Smoke_Shelter_Solicitation_-_TBPDAFRW13R0004.pdf
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
AFRW-COW-13-0036
Bureau of the Public Debt
Division of Procurement
Avery 5F 200 Third Street
BPD-DDAYTON
Attn: D. Dayton
Parkersburg WV 26101
DAVID DAYTON
1x 08/02/2013
TBPDAFRW13R0004
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Construction of Smoke Shelter
The magnitude of this construction project will be between $25,000 and $100,000
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
5 45 calendar days and complete it within ________________ ________________ calendar days after receiving
09/03/2013
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
Armed Forces Retirement Home-DC Sherman Building, 1st Floor
3700 N. Capitol Street, NW Washington DC 20011-8400
AFR-DC
HARRY W. SCOTT
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 35
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
TBPDAFRW13R0004
Delivery Location Code: AFR-HOME-DC-CO
AFR-HOME-DC-CO
3700 N. CAPITOL STREET, NW
WASHINGTON DC 20011-8400 US
FOB: Destination
0001 Build Smoke Shelter in accordance with attached 1 LO SOW and design
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
TBPDAFRW13R0004 Page 4
SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
1. Background. The United States Congress established the Armed Forces Retirement Home (AFRH) as a separate federal agency in 1991 when it enacted the Defense Authorization Act, Public Law 101-510.
AFRH is the only Federal Agency that does not receive tax payer funds for every day operation. The Agency’s source of income flows from the enlisted men and women of the Armed Forces of the United States through a small payroll deduction and forfeitures. In addition to the contributions from enlisted personnel, AFRH enjoys donations from generous individuals and the interest income from a trust fund established in 1855 for the Forefather to AFRH, the United States Soldiers Home. While the total number of residents varies from month-to-month, AFRH provides a home for approximately 600 former enlisted personnel in their retirement years at both the Gulfport and Washington campuses. This Home provides retired veterans with the common daily living needs such as: private rooms, bank, chapel, convenience store, mail room, laundry facilities, barber/beauty shop, dining facility, and a 24-hour security and staff presence. In addition to these common needs, AFRH offers social, recreational, and occupational activities for many interests. While residents live in this community, AFRH provides for their overall health care needs in a high quality manner; including on site primary care, medical care, and a continuum of long-term care services as residents transition from independent living. Our residents found it to be an honor to serve our country. AFRH finds it to be an honor to serve them now.
2. Purpose. A contractor shall provide all management, supervision, personnel, services, materials, supplies, facilities, transportation, tools, and general and specialized equipment to build a smoke pavilion per the conceptual drawings in the approved attached Undertaking Review Request (URR).
3. Scope. The Contractor shall inspect, assess required work, and perform the required tasks to Design/Build a Smoke Pavilion including MEPs on the previously completed site per the Approved URR by National Capital Planning Commission (NCPC), Commission of Fine Arts (CFA), and the District of Columbia Historic Preservation Office (DC HPO) along with cleaning up/repairing the east side of Quarters 40 next to the Pavilion where the Addition was once attached.
4. Specific Tasks. The contractor shall provide all labor, material, equipment, and services to fulfill all requirements stated herein this contract.
The contractor is to build a Smoke Pavilion structure in agreement with the comments and concept described in the attached URR. The landscape and hardscapes (sidewalks, fire pit, plants, and foundation) have been completed by another Contractor.
In addition to building a Smoke Pavilion structure per the approved concept and requirements, the contractor is to perform the following tasks:
o Add lights, a fan, and natural gas space heaters appropriate for the space and enclosure.
o Connect a gas line to the natural gas meter 50 feet away from the pavilion, run a line to the connection point of the pavilion, and connect to the pavilion.
o Where the previous landscape contractor demolished the attached addition on quarters
40 to make way for a Smoke Pavilion, the contractor is to remove any remnants of the addition that exists on quarters 40 including removing the paint from the brick and installing a new door and fixing the window per the URR. (An entire restoration is not desired. We’re looking for the demolished area related to the old addition to look in the same condition as the rest of the building.)
Execution Requirements – The execution of all work shall be in strict accordance with these specifications and manufacturer’s written specifications or Material’s Institute Standards. Where the manufacturer’s recommended details are used, the manufacturer shall be responsible for the performance of their product. All work not specifically mentioned that is required to make the work complete and operational shall be included.
