMENT BONDS - MINIMUM AMOUNTS
Provide Certificates of Insurance with the minimum insurance coverage required by FAR 28.307-2 Liability, during the entire period of performance under this contract within 14 days of contract award. Reference Contract Clause titled, "Insurance - Work on a Government Installation (FAR 52.228-5)." Provide other insurance coverage as required by New Hampshire law and as follows:
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
Aircraft Public and Passenger Liability (as applicable)
$200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability and $200,000 per occurrence for property damage; coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or $200,000 multiplied by the number of passengers, whichever is greater.
| 1.1 |
| Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers. |
| 1.2 |
| 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 a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request. |
2. RESERVED
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. |
| 3.2 |
| 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. 4 INVOICING AND PAYMENT
| 4.1 |
| Properly prepared invoices, bearing the contract number, shall be submitted in duplicate to the Contracting Office, (302 Newmarket Street, Newington, NH 03801) on 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 FAR clause 52.232-5 Fixed-Price Construction Contracts and FAR 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 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, FAR 52.232-5, and Prompt Payment for Construction Contracts, FAR 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 Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS, Small Business Subcontracting Reports, have been timely received. |
| 4.4 |
| All requests for payments through WAWF must include a Subcontractor Payment Register pursuant to FAR 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, including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW CONSTRUCTION WAGE REQUIREMENTS FAR 52.222-6, [footnoteRef:2]and Small Business Subcontracting Reports, have been timely received. Payrolls shall indicate CLIN to which they are applicable. [2: ] |
5. SCHEDULE OF PRICES
| 5.1 |
| Within ten (10) days of Notice to Proceed (NTP), prepare and deliver to the Contracting Officer a Schedule of Prices (construction Contract) as directed by the Contracting Officer. Schedule of Prices must have cost summarized and totals provided for each construction category. Provide a detailed breakdown of the Contract price, giving quantities for each of the various kinds of work, unit prices and extended prices. Contractor overhead and profit including salaries for field office personnel, if applicable, must be proportionately spread over all pay items and not included as individual pay items. |
6. TELEPHONE COMMUNICATION & SECURITY MONITORING
| 6.1 |
| 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. 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. |
7 UTILITY SERVICES
| 7.1 |
| Make utility cutovers and interruptions after normal working hours or on Saturdays, Sundays, and Government holidays. Work required by the Contractor on a non-standard basis or at premium pay shall be done at no additional cost to the government. Permission to interrupt any activity utility service must be requested in writing a minimum of 15 calendar days prior to the desired date of interruption. |
| 7.2 |
| Water and electricity necessary for the accomplishment of the work, will be made available to the contractor at a prorated monthly charge. The contractor will install a water meter and electrical meters to monitor the usage of these utilities. Contractor will rent a water meter from the Portsmouth Water Department and pay them directly for water used on the construction site. Contractor will provide an electric meter and make payment to PSNH to be applied against the Government’s account. |
8 MATERIAL APPROVAL SUBMITTALS
| 8.1 |
| The contractor shall submit all materials and articles requiring approval, such as contractor plans, shop drawings, product data, samples, design data, test reports, certificates, manufacturer’s instructions, operation and maintenance data, and warranties as required by the Material and Workmanship Clause, FAR 52.236-5. Submittals shall be made using AF Form 3000 or approved equal. Submittals shall be processed in accordance with the procedures in Section F, Submittals. Submittals shall be given a distinct identification system by CLIN if multiple CLINs are applicable. 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 AF Form 3000. The Contractor shall submit a proposed list of materials within ten (10) days of the notice to proceed (NTP) |
The Contracting Officer is the approval authority for all submittals. Allow a minimum of 14 days of turn-around time for each submittal.
