W15QKN-20-Q-5013 Released.pdf

0011422116

Section 000 000 000 – Procurement and Contracting Requirements

MICHAEL BUSH 609-562-4054

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

24-Jan-2020

(RFP)

(IFB)

X

CALL:

Repave Parking Lot

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______2 calendar days and complete it w ithin ________160 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________27 Feb 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

W15QKN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CSS#9871

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W15QKN20R5013 57

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(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)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W15QKN20R5013

Section 00 00 00 - Procurement and Contracting Requirements

INSTRUCTIONS TO OFFERORS

Instructions to Offerors

1. On behalf of the 99th Readiness Division (RD) the U.S. Army Contracting Command - New Jersey has a new requirement for the Repaving of a Parking Lot at the TSGT Frank D. Pergory United States Army Reserve Center (USARC) located at 1634 Cherry Ave, Charlottesville, VA 22903-3704 under Solicitation No. W15QKN-20-Q- 5013/Project No. CSS#9871. The contractor shall furnish all plant, labor, equipment, materials, transportation, supervision and technical expertise to perform requirements in accordance with the Specification Of Work (SOW).

All repairs outlined in the SOW shall be performed. The North American Industry Classification System (NAICS) code that apply to the principal nature of the acquisition: 238990 - Other Specialty Trade Contractors – Size Standard of $16,500,000.00.

The period of performance for this requirement shall be for 160 calendar days from the notice to proceed.

Place of Performance TSGT Frank D. Pergory USARC located at1634 Cherry Ave, Charlottesville, VA 22903-3704

Quotes shall be valid for 120 calendar days from date of solicitation closure.

THIS IS A 100% TOTAL SMALL BUSINESS SET-ASIDE AND IS SUBJECT TO THE AVAILABILITY

OF FUNDS

2. The Offeror must be registered in the System for Award Management (SAM) prior to award in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM, go to https://www.sam.gov.

3. Disclosure of the Magnitude of Construction Projects (FAR 36.204): Advance notices and solicitations shall state the magnitude of the requirement in terms of physical characteristics and estimated price range. The estimated price is to be described in the terms of the following price range: Between $250,000.00 and $500,000.00.

4. Bid Guarantee: In accordance with FAR 52.228-1 a Bid Guarantee is required for this requirement.

5. Bond Requirements: The contractor MUST furnish the required Performance and Payments Bonds within 10 Calendar Days after contract award.

6. Site Visits are highly encouraged for this requirement. The primary and alternate site visit dates and times are as follows:

Address: TSGT Frank D. Pergory USARC 1634 Cherry Ave.

Charlottesville, VA 22903-3704

Primary Site Visit:

28 January 2020 at 10:00 AM (Ante Meridian) ET (Eastern Standard Time)

Alternate Site Visit:

30 January 2020 at 10:00 AM EST

All notifications to attend shall be submitted via e-mail at least 24 hours prior to the scheduled Site Visit date/time to Michael Bush, Contract Specialist at michael.a.bush89.civ@mail.mil, Contracting Officer Anthony Pavese at Anthony.R.Pavese.civ@mail.mil, AND Scott Grenier, Regional Facility Operation Specialist (RFOS) at scott.agrenier.civ@mail.mil AND Don Huson, Area Facility Operation Specialist (AFOS) at donald.l.huson.ctr@mail.mil. If the notification to attend the Site Visit is not provided 24 hours prior to the Site Visit date/time the request will be denied.

7. Questions shall be emailed to both the Contract Specialist, Michael A. Bush at Michael.a.bush.civ@mail.mil and the Contracting Officer, Anthony R. Pavese at Anthony.r.pavese.civ@mail.mil. Questions must specify the section and/or paragraph of the Request for Proposal (RFP) for which the clarification is desired. Questions are due no later than 12:00PM EST on 04 February 2020. Responses will be posted to the Beta Sam website (www.beta.sam.gov/) once the question period has closed.

8. Completing a Quote for Submittal:

(a) Offeror(s) shall provide with its offer, the name, title, address, email address and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company. Quotes are due no later than the date and time listed in the Standard Form (SF) 1442, Block 13, and shall be submitted to BOTH: Michael A. Bush, Contract Specialist at michael.a.bush.civ@mail.mil, and Anthony R. Pavese, Contracting Officer at anthony.r.pavese.civ@mail.mil. Updates to this solicitation will be posted on the Beta Sam website (www.beta.sam.gov/).