TBPDAFRW13R0004 Page 5 o Codes - Construction shall comply with all applicable International Code Council (ICC), federal, state, and local building codes. It is the responsibility of the Contractor to insure compliance with said codes and modify the specifications as needed to comply with such codes. Refer to section 10 for inspections required.
o Measurements - The Contractor shall check and verify all dimensions and conditions before proceeding with construction. Do not scale drawings. Noted dimensions take precedence.
o Workmanship - Workmanship shall conform to the best and highest standards of quality in each trade and shall include all items of fabrication, construction, and installation. All work shall be completed by skilled tradesmen and mechanics. Installation of all equipment and materials shall be in strict accordance with manufacturers’ recommendations/instructions and applicable codes. Where required as outlined by law, work shall be performed by licensed individuals.
o Insurance - Builders Risk Insurance shall be maintained by the contractor during the course of construction until final acceptance by AFRH. All bonding and insurance requirements shall be coordinated with AFRH prior to beginning construction. All contractors shall provide and be solely responsible for necessary barricades and safety precautions, and strictly adhere to all governing codes on safety, including the OSHA Act.
5. Period of Performance. Will be based on the date in the following schedule:
45 days after award
6. AFRH Business Hours. When the contractor performs their responsibilities during AFRH’s Business Hours, they shall arrange work so as not to cause interference with normal occurrence of Government business. Though areas of AFRH are open 24 hours per day; 7 days per week, AFRH’s Business Hours are 7:00am to 4:00 pm, Monday through Friday, excluding Federal holidays: New Years Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and Inauguration Day (Washington, DC only).
6.1 Allowable Contractor Hours of Operation. The Contractor may perform work between the hours of 6:30 A.M. and 8:00 P.M. any day of the week unless otherwise directed by the COR.
7. Place of Performance. Work shall be performed on-site at the AFRH Campus in Washington, D.C.
8. Permits, Licenses, Records, and Reporting. The contractor shall be responsible for submission of all required code compliant forms and shall obtain required permits and licenses for the performance of work. Upon submission of reports or the acquisition of permits or licenses, the contractor shall provide one (1) copy to the Government for its records.
9. Contractor Regulatory Responsibility. The Contractor shall comply at all times with applicable laws, regulations, and codes issued by Federal, State, and local Municipality governing health, safety, environmental, and fire prevention in regards to their performance responsibilities. While performing duties, the contractor shall abide by all industry standards and original equipment manufacturers’ (OEM) specifications and recommendations.
While the Contractor is not required to pull permits with the City of DC, the Contractor is required to have the appropriate inspections. AFRH has procured an inspection service from a DC Certified Inspection Provider. The Contractor is to utilize this vendor to obtain and pass all DC inspections typically required for such a project.
10. Contractor-Furnished Equipment (CFE) and Vehicles. The Contractor shall furnish all equipment and materials including, but not limited to, motor vehicles, containers, and administrative equipment required to perform work required under this Contract. The Contractor shall repair and maintain all CF
TBPDAFRW13R0004 Page 6 vehicles and equipment in a safe and serviceable condition suitable for their intended use. The Contractor shall not use any Government-owned tools, materials, or parts to maintain CF vehicles or equipment. CF vehicles or equipment not meeting applicable safety standards shall not be operated or stored on the AFRH facilities.
11. Contractor-Owned (CO) Vehicle Condition and Markings. All Contractor-owned vehicles shall be maintained in a neat, presentable, and operational condition. Contractor vehicles shall have clearly marked signs of sufficient size on both sides of the vehicle so as to be distinguishable from Government equipment. Markings shall include, but not be limited to, the Contractor’s name, telephone number, and the vehicle identification number.
12. Contractor-Furnished Facilities (CFF). The Government will not provide facilities and the Contractor shall not place, construct, or otherwise provide additional buildings or facilities at the AFRH without prior written approval. The absence or non-availability of facilities shall not be cause for non-performance of this Contract.