9 WORK PROGRESS AND PREPARATION OF PROEGRESS SCHEDULES & REPORTS
| 9.1 |
| 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. |
| 9.2 |
| In accordance with FAR Clause 52.236-15, “Schedules for Construction Contracts”, the contractor shall within ten (14) days of contract award, submit a preliminary progress schedule to the Government for review. The schedule shall outline the timeframe in which in which the contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing features of work. A composite schedule for the overall contract shall also be provided. The schedule shall be on an AF Form 3064, Contract Progress Schedule, or an approved computer-generated format similar to the AF Form 3064. The work shall be scheduled so that, upon the start of construction, work progresses in a continuous and diligent manner. 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. These reports shall be submitted on the NGB Contract Progress Report form (similar to an AF Form 3065), or an approved computer-generated similar format. These reports shall track progress by CLIN, if contract contains multiple CLINs, multiple AF Form 3064 and NG Contract Progress Reports will also be required for payment purposes. |
| 9.3 |
| 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 rescues. No work may start until the Contracting Officer approves the plan in writing. |
| 9.4 |
| The Contractor shall prepare a work progress schedule required for completion of each of the various divisions of work. Updated plans and Form 3064 showing work progress shall be provided weekly 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 FAR 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 AF Form 3064, “Contract Progress Schedule” and a National Guard Contract Progress Report”. |
10 NOTICE OF COMPLETION OF CONSTRUCITON/PRE-FINAL AND FINAL INSPECTION
| 10.1 |
| 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 |
| 10.2 |
| 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. |
| 10.3 |
| Civil Engineering personnel 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. |
| 10.4 |
| Final Inspection shall not constitute acceptance of a project unless so stipulated by issuance of a separate acceptance notice. |
| 10.5 |
| 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 expert personnel these costs may include additional labor, travel and miscellaneous expenses. |
11 DESIGNATION OF A TECHNICAL REPRESENTATIVE
| 11.1 |
| 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. |
12 CONTRACTOR STAFF AND EMPLOYEES
| 12.1 |
| List of contractor personnel: Provide a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency within ten (10) days of the Notice to Proceed (NTP). As changes occur and additional information becomes available, correct and change the information contained in previous lists. |
| 12.2 |
| 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. |
| 12.3 |
| 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. |
| 12.4 |
| 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 CONTRACT OFFICE AND STORAGE
| 13.1 |
| 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. |
| 13.2 |
| 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 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. |
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. 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. 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
| 16.1 |
| 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. |
| 16.2 |
| IAW DFARS 252.236-7001, Contract Drawings and Specifications, Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications. |
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 |
| The Prime Contractor and all its subcontractors will be required to wear orange or lime colored safety vests while performing work on the installation. |
| 17.5 |
| 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. |
| 17.6 |
| 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. |
| 17.7 |
| 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. |
| 17.8 |
| 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 |
| AT Level 1 awareness training is available at the following website: http://jko.jten.mil |
All contract personnel working on the project shall complete this training, obtain the certificate and submit it to the government. Identification badges will not be issued without documentation of completion of this training.
| 17.10 |
| Do not enter areas marked as “Restricted” or “Controlled” without authorization. Do not cross red painted lines delineating restricted areas without authorization. Do not approach aircraft without authorization, including entrance into hangar bays when aircraft are present. Do not enter flight line areas, which include aircraft parking aprons, taxiways, and the runway, on foot or by vehicle without authorization. |
| 17.11 |
| Identification Badges and Installation Access. Comply with FAR 52.204-9 “Personal Identity Verification of Contractor personnel”. Application for and use of badges will be as directed. Obtain access to the installation by participating in the Defense Biometric Identification System (DBIDS). Contractor employees and representatives performing work under this Contract are required to be either United States citizens or documented legal residents and are authorized by the Government to work in the United States. All Contractor employees shall obtain the required Contractor identification. Each employee shall wear the Government issued identification over the front of the outer clothing. Failure to obtain security and base access passes shall not be a cause for Contract Performance Time Extension. The Contractor shall return such identification to the issuing agency when no longer needed for Contract performance |
| 17.12 |
| Personnel will be issued appropriate identification badges when the Contractor submits, in writing, on a form prescribed by the Contracting Officer, a request for issuance of badges. Employees shall complete questionnaires and other forms as required for security. Allow 10 business days for background checks and processing. |
18 REGULATIONS
| 18.1 |
| The contractor shall comply with all applicable Federal, State, Local, DOD, National Guard Bureau, Army and Air Force regulations 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
| 21.1 |
