W52P1J-20-Q-3041 AMD 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Page 2

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 10-Sep-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W52P1J20Q3041

X 9B. DATED (SEE ITEM 11)

31-Aug-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

10-Sep-2020

CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

W52P1J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W52P1J20Q3041

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 10-Sep-2020 12:00 PM to 13-Oct-2020 12:00 PM.

The following have been modified:

ADDENDUM TO FAR 52.212-4

MCAAP Additionsl Instructions (applies to contractors working on the installation, as well as visitors and delivery drivers)

TITLE:

52.0023-4000 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM – FOR WORK

PERFORMED AT MCALESTER ARMY AMMUNITION PLANT (OCT 2008)

CLAUSE:

The Contractor shall perform work under this contract consistent with all applicable federal, state, local requirements and with the relevant policy and objectives identified in McAlester Army Ammunition Plant’s (MCAAP’s) environmental management system (EMS) located at http:www.mcaap.army.mil. The Contractor shall perform work in a manner that conforms to all applicable Environmental Management Programs and Operational Controls identified by the MCAAP EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to MCAAP’s EMS objectives and goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and all associated costs. The Contractor shall also provide cleanup of any spills, including oil, that result from the Contractor’s operations and report spills to MCAAP’s Environmental Management Office. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Environmental Management Office and approved by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract.

Prior to commencing work, all on-site Contractors shall provide documentation to the Contracting Officer that any required EPA sponsored environmental training specified for the type of work conducted has been obtained. Upon contract award, and during performance of the contract, the Contracting Officer’s Representative will provide or arrange EMS training for appropriate Contractor staff.

TITLE:

52.0045-4001 PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION (FEB 2004)

CLAUSE:

The following are prohibited within the general confines of the McAlester Army Ammunition Plant at any time:

(a) Firearms/dangerous weapons

(b) Drugs/intoxicants

(c) Binoculars, cameras, camera equipment, cell phones and PDAs with camera capability (unless authorized by the Security Officer)

(d) Matches, lighters or other fire flame or spark producing devices in designated areas

(e) Gas cans/flammable material storage containers (unless approved by MCAAP Fire Department)

(f) Fireworks without the Commander's approval

(g) Smoking in all buildings, when handling flammable and hazardous materials, in railroad cars, trucks and vans, on warehouse docks and platforms, in open storage containing combustibles, within 50 feet of a gasoline refueling storage or drainage area, where posted signs prohibit smoking.

(End of clause)

TITLE:

52.0045-4002 SECURITY REQUIREMENTS - BADGING

CLAUSE:

(a) Any foreign nationals without a green card will not be allowed entrance to the installation. Those individuals with a green card must be escorted within the restricted area at all times

(b) Contractors by virtue of contract award will be given access privileges to McAlester AAP. Contractors/Sub- Contractors are required to provide security at McAlester AAP a letter of introduction for company personnel by providing the following: 1) Name; 2) Physical Address (including city and state); 3) Date of Birth; 4) Place of Birth; and 5) Whether or not they are a U.S. Citizen on company letterhead. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Traci Howard, McAlester, OK 74501 or faxed to 918-420-7379.

(Applies to contracts that require access to restricted areas)

(c) Each member of the Contractor's work force shall be individually badged at the Security Office in Building 31.

The badge shall be retained and worn by the Contractor's employees throughout the contract period. (Applies to contracts that require access to restricted areas)

(d) Contractor is responsible for the turn-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to contracts that require access to restricted areas)

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to contracts that require access to restricted areas)

(f) Be prepared to produce security badges each time entering a security area. Temporary badges for any individual who may have forgotten his/her badge can be obtained from the Security Office. (Applies to contracts that require access in restricted areas).

(End of clause)

52.0045-4003 SECURITY REQUIREMENTS - VEHICLES

CLAUSE:

(1) TRAFFIC ENFORCEMENT: (a) McAlester AAP traffic laws are enforced by the Law Enforcement and Security Division using Oklahoma state codes. All roads/streets have speed limit signs posted; (b) Traffic violations are adjudicated by the U.S. Magistrate located at McAlester AAP. Court appearances may be requested or mandatory; and (c) Radar is used to enforce traffic speed limits.