13. Removal of Contractor Property. Within seven (7) calendar days after expiration or termination of this performance period, the Contractor shall remove of all Contractor-owned vehicles, equipment, tools, supplies, materials, and other items from the AFRH. The Government will not be responsible for any Contractor-owned property left after performance period expiration or termination. If the Contractor does not remove said property from the AFRH within the stated time, the Government will take possession of said property and dispose at the Contractor’s expense or use for AFRH’s needs.
14. Government Furnished Equipment (GFE). None
15. Government Personnel. The Contracting Officer (CO) has the overall responsibility for contract administration. The CO is the only Government representative authorized to amend, modify or deviate from the contract. The Contracting Officer’s Technical Representative (COR) will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of this contract. The COR responsibilities include: determining the compliance and adequacy of performance by the Contractor, in accordance with the terms and conditions of this contract; requesting removal of unsuitable contractor employees; approving schedule and Quality Control Plan changes; ordering re-performance of unacceptable work or performance by other means, etc.
16. Management. The Contractor shall manage the total work effort associated with the services required herein to ensure fully adequate and timely completion of these services, and permit tracking of work in progress. Such management includes, but is not limited to, planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide staff with the necessary management expertise to assure the performance of the required work.
Many of the services required by this contract include routine and scheduled weekend and holiday support and the Contractor shall ensure appropriate supervision and management consultation is available to respond to complaints or emergencies.
16.1 Key Personnel. Key personnel are defined as the Contract Manager and designated alternates.
The Contractor shall provide a Contract Manager and perform continual management of the functional areas contained in this SOW. The Contract Manager shall conduct overall management coordination and shall be the central Point of Contact (POC) with the Government for performance of all work under the SOW. A Contractor employee shall be designated to act for the Contract Manager when work is being performed outside of duty hours or during the Contract Manager’s absence.
The Contractor shall be required to provide the resume of key personnel at the time of award of contract for approval. At the Post Award conference, the Contractor shall submit to the COR, in writing, the name, title, office, home, and mobile telephone number of the Contract Manager.
TBPDAFRW13R0004 Page 7
16.1.1 Substitution of Key Personnel. Any changes to the working status of key personnel shall be submitted to the COR for approval within 14 working days prior to the change. In addition, the Contractor shall provide personnel with specific licenses and certifications as required in this Contract.
16.1.2 Supervision of Work. The Contractor Manager shall supervise work performed by Contractor personnel to ensure that all Contract requirements are met. The Contract Manager or designated alternate shall ensure that required supervision of Contractor personnel is provided whenever work is being performed.
16.2 Contractor Responsiveness. The Contractor shall ensure the COR has current emergency contact numbers for cases where services pertaining to execution of the SOW need to be addressed at other than normal Contract work hours. A personal answering machine and/or service is permitted at other than normal Contract workdays and work hours for receipt of COR emergency response work requirements, provided that the Contract Manager or designee responds to all calls within 8 hours after notification of the call by the answering machine and/or service. If that’s after hours, then contractor should respond at beginning of next business day. The Contract Manager and any individuals designated to act in that capacity shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the SOW.
The Contract Manager or his designated representative shall be immediately available during all “Allowable Contractor Hours of Operation” (see Section 7.1).
17. Contractor Employees. All employees are to be responsible and of good character.
17.1 Employee Qualifications and Certifications. The Contractor shall ensure that only qualified personnel with required licenses or certifications perform work on the AFRH premises.
17.2 National Agency Check. All Contractor personnel are required to undergo background security investigations to ensure suitability for employment with a Federal entity. At a minimum, criminal background checks shall be conducted for Maryland (MD), the District of Columbia (DC), Virginia (VA), and any state where the prospective staff member has resided for the last seven years. For non-recurring or temporary services, the Contractor shall submit to the CO a letter for the CO's review to ensure whether a NAC is needed or not.
17.3 Employee Conduct. The Contractor shall be responsible for the performance and conduct of Contractor and subcontractor personnel. Personnel employed by the Contractor in the performance of this SOW or any representative of the Contractor entering the installation shall abide by the security regulations and policy letters or directives of AFRH and shall comply with Executive Order 13490, January 21, 2009, Prescribing Standards of Ethical Conduct for Government Officers and Employees.
No contractor employee shall accept money or gifts from Residents. Contractor employees are prohibited from entering the occupied rooms of independent living residents without the prior approval of the COR.