| 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. |
| 21.2 |
| Within ten (10) days of the notice to proceed, the contractor shall submit an environmental protection plan to the Government for review. The plan shall address how hazardous materials & pollutants (if any) shall be addressed and/or mitigated and disposed of. |
22 HAZARDOUS MATERIALS
| 22.1 |
| The use of any known hazardous materials must be tracked and approved prior to contract performance and transport on base. If contract performance requires use of known hazardous materials, the contractor shall submit a list of the substances intended for use within ten (10) days of the notice to proceed (NTP). Any materials that are 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 POLLUTION ABATEMENT
| 23.1 |
| All work shall be performed in a manner minimizing pollution of air, water and land as required. |
| 23.2 |
| Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarps must be fastened overload before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the contractor. |
| 23.3 |
| Burning of any material is strictly prohibited. |
| 23.4 |
| Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas. |
| 23.5 |
| Flushing of concrete trucks is restricted to the location specifically designed for this purpose by the Contracting Officer’s Representative. |
| 23.6 |
| Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted. |
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 14 working days prior to commencing work on the planned interruption and shall be subject to Civil Engineering approval. Written requests for street closing shall be submitted for approval of the Civil Engineer 7 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 Civil Engineer, in writing 14 working days prior to commencing work and shall be subject to his/her 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
| 25.1 |
| 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 Civil Engineering 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 FACTOR
| 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. The contractor quality control plan shall be submitted to the Government within 10 calendar days of the notice to proceed (NTP). |
| 27.2 |
| 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. |
| 27.3 |
| Changes. When the contractor proposes changes in the quality control plan or implementation during construction, the Contracting Officer shall be notified in writing. The contractor shall implement no changes prior to acceptance in writing by the Contracting Officer. |
28 ACCIDENT PREVENTION PLAN
| 28.1 |
| A qualified person must prepare the written site-specific APP. Prepare the APP in accordance with the format and requirements of EM 385-1-1, Appendix A, and as supplemented herein. Cover all paragraph and subparagraph elements in EM 385-1-1, Appendix A. The APP must be job-specific and address any unusual or unique aspects of the project or activity for which it is written. The APP must interface with the Contractor's overall safety and health program referenced in the APP in the applicable APP element, and made site-specific. Describe the methods to evaluate past safety performance of potential subcontractors in the selection process. Also, describe innovative methods used to ensure and monitor safe work practices of subcontractors. The Government considers the Prime Contractor to be the "controlling authority" for all work site safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the Contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out. The APP must be signed by an officer of the firm (Prime Contractor senior person), the individual preparing the APP, the on-site superintendent, the designated SSHO, the Contractor Quality Control Manager, and any designated Certified Safety Professional (CSP) or Certified Health Physicist (CIH). The SSHO must provide and maintain the APP and a log of signatures by each subcontractor foreman, attesting that they have read and understand the APP, and make the APP and log available on-site to the Contracting Officer. If English is not the foreman's primary language, the Prime Contractor must provide an interpreter. |
| 28.2 |
| Submit the APP to the Government within ten (10) days of the Notice to Proceed (NTP). Work cannot proceed without an accepted APP. Once reviewed and accepted by the Contracting Officer, the APP and attachments will be enforced as part of the Contract. Disregarding the provisions of this Contract or the accepted APP is cause for stopping of work, at the discretion of the Contracting Officer, until the matter has been rectified. Continuously review and amend the APP, as necessary, throughout the life of the Contract. Changes to the accepted APP must be made with the knowledge and concurrence of the Contracting Officer, project superintendent, SSHO and Quality Control Manager. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered. Should any severe hazard exposure (i.e. imminent danger) become evident, stop work in the area, secure the area, and develop a plan to remove the exposure and control the hazard. Notify the Contracting Officer within 24 hours of discovery. Eliminate and remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions in order to safeguard onsite personnel, visitors, the public (as defined by ASSP A10.34), and the environment |
29 CUTTING AND PATCHING
| 29.1 |
| Refinish surfaces exposed to view in finish work to match adjacent finishes. Blend refinishing work with existing finish so that the two are indistinguishable. |
30 PRE-CONSTRUCTION CONFERENCE
| 30.1 |
| Before work commences on this contract, the Contracting Officer will conduct a conference to acquaint the contractor with Government policies and procedures that are to be observed during the execution of the work and to develop mutual understanding relative to the administration of the contract. Contractors and/or major subcontractors shall attend this meeting at no additional cost to the Government. |
| 30.2 |