(b) Offeror(s) shall submit a signed SF 1442 (p. 2, Offer Section).

(c) Offeror(s) shall provide a price for all FFP Contract Line Item Numbers (CLINs).

(d) Pricing for each CLIN shall be submitted in the proper format. The proper format consists of QUANTITY

* UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY. If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the QUANTITY will be held to be the intended price.

(e) Subcontracting: Pursuant to Federal Acquisition Regulation (FAR) 52.219-14, Limitations on Subcontracting, by submission of an offer and during execution of a contract, the Contractor agrees that in performance of the contract it will perform at least 15 percent of the cost of the contract not including the cost of materials, with its own employees.

(f) Offeror(s) shall submit with its offer, it’s valid Certificate of Insurance, as prime contractor, in accordance with the requirements and applicable insurance amounts set forth within the solicitation at FAR 52.228-5, Insurance – Work on a Government Installation,” and “Insurance Requirements.”

(g) Offeror(s) shall submit a detailed, itemized breakdown of Labor and Material Breakout of quote.

(h) Offeror(s) shall complete and submit Attachment 0004, Construction Worksheet for Contractor Proposal.

This requirement must be performed in accordance with the SOW.

9. Attachment(s):

Attachment 0001 – Pictures Attachment 0002 – Arch Map Attachment 0003 – Site Map (VA006) Attachment 0004 – Construction Worksheet for Contractor Proposal

10. All quotes shall remain valid for 120 calendar days.

II. EVALUATION CRITERIA

a) This requirement is issued in accordance with FAR 13, Simplified Acquisition Procedures. Award shall be made to a single contractor. Award will be made to the lowest priced technically acceptable, responsible, responsive offeror that meets the requirements of the Specifications of Work and the solicitation.

You must submit a technical approach with your quote to be considered for award. Your technical approach shall address whether you are subcontracting this effort or performing as the prime, your approach to how will you accomplish these services and equipment available for these services. The technical quote shall also include your technical capability, explanation of equipment, and manpower. Failure to provide this information may render your quote unacceptable.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADMINISTRATION SUMMARY

1. Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In my absence, please contact the Contracting Officer.

2. CHANGES: The Contract Specialist will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

3. POINTS OF CONTACT:

Contracting Officer Anthony R. Pavese Phone: 609-562-7300 Email: Anthony.R.Pavese.civ@mail.mil

Contract Specialist Michael A. Bush Phone: 609-562-4054 Email: Michael.a.bush89.civ@mail.mil

Government Point of Contact Scott Grenier Cell: 254.220.8083 Email: scott.a.grenier.civ@mail.mil

4. SERVICE LOCATION:

TSGT Frank D. Pergory USARC 1634 Cherry Ave.

Charlottesville, VA 22903-3704

5. CONTRACTOR INFORMATION:

Name: TBD Phone: TBD Email: TBD

ACC-NJ LOCAL NARRATIVES

HQ AMC-LEVEL PROTEST PROGRAM

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.

Send protests (other than protests to the contracting officer) to:

• Address:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

• Fax: (256) 450-8840

• Email: usarmy.redstone.usamc.mbx.protests@mail.mil

• The AMC-level protest procedures are found at:

Web Address: http://www.amc.army.mil/amc/commandcounsel.html

If Internet access is not available contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

LEVEL I ANTI-TERRORISM AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR

EMPLOYEES (OCT 2010)

(a) All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for “national security systems” as defined by 44 U.S.C. 3542(b)(2), should be certified in Level I Anti-Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract.

(b) The term Federally-controlled facility is defined as:

(1) Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;

(2) Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only;

(3) Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and

(4) Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.

(c) The term “Federally-controlled information system” means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

(d) The term "contractor employee" includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers

(c) The term “Federally-controlled information system” means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

(d) The term "contractor employee" includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers.

REQUIRED INSURANCE

The contractor shall provide proof of Certificate(s) of Insurance in accordance with FAR Clauses 52.228-5, Insurance – Work on a Government Installation, the following applicable insurance amounts are required at a minimum:

(1)Workers' Compensation and Employer's Liability: At least 100,000.00 coverage

(2) General Liability: Bodily injury liability insurance coverage shall be written on the comprehensive form of policy of at least $500,000.00 per occurrence.