Any violation of the above will result in immediate removal of the employee by AFRH security.
Contractor employees shall not exhibit rude behavior toward civilians or other Contractor personnel.
Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be grounds for denying the employee further access to the installation.
The Contractor shall not employ for performance under this SOW any person whose employment would result in a conflict of interest with the Government's standards of conduct
17.4 Personnel Appearance. Contractor employees shall be well-groomed; clean; neat in appearance;
clothes properly fitted; uniform appearance with nametags; and appropriately dressed for the work to be done. Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, Anti-American, or which advocates the use of illegal drugs or other unlawful conduct.
TBPDAFRW13R0004 Page 8
17.5 Employee Roster. At the Contract start, the Contractor shall provide the COR with a roster that lists all employees (to include subcontractor employees) requiring AFRH site access, their job titles, and CDL# for drivers. The Contractor shall update the roster as required, but not less than quarterly.
17.6 Smoking. Smoking is prohibited in all AFRH buildings and at least 25 feet from any occupied building on AFRH’s campus. Contractor employees shall ensure that the smoking policy is observed in all areas of the AFRH.
17.7 Alcohol and Drug Use. The contractor shall not allow any employee to perform work when the employee is under the influence of alcohol, illegal drugs or prescription drugs which can adversely affect the employee's ability to perform their duties in a safe manner. Employees found to be under the influence of alcohol, prescription, or illegal drugs will be immediately removed from AFRH. The contractor is responsible for establishing the method(s) by which employees will be determined to be under the influence of alcohol, prescription. or illegal drugs. The Government reserves the right to require any contractor employee that is displaying errant or unexplained behavior to be removed from AFRH and immediately tested.
17.8 Termination of Employees. The Contractor shall ensure that employees who resign or are terminated from employment return identification badges to the Government immediately upon termination of employment with the Contractor.
18. Contractor Personnel Access. Contractor personnel shall be accompanied by COR or designee(s) while at AFRH or obtains written approval by the COR for unescorted access to the contractors work areas but shall be subject to inspections by the Government as deemed necessary.
19. Contractor Personnel Removal. Government rules, regulations, laws, directives, and requirements that are issued during the Contract term relating to law and order and security shall be applicable to all employees or representatives who enter AFRH. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of employees does not relieve the Contractor from the responsibility for the work defined in this SOW.
The COR may require the Contractor to remove any employee performing requirements under this SOW for reason of misconduct or security risk posed. Contractor employees shall be subject to dismissal from the premises upon determination by the COR that such action is in the interest of the Government.
20. Replacement of Contractor Employee for Security Reasons. The Government retains the right to request removal of the contractor’s employees, regardless of prior clearance or Background Investigation (BI) adjudication status, whose actions clearly conflict with the interests of the Government. Upon the determination by the CO that a contractor employee should be removed, the contractor must remove the contractor’s employee immediately after notification and shall provide replacement within 5 working days.
21. AFRH Personnel and Other Contractors. Government employees or other contractors may be performing services in areas associated with the requirements of this contract. Some examples may be contractors performing specialized and one-time jobs. The Government will facilitate initial contact between contractors or government employees performing duties associated with this contract. The Contractor shall provide all further required coordination with the contractor.
21.1 Disputes with AFRH Personnel and/or Other Contractors. The Contractor shall notify the COR, in writing, of disputes in receiving support from, or providing support to other contractors and/or government personnel within eight (8) working hours from the time the dispute occurs. If the Contractor is not able to resolve the dispute with the other contractor and/or government personnel within a reasonable amount of time (a reasonable amount of time will be defined by the COR upon initial notification), the issue shall be forwarded to the COR for resolution. The COR shall provide written notice of dispute resolution(s) to the contractor no later than five (5) workdays after the written notice for dispute resolution.
22. Pass and Identification Items. Pass and identification items are required for all contractor personnel and non-Government owned vehicles entering AFRH. The contractor pass and identification
TBPDAFRW13R0004 Page 9 request shall be made to the COR on company letterhead and shall include: Contractor employee names, social security numbers, birth dates and work and home phone numbers.