| Immediately after award, prior to commencing any work at the site, coordinate with the Contracting Officer a time and place to meet for the Preconstruction Conference. The meeting should take place within 14 calendar days of contract award. Notice to Proceed (NTP) will be issued at this meeting pending performance/payment bond approval. The purpose of this is to discuss and develop a mutual understanding of the administrative requirements of the Contract including but not limited to: daily reporting, invoicing, value engineering, safety, base-access, outage requests, hot work permits, schedule requirements, quality control, schedule of prices or earned value report, shop drawings, submittals, cybersecurity, prosecution of the work, government acceptance, final inspections and contract close-out. Contractor must present and discuss their basic approach to scheduling the construction work and any required phasing. |
31 MILITARY REAL PROPERTY DATA- DD FORM 1354
| 31.1 |
| Contractors shall furnish real property data to the Government for each new construction and/or renovation project awarded, unless otherwise notified. The real property data shall be furnished via DD Form 1354, Transfer and Acceptance of Military Real Property, or in a format prescribed on the DD Form 1354. The Contractor is responsible for accuracy of data current up to the time of submission. |
| 31.2 |
| For major renovation and/or complex projects, or those expected to exceed 12 months, the Contractor shall furnish real property data no less than on a quarterly basis. Frequency of submission shall be standard throughout the duration of the project. Contractors are advised to record information on the DD Form 1354 (or approved facsimile) as the project progresses, due to the volume of data required to be furnished. Upon completion of the project, the Contractor shall furnish a final, comprehensive DD Form 1354. |
| 31.3 |
| For major renovation and/or complex projects, or those expected to exceed 12 months, the Contractor shall furnish real property data no less than on a quarterly basis. Frequency of submission shall be standard throughout the duration of the project. Contractors are advised to record information on the DD Form 1354 (or approved facsimile) as the project progresses, due to the volume of data required to be furnished. Upon completion of the project, the Contractor shall furnish a final, comprehensive DD Form 1354. |
| 31.4 |
| Contractors should contact the Contracting Officer at 302 Newmarket Street, Newington, NH 03801 with questions pertaining to the DD Form 1354. For construction data assistance, Contractors may consult the COR assigned to the project. |
32 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER
This Paragraph specifies the procedure for the determination of time extensions for unusually severe weather. For the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:
| 32.1 |
| 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. |
| 32.2 |
| The unusually severe weather must cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor. |
| 32.3 |
| 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 monthly weather time evaluations. The contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays in all weather-dependent activities. |
| 32.4 |
| Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor’s scheduled workday. |
| 32.5 |
| 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, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather workdays, and issue a bilateral modification. |
33 SUBCONTRATING PLAN— RESERVED
34 SUBCONTRACTORS
| 34.1 |
| Provide a list of contact personnel of the Contractor and subcontractors including addresses and telephone numbers for use in the event of an emergency. As changes occur and additional |
information becomes available, correct and change the information contained in previous lists.
| 34.2 |
| Within 10 days of notice to proceed (NTP), provide Contracting Officer a Completed Statement of Acknowledgement Form SF 1413 for each Subcontractor. |
35 SUBMITAL REGISTER
| 35.1 |
| Within ten (10) days of the Notice to Proceed, the contractor shall submit an initial submittal register to the Government using an SF 96. The Government will provide the initial submittal register in electronic format drafted by the A-E. Contractor shall be responsible to add any items not included in the register and make initial upload into Contractors Construction Management Software. Thereafter, the Contractor is to track all submittals in Contractors Construction Management Software. Ensure all submittals are made against register items, such that duplications are not made by creating a new item with a submittal. Any additional submittals found to be necessary shall be added to the Contractors Construction Management Software submittal register by the Contractor, and the submittal made against the register item |
| 35.2 |
| Do not submit information in a submittal for which the appropriate register item / SD has not been selected. Such information will not be reviewed. Multiple SDs for one Specification Section may be submitted together as appropriate so long as all are identified in the Contractors Construction Management Software transmittal. In general, for ease of uploading and downloading, combine documents for a submittal into one PDF, however it must be indicated within the PDF which pages apply to which SD. An individual PDF is not required for each SD in a transmittal. |
36 WASTE MANAGEMENT PLAN
| 36.1 |
| Within ten (10) days of Notice to Proceed, the contractor shall submit a waste management plan to the Government for review. The waste management plan shall address how the contractor will manage and dispose of all waste and debris materials generated during the construction process. |
37 CHANGE ORDERS
| 37.1 |
| The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the Contract, including changes: |
(1) In the Specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Government-furnished property or services; or
(4) Directing acceleration in the performance of the work.
| 37.2 |
| Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided that the Contractor gives the Contracting Officer written notice stating: |
(1) The date, circumstances, and source of the order; and
(2) That the Contractor regards the order as a change order.
| 37.3 |
| Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. |
| 37.4 |
| If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this Contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the Contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. |
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