(2) INSURANCE: All vehicles entering the installation must possess the minimum insurance as required by the State of Oklahoma.

(3) VEHICLES: (a) Vehicles entering McAlester AAP, whether Contractor-owned or privately owned, shall undergo inspections and may be issued a pass if entering a restricted area. Vehicle permits for restricted areas will be issued for up to 45 days maximum. Each vehicle will be required to carry a fire extinguisher at all times; (b) Company or privately-owned vehicles, when parked, must have ignition keys removed. After duty hours, vehicles left on the installation will be parked outside restricted areas unless otherwise stipulated in the contract. Vehicles or equipment remaining inside restricted areas will be properly secured or immobilized; and (c) Contractor is solely responsible for the removal of incapacitated vehicles or equipment from restricted areas. (d) All vehicles shall be parked at least 20 meters from all buildings unless unloading or loading; and (e) The contractor can expect to be inspected at one or all of the two manned gates. The contractor should expect five to ten minute delays at each gate.

In addition, to get to some of the remote areas, the contractor should expect at least a 15-minute delay both in and out to allow security to open necessary gates.

(4) RESTRICTED AREAS: Any contractor personnel granted access into restricted areas will be subject to vehicle search upon entering or leaving these areas possibility resulting in some delay. Any non-US contractor personnel granted access into restricted areas w ill at all times be escorted by US contractor personnel who have been properly badged and granted access. (Applies to contracts that require work in restricted areas)

52.0011-4000 RECEIVING OFFICE REQUIREMENT – MCAAP (FEB 2004)

CLAUSE:

At the McAlester Army Ammunition Plant truck shipments are accepted at Warehouse 8, Receiving Office, Monday through Thursday (except holidays) from 6:30 A.M. until 3:00 P.M. only. All shipments and deliveries must be at the main gate (truck gate) on or before 3:00 P.M. No shipments will be accepted after 3:00 P.M. unless prior arrangements have been made.

Receiving office will be closed and NOT accepting any deliveries on the following dates in 2019 and early 2020.

Those dates are:

20 Jan 2020 Martin Luther King Jr. Day 17 Feb 2020 President's Day 21 May 2020 MCAAP Safety Stand Down (Tentative) 25 May 2020 Memorial Day 2 Jul 2020 Independence Day Observed 7 Sep 2020 Labor Day 12 Oct 2020 Columbus Day 24 Oct 2020 MCAAP Safety Stand Down (Tentative) 11 Nov 2020 Veterans Day 12 Nov 2020 Plant Shut Down (Tentative) 26 Nov 2020 Thanksgiving Day 24 Dec 2020 Christmas Day Observed 31 Jan 2021 New Year's Day Observed

Any deliveries for Thursday afternoons during the months of May and June SHALL BE scheduled in advance by calling 918-420-6695 to verify that deliveries are being accepted that day.

To gain entry to the installation for shipment/delivery, delivery drivers shall have a valid driver's license, residency status documentation (green card) if foreign national, and NO outstanding criminal history. Any other occupants of the delivery vehicle must also meet these requirements.

No shipments will be accepted on government holidays.

(End of Clause)

52.0032-4002 PACKING LIST (FEB 2004)

CLAUSE:

To expedite your payment, all shipments under this order shall be accompanied with packing lists or delivery tickets which shall contain the following information:

A. Name of supplier

B. Purchase order number, CLIN, and purchase request number

C. Date of order

D. Itemized list of supplies to include noun name, part number, quantity and unit of issue.

52.0046-4000 CERTIFICATE OF CONFORMANCE/CERTIFICATE OF ANALYSIS

CLAUSE:

At time of material shipment, copies of the Certificate of Conformance and Certificate of Analysis for each batch/lot of material shipped are to accompany the shipment. Failure to do so will delay processing of payment to the contractor. The certificate must contain at a minimum the following fields of data

(a) Manufacturer Name (Materials are qualified by manufacturer not distributor)

(b) Product Name or Description

(c) National Stock Number (If available)

(d) Specification

(e) Lot/Batch Number

(f) Manufacture Date

(g) Expiration/Re-inspection Date

(h) Analytical Data

52.0046-4001 MARKING INSTRUCTIONS (JUN 2010)

CLAUSE:

Mark all correspondence, parcels, packing slips, and invoices with the purchase order number W52P1J-and with the purchase requisition number (see schedule) to ensure prompt and complete payment.