(3) Automobile Liability: Shall provide automobile liability insurance written on the comprehensive form of policy:

At least $200,000.00 per person for bodily injury, $500,000.00 per occurrence for bodily injury, $20,00.00 per occurrence for property damage.

SCOPE OF WORK

SPECIFICATION OF WORK

99th Readiness Division Directorate of Public Works Fort Dix, New Jersey 08640

2 December 2019

Project Name: Repave Parking Lot Project Number: CSS#9871 (VA006) Project Location: TSGT Frank D. Peregory USARC

1634 Cherry Avenue Charlottesville, VA 22903-3704

Project POC: PRI: (RFOS) Regional Facilities Operations

Specialist/QAR:

Scott Grenier

Project POC/ALT: AFOS: Don Huson Project POC/ALT: FAC COR: SFC Mayes Project POC/RSC:

HQ Eng. Tech: Jim Partyka

1. GENERAL CONTRACTOR:

1.1. Shall furnish all plant, labor, equipment, materials, transportation, supervision and technical expertise to perform requirements in accordance with the specifications and allotted period of performance described in this Specification of Work (SOW).

1.1.1. Shall provide their own storage shed or trailer for on-site office accommodations and for storing of equipment and material. The “On-Site Government Quality Assurance Representative” (QAR) will assign the contractor a location for placement of their shed or trailer upon request.

1.2. Is obligated to verify all measurements and specification requirements at the on-site visit prior to starting the project. No extra compensation shall be allowed for the contractor who does not attend the on-site visit and who does not appreciate the difficulty of the contract specifications. Any discrepancies, ambiguities or changes must be verified and confirmed in writing to the Contracting Officer, Contracting Officer Representative (COR), and QAR.

1.3. Shall furnish all submittals for equipment and/or materials that vary from requirements of this SOW. All submittals are required to be turned in and approved by the QAR 30 days prior to ordering any of those materials.

1.3.1. Shall provide, unless otherwise specified, new and unused materials and/or installed equipment in the original manufacturer’s packaging. All materials stored on the job site are subject to inspection by the QAR and must be protected from the elements at all times.

1.4. Shall not perform any portion of this contract without notice to proceed. Shall not commence work prior to the Government COR/QAR pre-construction meeting. Shall notify the COR/QAR a minimum of 72 hours prior to commencing work and prior to completing work on this contract.

1.5. Shall submit, prior to commencing any work: A current Certificate of Insurance (Prime and Subs); A letter appointing a construction superintendent; A schedule of operations. The construction schedule shall be subject to change so Contractor’s operations do not conflict or otherwise disrupt normal operations of the government in the facility involved.

1.6. Shall perform the work between the hours of 0730 and 1600 (7:30 AM – 4:00 PM), Monday through Friday (unless otherwise specified), excluding legal holidays. NO EXCEPTIONS, any work on military training/drill weekends or federal holidays must have prior written coordination and approval between the Contractor, Project POC (Primary or Alternate), and the Facility Manager.

1.6.1. Shall submit on company letterhead to the QAR an “Entry Authorization Letter” registering all motor vehicles and driver/operators information as required to access individual installations.

1.6.2. Shall ensure all motor vehicles, drivers and operators are qualified, licensed and insured.

1.7. Shall ensure compliance with all applicable Federal, State, and Local Municipal environmental regulations concerning the protection of land, water and resources. Shall apply most stringent regulation requirements to any ambiguities, deviations must be approved in writing by the Contracting Officer or COR. The types and quantities of all hazardous materials brought to the job site shall be reported to the facility/installation environmental officer.

1.8. Shall call/coordinate, prior to any excavation, with local municipalities and the facility utilities section to identify all underground utilities.

1.8.1. Prior to any underground excavation, the contractor shall call and obtain approval from the state in which the work is being performed.

1.8.2. A copy of the approval notification letter or valid authorization number must be available for inspection at the excavation site.

1.9. Shall be responsible for any damages caused by them or their subcontractors during the performance of this contract, and shall be required to reimburse the United States Government for the cost of any repairs resulting from those damages, or the Contractor/ Subcontractor shall make the necessary repairs to the satisfaction of the United States Government.