23. Employee Badges/Parking. Contractor personnel shall visibly display Government furnished identification badges on their person in accordance with the AFRH procedures. All contractor personnel shall comply with parking procedures published for the AFRH. Contractor employees shall return all AFRH issued identification badges and parking/vehicle IDs to the attending AFRH security officer stationed at the AFRH Security Gatehouse immediately upon exiting AFRH.
24. Safety. While performing the contract requirements, the contractor shall ensure the protection of employees, health and safety of AFRH residents, staff, and visitors while preventing damage to property, materials, supplies, equipment, and work interruptions. The contractor shall:
• Comply with all OSHA, District of Columbia Safety Code, and the AFRH Safety Regulations.
• Ensure that any additional safety measures will be incorporated when it is deemed necessary by the Contracting Officer (CO) or COR.
• Ensure resident safety and shall report safety concerns to the AFRH Safety Officer.
25. Motor Vehicle/Traffic Regulations. Contractor employees operating motor vehicles at AFRH shall possess a valid driver's license. Driver and vehicle permits, licenses, registrations and proof of insurance shall be maintained in the vehicle at all times and made available upon request. Contractor employees shall comply with District of Columbia laws requiring seat belts be worn at all times. Contractor employees shall adhere to the posted speed limits. Speed limits on AFRH grounds are 15 mph unless otherwise posted. Only 5 mph is permitted when AFRH residents are present. Contractor personnel driving a motor vehicle on AFRH cannot use a cell phone unless the vehicle is safely parked or the driver is using a hands-free device.
26. Data and Information The Contractor shall respond to requests for any information from the COR and provide said information in a reasonable timeframe.
The Contractor shall obtain COR approval before releasing any stored, generated, or archived information related to this SOW to news agencies, the Contractor’s corporate or other off-site offices, other government agencies, other contractors, private parties, or any other entity other than the COR, the Chief of Campus Operations, the CO, or the AFRH Agency.
27. Non-Payment for Additional Work. Any additional services or a change to work specified which may be performed by the contractor, either at its own volition or at the request of an individual other than a duly appointed CO, except as may be explicitly authorized in the contract, will be done at the financial risk of the contractor. Only a duly appointed CO is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.
28. Indemnification. The contractor shall indemnify and hold harmless the Government and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person or property growing out of or attributable to any work performed under or related to the Contract, regardless of whether such claims, losses, damages, actions, expenses, and/or liability may be attributable to the fault, failure, or negligence of the contractor.
29. Environmental Compliance. The contractor is responsible for compliance with all AFRH, local, state and federal environmental policies and mandates. Penalty charges resulting from contractor's failure to comply with environmental policies and mandates will be borne by the contractor only. The contractor shall take any corrective actions as directed by such agencies with no additional cost to the Government.
TBPDAFRW13R0004 Page 10
30. Government Supervision of Contract Personnel. The Contractor shall be subject to inspections, audits, and work interruptions by AFRH personnel and personnel from other Government agencies. Such inspections, audits, and work interruptions are typical for government contractors and may delay the work performed by the contractor.
31. Quality Control. The contractor and the contractor personnel shall be responsible for quality control but shall be subject to government inspections and surveillance.
31.1 Inspections by the Government. The CO and COR will inspect for compliance with contract terms throughout the contract period. The Government will monitor the Contractor's performance under this Contract by performing checks of the Contractor’s performance of SOW tasks. The Government will not only monitor “logistical tasks,” but will also evaluate the Contractor’s response and resolution to customer complaints. Typical procedures include random sampling, planned sampling, scheduled inspections, incidental inspections, and customer complaints.
31.2 Inspection Reports. The Government will record surveillance inspections. When the Contractor's performance is unsatisfactory, a Contract Discrepancy Report (CDR) will be issued. The Contractor shall reply in writing within five (5) workdays from the date of the CDR. The reply must give the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.
31.3 Quality Assurance. The Government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The purpose of the QASP is to ensure that all SOW requirements are complete and acceptable. The plan will ensure reliable continued service and preclude unnecessary complaints as a result of unacceptable performance. The Government’s QASP includes the following elements:
• COR acceptance of performance objectives
• Periodic surveillance of contractors work.
• Performance meetings with the contractor.