1.9.1. The contractor shall hold the Government harmless against any liability imposed by a Federal, State, or Local regulatory agency, resulting from the negligent acts or willful misconduct of the contractor to include assessment of a civil or administrative penalty or fine.

1.10. Shall be solely responsible for ensuring compliance with the provisions of this contract by subcontractors.

Shall ensure work be performed by workmen skilled in their particular trades, and certified as required by Federal, State and Local laws and/or codes.

1.11. Shall be required to leave the job site in a safe and secure condition at the end of each workday. The contractor shall provide at his/her expense a Dumpster for all construction debris, dumping shall also be at contractor expense. The Contractor shall at no time use government dumpsters.

1.12. Shall clean the job site of all construction debris at the end of each working day. The daily clean-up will not alleviate the Contractor from the responsibility of the final clean-up for acceptance, upon completion of this contract. All debris removed from the job site shall be disposed of IAW all federal, state and local regulations, at a proper off post/facility landfill or properly permitted treatment, storage and disposal facility for the type of waste, of the Contractor's own choice and at the Contractor's expense. In case of conflict among these laws and regulations, the most stringent law or regulation will apply. The Contractor shall verify that the facility receiving the waste is properly permitted or allowed to accept the type of waste being shipped to them. Due to mandating of solid waste annual reporting requirements, contractor shall provide any and all receipts, manifest/BOL, and/or other written record of types of waste and amounts disposed within 30 calendar days of the completion of the project. Records should be provided to Kevin Gashlin, 99th RD Solid Waste Coordinator at kevin.f.gashlin.ctr@mail.mil.

1.13. Shall ensure all work be completed in the negotiated time frame.

2. CONTRACTOR QUALITY CONTROL

2.1. The Contractor shall provide and maintain an effective quality control program that complies with the Contract Clause (FAR 52.246-12), the below stated quality control requirements and the quality control requirements stated in the respective section of the Technical Specifications. Quality control personnel shall also be charged with the responsibility of policing Contractor’s Safety Program.

2.2. The Contractor shall establish a quality control system to perform sufficient inspection and testing of all items of work, including that of their subcontractors. The quality control system shall ensure conformance with applicable specifications and drawings with respect to materials, workmanship, construction, finish, functional performance, and identification.

2.3. The quality control system will be established for all construction except where the technical provisions of the contract provide for specific Government control by inspections, tests, or other means. The Contractor’s quality control system will specifically include the surveillance and tests required in the technical provisions of the contract specifications. For purposes of the above description, shop manufacture or standard products are not defined as construction.

2.3.1. The Contractor’s quality control system is the means by which they assures themselves their construction complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on and off-site fabrication.

2.3.2. The Contractor shall not build up or conceal any feature of the work containing uncorrected defects, and payment on deficient items will be withheld until they are satisfactorily corrected or other action has been taken as authorized pursuant to the Contract Clause entitled “Inspection of Construction”.

2.3.3. The Contractor’s appointed job site supervisor may be used as the Quality Representative (QR). When supplemented by special technicians or testing facilities to perform all specified tests, balancing, adjusting and/or regulating mechanical and electrical devices, equipment and/or systems it will be done in writing. As an option, an industry recognized testing laboratory approved by the Contracting Officer or COR may be used for said testing.

2.3.4. The contractor is responsible for maintaining an effective quality control system. Recurring deficiencies indicate the system is not adequate and the contractor’s performance is failing to meet government’s minimum acceptable standards. If, in the opinion of the Contracting Officer, an unacceptable number of deficiencies are occurring in the contractor’s performance, the Contracting Officer may direct the contractor to revise its operations to correct the defective performance. Failure by the contractor to provide acceptable revisions and/or to improve contract performance may result in the termination of the contract for default.

2.3.5. In the event the Contractor utilizes the service of a commercial testing laboratory, the Contracting Officer reserves the right to check laboratory equipment for compliance with the standards set forth in the contract specifications and to check the laboratory technician’s testing procedures and techniques.

3. GOVERNMENT

3.1. The Government will provide, when available, electrical power, water and existing utilities at each building required in the performance of this contract at no cost to the Contractor. Temporary extension of power and/or water lines, if necessary, shall be installed at the Contractor’s expense.

3.1.1. Contractor owned construction sheds, trailers, offices or other such facilities requiring utility services shall be metered for each utility involved, and all costs involved up to the point of connection to Government owned utility systems shall be at the contractor’s expense. Final connection of Contractor supplied service laterals to existing Government owned utility systems will be made at the Contractor’s expense.

3.2. Contracting Officer or COR will schedule a pre-performance conference after contract award and prior to commencement of work. The Contracting Officer will notify the contractor of the time, date, and place set for the meeting, which will be held at a location to be designated by the Contracting Officer. At this meeting, the contractor will be oriented with respect to Government procedures and lines of authority, as well as contractual, administrative, and construction matters. The contractor is required to furnish a current Certificate of Insurance and a letter appointing a construction superintendent at the meeting.

3.2.1. Pre-Construction Conference: Topics will cover but are not limited to the following:

3.2.1.1. Introduction of Key players: COR/QAR, General Contractor, Job-site Supervisor, Sub-Contractors and using agencies. Other personal that may be in attendance are Environmental, Police, Fire, Safety and Health services, in addition to Distinguished Visitors.

3.2.1.2. Scope of Work (SOW): Brief description of work, modifications to SOW, customer requests for additional work, unauthorized work, facility access and authorized personnel access.

3.2.1.3. Milestones: Period of performance, start date, schedule, phasing, completion date, work hours desired, weekend work schedule, scheduled outages/interruptions (power, water, roads, alarms, fire protection, HVAC).

3.2.1.4. Materials: Submittals, equipment, construction area, storage area, Government provided utilities, dumpster locations, Barriers (construction fence, silt fence, road blocks, access points to facilities, etc.)

3.2.1.5. Administrative: Lines of authority, Wage rate/certified payrolls, Daily reports, Visitor control, Environmental requirements (hazards, dust and noise control), Safety meeting/concerns, Excavation permits, Fire (burn Permits), Police support, Payments, Liquidated Damages.

3.2.2. Contracting Officer, COR and/or their QAR may inspect the work at any time during the contract period, and reserves the right to stop or terminate the contract if all work does not comply with the specifications provided by the manufactures recommendation of this SOW. The presence or absence of the Contracting Officer or QAR shall not relieve the Contractor from strict compliance with these plans and specifications.

3.3. Technical surveillance of workmanship and inspection of materials for work being performed under this contract shall be the responsibility of the QAR. This provision in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract. In the event it is determined necessary to designate a QAR for this contract, such designation shall be by a separate letter to the individual selected with a copy furnished to the contractor.

3.4. The Government, its Officers and Agents will be free from liability for any negligence occasioned by the Contractor’s operations, employees or equipment. In addition, the Contractor will reimburse the Government for any damage and/or loss that occurs as a result of the Contractor’s negligent operations, employees or equipment.

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

3.6. Federal Holidays (New Year’s Day, Martin Luther King JR’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day), that fall within the workweek will not be considered workdays. Whenever a holiday falls on a Saturday or Sunday, the proceeding Friday or following Monday respectively will be observed as a holiday. Prior to the contractor performing the work on days or at times other than those specified, the contractor shall submit a written request to the QAR for approval by the Contracting Officer. Requests for deviation shall be submitted no less than 24 hours prior to the time the contractor desires to work.

4. LIFE, SAFETY AND HEALTH REQUIREMENTS:

To better provide life, safety and health protection to all contractor employees, on-site personnel, and Government personnel performing or in any way coming in contact with this contract the specific requirements established here-in will be adhered to at all times:

4.1. 29 CFR 1910: Comply with all pertinent provisions of 29 CFR 1910 General, and with any additional measures the Contracting Officer may determine to be reasonably necessary. Copies of this manual may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402.

4.2. OSHA: Comply with latest version of OSHA Handbook Rules and Regulations.

4.3. NFPA: Comply with the most current edition of the National Fire Codes (NFPA) and installation fire prevention standards. www.nfpa.org/catalog

4.3.1. All open flame/hot work or disconnection of fire protection alarms or suppression systems require prior written approval/coordination from one of the 99th Readiness Division (RD) POC’s listed on the first page of this document.