31.4 Participation in Government Quality Assurance. In addition to performing Contractor quality control, the Contractor shall participate in Government quality assurance programs as required by the
CO.
31.5 Quality Control Plan. The Contractor shall establish and maintain a Quality Control Program (QCP) to ensure the work performed conforms to contract requirements and submit the QCP as part of their proposal package.
32. Performance Meetings. The Government and contractor representatives shall meet as often as necessary to ensure satisfactory performance in accordance with the SOW.
33. Periodic Surveillance. This method employs a “spot check” style of evaluation and may be adjusted, based on quality trends. The Government retains the right to inspect all SOW requirements.
The contractor shall correct the unacceptable performance within 24 hours. If the contractor does not correct the unacceptable performance within 24 hours, the COR will notify the CO who will take appropriate administrative action.
34. Performance Evaluation. Contract is subject to a performance evaluation to be placed in contract file upon performance completion
TBPDAFRW13R0004 Page 11
SECTION D- PACKAGING AND MARKING
D.1. PAYMENT OF POSTAGE AND FEES
The Contractor shall pay all postage and fees related to submitting information and materials to the Government unless mutually agreeable alternate arrangements are made between the Government and the Contractor.
D.2. PREPARATION FOR DELIVERY
All items shall be packaged in accordance with normal commercial practice.
D.3. MARKING OF SHIPMENTS
To facilitate identification, the Contractor and each subcontractor making shipments to the Government shall mark each piece, bundle, or container (inside and outside) with the Government contract number, the task order number, and, in addition, mark all shipments in accordance with normal commercial practice.
TBPDAFRW13R0004 Page 12
SECTION E-INSPECTION AND ACCEPTANCE
E.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/
The following clauses are incorporated by reference:
52.236-5 Material and Workmanship (APR 1984) 52.236-11 Use and Possession Prior to Completion (APR 1984) 52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994)
TBPDAFRW13R0004 Page 13
SECTION F-DELIVERIES OR PERFORMANCE
F.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/
52.242-14 Suspension of Work (APR 1984)
F.2 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days. The time stated for completion shall include final cleanup of the premises.
F.3 52.211-12 Liquidated Damages-Construction (SEP 2000)
52 (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $175.00 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
F.4 PLACE OF PERFORMANCE
All work is to be performed at the Armed Forces Retirement Home located in Washington, DC at the following address:
Rock Creek Church Road NW & Upsher Street NW Washington, DC 20011-8400
F.5. CONTRACT PERIOD
The contract period of performance is that work shall be completed within 45 calendar days from date of award.
TBPDAFRW13R0004 Page 14
SECTION G–CONTRACT ADMINISTRATION DATA
G.1 CONTRACTING OFFICE INFORMATION
Contracting Officer (CO): Harry Scott
Contract Negotiator/Administrator: Harry Scott/Shanon Hayes
Address:
Bureau of the Fiscal Services Administrative Resource Center Division of Procurement, Avery 5F 200 Third Street Parkersburg, WV 26101-5312 Telephone: (304) 480-7127 Fax Number: (304) 480-7203 Email: harry.scott@bpd.treas.gov
G.2 CONTRACT ADMINISTRATION
In no event shall any understanding or agreement, contract modification, change order, or other matter deviating from the terms of this contract between the Contractor and a person other than the CO be effective or binding upon the Government. The CO is the only person authorized to make or approve any changes in any of the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the discretion of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof. See G.1 above for contact information.
G.3 1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND
AUTHORITY (JUN 2012)
(a) The COR will be identified at time of award.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
TBPDAFRW13R0004 Page 15
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1 NON-PAYMENT FOR ADDITIONAL WORK
Any additional services or a change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed CO, except as may be explicitly authorized in the contract, will be done at the financial risk of the Contractor. Only a duly appointed CO is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract (see G.2, Contract Administration).
H.2 UNAUTHORIZED PERSONNEL
The Contractor shall inform all personnel working under this contract (including Subcontractor and visiting supplier personnel) that access to areas outside the immediate work area, excluding direct haul and access routes, COR offices, point of supply, and storage, is prohibited unless otherwise authorized in the contract. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined, according to on-site installation procedures.