4.3.2. Any connection, disconnection or installation of fire protection alarms or suppression systems shall require an acceptance test performed by the contractor and witnessed by the local Fire Prevention Authority having jurisdiction over that facility. In the event the fire alarm system cannot be disconnected (i.e., child development, hospital, etc) a temporary system will be provided and certified by the local Fire Prevention Authority having jurisdiction. Work required to be performed after hours due to the nature of the facility will be at no additional cost to the government.

4.3.3. All fire alarm system components, including all smoke and heat detectors, shall be protected from dirt, dust and damage during demolition and construction.

4.4. AR 420-90: Comply with Army Regulation 420-90, http://www.usapa.army.mil.

4.5. Lockout / Tagout Procedure: The Contractor shall perform this work in accordance with 29 CFR 1910.147, The Control Of Hazardous Energy and the following general requirements.

4.5.1. Preparation: Make a survey to locate and identify all isolating devices to be certain which switches, valves, or other energy isolating devices apply to the equipment to be locked or tagged out. More than one energy source such as electrical, mechanical or others may be involved.

4.5.2. Sequence Of Lockout/Tagout Procedure:

4.5.2.1. Notify all affected personnel that a Lockout/Tagout system is going to be used and the reason therefore.

The authorized personnel shall know the type and magnitude of energy the machine or equipment uses and shall understand hazards thereof.

4.5.2.2. If the machine or equipment is operating, shut it down by the normal stopping procedure such as depressing stop button, open toggle switch, etc.

4.5.2.3. Operate the switch, valve, or other energy isolating devices so that the equipment is isolated from its energy source. Stored energy such as in charged capacitors, springs, elevated machine members, rotating flywheels, hydraulic systems and other pressurized air, gas, steam, or water systems etc. must be dissipated or restrained by methods such as repositioning, blocking, or bleeding down the stored energy.

4.5.2.4. Lockout and/or tagout the energy isolating devices with assigned individual locks, tags, or additional safety measures as may be required.

4.5.2.5. After ensuring that no personnel are exposed, and as a check on having disconnected the energy sources, operate the push button or other normal operating controls to make certain the equipment will not operate.

CAUTION: Make sure the operating controls are returned to the "NEUTRAL" or "OFF" position after the test.

4.5.2.6. The equipment is now locked out or tagged out.

4.5.3. Restoring Machines Or Equipment To Normal Production Operations:

4.5.3.1. After the servicing and/or maintenance is complete and equipment is ready for normal production operations, check the area around the machines or equipment to ensure that no one is exposed.

4.5.3.2. After all tools have been removed from the machine or equipment, guards have been reinstalled, and personnel are in the clear, remove all lockout and tagout devices. Operate the energy isolating devices to restore energy to the machine or equipment.

4.5.4. Procedure Involving More Than One Person: In the preceding steps, if more than one individual is required to lockout or tagout equipment, each shall place his/her own personal lockout or tagout device on the energy isolating devices. When an energy isolating device cannot accept multiple locks or tags, a multiple lockout or tagout hasp shall be used. If a single lock is used to lockout the machine or equipment, the single key shall be placed in a lockout box or cabinet which allows the use of multiple locks to secure it. Each employee shall then use his/her own lock to secure the box or cabinet. As each person no longer needs to maintain his/her lockout protection, only that person shall remove his/her lock from the box or cabinet.

4.6. USACE EM 385-1-1: The Contractor shall be responsible for knowing the Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, (use the current version at the time of task order award), and incorporate those general and additional safety requirements into daily working procedures to provide safe working conditions during performance of this contract. Copies of this manual may also be obtained from the Superintendent of Documents. http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/toc.htm

4.7. Site Safety Plan: The Contractor shall submit in writing a Site Safety Plan and present the overall safety program via in-person conference with the Contracting Officer and/or Primary Project POC. The Site Safety Plan shall follow the requirements of the EM 385-1-1 and include all relevant Accident Prevention and Activity Hazard Analyses. The Site Safety Plan shall include provisions to deal with hazardous materials, pursuant to the Contract Clause entitled "Hazardous Material Identification and Safety Data".

4.7.1. With respect to hazardous materials, the plan will consist of:

4.7.1.1. A plan for protecting personnel and property during the transport, storage, and use of the materials.

4.7.1.2. An index of hazardous materials to be introduced to the site.

4.7.1.3. Safety Data Sheets (SDS) for materials listed in the index of the plan and not required in the technical section of the specification.

4.7.1.4. Procedures for spill response and disposal.

4.7.2. The Contractor shall not turn in hazardous waste generated during performance of the contract, for disposal by the government, unless such disposal is explicitly provided for in the contract. If specified in the contract, the Contractor shall provide an SDS for each hazardous material/waste turned in to the government for disposal.

4.7.3. The contractor shall not dispose hazardous materials/waste in any dumpster, sanitary sewer, storm sewer or dispose of hazardous materials/waste by any other means on government property.

4.7.4. The contractor shall not sign any hazardous waste manifest. Signature authority for hazardous waste manifests is delegated only to certain personnel within the Environmental Office. The contractor shall provide copies of all manifests or bills of lading for the transportation and disposal of all asbestos or asbestos containing materials to the Environmental Office.

4.8. Hazardous Material Contact (PCB, Asbestos or Led Material): If material is encountered which may contain PCB's, hazardous materials, asbestos and/or led and must be disturbed, DO NOT touch the material. Should the discovery of such suspected material affect the Contractor's planned work schedule, the Contractor shall redirect the work crew to other portions of the unaffected work and modify the schedule at no additional cost to the Government.

4.8.1. Contractor shall contact/notify RFOS from page one of this specification of work immediately if suspected material as described in section 4.8. is encountered.

4.8.2. Contractor shall in writing, address circumstances and concerns to be addressed by the RFOS regarding the discovery of the suspected material and of any adverse impact the Contractor may expect to incur due to this situation.

4.8.3. The RFOS as identified will, within 14 calendar days, perform laboratory tests to determine if the material is a hazard. If there is not a danger, the RFOS will direct the Contractor to proceed in the identified area without change. If the material is identified as hazardous, before proceeding, the RFOS will determine the most cost-effective means for removal. The hazardous material will be removed, abated or rendered harmless before work commences.

4.9. Environmental Protection Requirements: Provide and maintain strict compliance with all federal, state, county and local environmental protection requirements including but not limited to, water, air, soil, and noise pollution during the life of this contract.

4.9.1. In the event of a spill, initiate containment operations utilizing personnel properly trained and protected for such situations and immediately notify the Contracting Officer and/or On Site Representative/POC from page one.

4.9.2. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice.

4.9.2.1. Prevent oily or other hazardous substances from entering the ground, drainage areas, storm drainage system, or local bodies of water.

4.9.2.2. Keep dust down at all times, including during nonworking periods. Sprinkle or treat with dust suppressants, the soil at the site, and other areas disturbed by operations. Dry power brooming will not be permitted. Instead use vacuuming, wet mopping, wet sweeping, or wet power brooming. Only wet cutting will be permitted for cutting concrete, and bituminous concrete.

4.9.2.3. Handle generated hazardous waste in accordance with federal, State, county and local regulations including

40 CFR 262.

4.9.3. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Dispose of hazardous waste in strict accordance with federal, State, county and local regulations including 40 CFR 263 and 40 CFR 264.

4.9.4. Make the maximum use of low-noise emission products, as certified by the EPA. Blasting or the use of explosives is prohibited.

4.10. Ozone Depleting Substances (ODS): The Contractor shall not knowingly vent or otherwise dispose of any ODS in a manner which would permit their release into the environment. ODS's are generally found in refrigerants, fire-fighting agents, and solvents.

4.10.1. The Contractor shall use only those products that are approved and listed by the EPA Significant New Alternatives Program (SNAP).

4.10.2. The Contractor shall furnish a material safety data sheet to the Government representative prior to use of any ODS or SNAP product on station.

4.10.3. Class I ODS's: The use on installations or the removal off an installation is strictly prohibited without the prior knowledge and consent of the Contracting Officer.

4.10.4. Class II ODS’s: Shall be used only when specified by the Government.

4.10.5. When ODS's of any class are used or saved for reuse, the Contractor shall list this amount in pounds on the "Daily Report To Inspector" form and the Contractor's invoice.