H.3 PERFORMANCE EVALUATION OF CONTRACTOR
At a minimum, the Contractor's performance will be evaluated upon final completion of the contract. Any specific requirements for contract quality control and quality assurance by Government personnel will be defined in the contract. The Contractor will be notified of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation. All Contractor comments will be made a part of the official record. Performance evaluation reports will be available to Government agency contracting offices for future use in determining Contractor responsibility.
H.4 PRE-CONSTRUCTION CONFERENCE
Prior to the Contractor commencing work under this contract, an on-site pre-construction conference will be conducted 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.
H.5 INDEMNIFICATION
The Contractor shall indemnify and hold harmless the Government and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person or property growing out of or attributable to any work performed under or related to this contract, regardless of whether such claims, losses, damages, actions, expenses, and/or liability may be attributable to the fault, failure, or negligence of the Contractor.
H.6 INSURANCE – WORK ON A GOVERNMENT INSTALLATION
In accordance with FAR 52.228-5, the contractor shall have insurance in the following amounts:
1. Workmen’s compensation and employer’s liability-$100,000.
2. General Liability-$500,000 per occurrence.
3. Automobile liability-$200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage.
4. Prior to contract commencement, the Contractor shall furnish to the CO a certificate or written statement certifying compliance with the above-required insurance compliance. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective for such a
TBPDAFRW13R0004 Page 16 period as the laws of the State in which this contract is to be performed prescribe, or until 30 days after the insurer or the Contractor gives written notice to the CO, whichever period is longer.
5. The Contractor agrees to insert the substance of this clause, including this paragraph, in subcontracts under this contract that require work on a Government installation.
H.7 GOVERNMENT-FURNISHED EQUIPMENT/MATERIALS
NONE
H.8 Change Order Administration Procedure
a. When a Change in the Scope of the Work is contemplated which may affect the Contract Value or duration of the Work, the COR will issue a numbered "Proposal Request" detailing the Work involved in such proposed Change. The "Proposal Request" may be accompanied by drawings and other descriptive data. The issuance of a "Proposal Request" does not, in any way, authorize commencement of the Work therein described.
b. Upon receipt of such "Proposal Request," the Contractor shall promptly issue a "Change Quotation" stipulating the change in cost of Project and duration (if any) as a result of the proposed change.
Quotation shall be complete with an itemized material and labor breakdown, indicating quantities and costs for each item of material and labor, as provided in the Contract. Quotations not completely itemized will be returned to the Contractor. Each "Change Quotation" shall be numbered and will reference the number of the Proposal Request if applicable. Revised quotations shall be resubmitted with original number with suffix "Rev" and a revised date.
c. Should the COR, after review, consultation, and approval of the Contracting Officer, find the Change Quotation to be acceptable, a Change Order will be issued by the Contracting Officer. The Change Order may be accompanied by drawings and other descriptive data to describe the change. Such drawings will be referenced on the Change Order form and when the Change Order is signed by all parties, such drawings will become a part of the Contract Documents.
H.9 RECORD DRAWINGS
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 COR upon completion of the project. The record drawings shall indicate all changes and corrections to 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 indicators become covered or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of the 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 prior to the issuance of each task order.
H.10 CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS
a. At the end of each workday, the Contractor shall cleanup the work and storage areas and stack all materials in a manner approved by the COR or specified on the task order. 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 task order or by the CO or designee, disposal of debris shall be made at the Contractor's expense and shall be delivered to a state approved disposal site located off Government property. 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.
TBPDAFRW13R0004 Page 17
b. 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.
H.11 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall be handled, transported, stored, and disposed of by the Contractor and any Subcontractors at all times in accordance with all applicable Federal, state, or local laws, ordinances, regulations, court orders, or other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 470), ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). If the Government is 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 such liability.
H.12 HAZARDOUS MATERIALS
a. Any material suspected of being hazardous that is encountered during the performance of a task order shall immediately be brought to the attention of the COR. At this time a determination will be made as to whether hazardous material testing shall be performed. If the CO directs the Contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective or remediation measures, a task order modification may be required, subject to equitable adjustment under the terms of the contract.
b. 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, saturate, impregnate, 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 CFRs 1910.1001, 1910.1009 and 2916-55 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.
H.13 POLLUTION ABATEMENT
a.…
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