4.10.6. ODS's shall be captured and recycled in conformance with all applicable Federal, State, and local regulations.

4.11. Safety Officer: The Installation Safety Officer will be responsible for monitoring the contractor in the area of safety and accident prevention. Additional information may be provided and Contractor shall comply with the safety rules of the Government installation concerning related activities not directly addressed in this contract.

4.11.1. The Contractor’s personnel, when operating motor vehicles, shall not exceed ten (10) miles per hour when passing military troops on the roadways, and abide by post speed limits otherwise.

4.12. Occupancy:

4.12.1. It shall be the Contractor’s responsibility to coordinate with QAR to schedule and perform his work in such a manner as to create the least possible interference with the conduct of normal activities within the areas.

4.12.2. The Contractor shall not receive any additional compensation due to the conditions brought about by this occupancy and usage of the Government.

4.12.3. Contractors are only authorized to occupy areas in which active construction, maintenance, repair or associated work in the performance of the contract is required to be done.

4.12.4. The Contractor shall not block more than one access of the building at any time, nor shall he disrupt the existing parking arrangement at any of the building parking areas without prior coordination with the QAR.

5. CONDUCT OF EMPLOYEES

5.1. The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under the contract. The Contractor shall not allow any employee to perform work under the contract while under the influence of alcohol, drugs or any other incapacitating agent.

5.1.1. Contractor employees will abide by the DOD Smoking Policy.

5.2. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar an individual from entering the post under the authority of 18 U.S.C. 1382.

5.3. Removal from post of a contractor employee in accordance with above shall not relieve the Contractor from the requirement to meet all of the terms and conditions of the contract.

6. SECURITY

6.1. At all times during the performance of work within the facilities, the Contractor and their employees shall remain cognizant of security restrictions existing within the facility. The Contractor’s employees shall ensure any doors, windows or access panels which may have been opened for them during the course of the work period are secured at the end of the day.

6.2. The Contractor shall report any incident in which no escort is provided for scheduled work within secured areas of the building or any occurrence during which an escort leaves the Contractor’s employees while within a secure area.

6.3. The Contractor and their employees may store tools and equipment within the work area. However, recognize they do so at their own risk even if the area can be secured.

7. INSPECTOR GENERAL’S (IG) AUTHORITY TO INSPECT CONTRACTORS

7.1. The Inspector General shall have access to the Contractor’s facilities, employees, operations, and records at the site where work is being performed at all times to conduct inspections or for other purposes. Where feasible, advance notification of an IG inspection or investigation will be provided to the Contractor by the Contracting Officer.

8. DEFINITIONS

8.1. Where the words “Special Contract Clauses” or “Special Clauses” appear in test provisions, the Technical Specifications, or on contract drawings, it shall be taken to mean “Special Contract Requirements”.

8.2. Throughout this contract, the word “indicated”, “shown”, or “specified” shall mean indicated, shown, or specified in the drawings and/or specified in the specifications.

8.3. Throughout this contract, the words “as directed” “inspected”, “selected”, or “accepted” shall mean as directed, inspected, selected or accepted by the QAR. The words, “approved” or “authorized” shall mean approved or authorized by the Contracting Officer. These definitions are provided as guidance for the contractor, and shall service as the governing interpretation when this language appears within the body of this contract and apparently conflicts with the above.

9. APPLICABLE PUBLICATIONS:

Those applicable publications that are not listed in the Applicable Publication paragraph of the Technical Specifications sections, but are found elsewhere in the text of those specifications, also form a part of this contract.

10. SUBMITTALS / DELIVERABLES

10.1. SUBMITTALS: Contractor shall provide submittals to the COR for submittal approval minimum 30 days prior to scheduled installation of any referenced materials substituted in the technical sections herein, unless otherwise noted. Submittals shall be approved prior to installation of any referenced materials substituted.

10.1.1. Original and four (4) copies of each submittal shall be provided and signed by the contractor. Once approved, original and four copies will be stamped “Approved”, signed and dated by the COR.

10.1.2. Distribution of submittals: Approved submittals will be included in the deliverables portion as stated in paragraph 10.2 below.

10.2. DELIVERABLES: Send a minimum of 30 days prior to contract completion date original and four (4) copies of ALL final documentation; submittals, certifications, laboratory tests, descriptive data, test reports, required shop drawing, site surveys, and warranties. Send via First Class Mail, FedEx, or UPS to:

99th Readiness…