52.0047-4001 HOURS OF OPERATION - MCAAP

CLAUSE:

Normal work hours are Monday through Thursday 6:30 A.M. until 5 P.M. Contractors will not be permitted to work on Fridays, Saturdays, Sundays, or legal holidays for any reason, unless otherwise approved by the Contracting Officer. The following legal holidays will be observed:

January 1st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1st Monday of September 2nd Monday of October November 11th 4th Thursday of November December 25th

When one of the designated holidays falls on a Friday or Saturday, holiday will be observed on Thursday. If the holiday falls on a Sunday, holiday will be observed on the following Monday.

BGAD Additional Instructions, (applies to contractors working on the installation, as well as visitors and delivery drivers)

52.0000-4000 02 NON-RELEASE OF CONTRACT INFORMATION (MAR 2000)

1. Any proprietary, confidential commercial, trade secret or similar type of information in the contract resulting from this solicitation may not be released to anyone outside the Government.

2. Do not release proprietary, confidential commercial, trade secret or similar type of information from this contract to anyone inside the Government that does not have a legitimate need to know the information.

3. If in doubt about what information in the contract may be released, contact the Contracting Officer.

4. Criminal penalties are provided by 18 U.S.C. for the improper release of proprietary and/or confidential commercial information. (End of notice)

52.0000-4918 AUTHORITY OF GOVERNMENT REPRESENTATIVE (FEB 2001) (AFSC 52.201-4500)

The contractor is advised that contract changes, such as engineering changes, will be authorized only by the Contracting Officer or his authorized representative in accordance with the terms of the contract. No other Government representative, whether in the act of technical supervision or administration, is authorized to make any commitment to the Contractor or to instruct the Contractor to perform or terminate any work, or to incur any obligation. Project Engineers, Technical Supervisors and other groups are not authorized to make or otherwise direct changes which in any way affect the contractual relationship of the Government and the Contractor.

1. Access to BGAD administration area and restricted area:

a. All individuals accessing BGAD must be favorably vetted prior to entry. Upon arrival at BGAD, an individual’s identity will be verified. Identity verification is made only upon the hands-on and visual inspection of a valid form of photographic identification. Acceptable forms of photographic identification include identification cards or passports issued by the United States (US) Government, DoD Common Access Cards (CAC’s, ), state issued driver’s licenses or identification cards that are Real ID Act compliant, and passports issued by foreign governments. Upon verification of identity, the individual will be vetted through the Automated Installation Entry (AIE) system and one or more of the following law enforcement databases: the National Crime Information Center (NCIC), the NCIC-Interstate Identification Index (III) or the Law Enforcement Network (LINK). Upon the discovery of wants/warrants or other derogatory information about an individual during the vetting process, the BGAD Director of Emergency Services (DES) will be contacted for an installation access fitness determination. Only the Installation Commander and designated representatives will perform installation access fitness determinations.

b. All personnel entering BGAD which includes, but not limited to, Federal Government employees with a CAC, all cleared contractors with and without CACs and all uncleared personnel will be vetted via NCIC-III through the AIE system. Uncleared personnel who do not have a Federally issued identification card includes, but is not limited to, all contractors, subcontractors, dependents, and tenant employees who are not cleared for access to classified information. If someone fails the AIE system vetting process, a full NCIC-III background will be run in order to verify the presence of any criminal history.

c. Personnel will be denied unescorted access to the installation if any of the following derogatory information is discovered in their criminal history:

(1) The NCIC-III contains criminal arrest information about the individual that causes the senior commander to determine that the individual presents a potential threat to the good order, discipline, or health and safety on the installation.

(2) The installation is unable to verify the individual’s claimed identity based on the reasonable belief that the individual has submitted fraudulent information concerning his or her identity in an attempt to gain access.

(3) The individual has a current arrest warrant in NCIC III, regardless of the offense or violation.

(4) The individual is currently barred from entry or access to a Federal installation.

(5) The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography, trafficking in humans, drug possession with intent to sell or drug distribution.

(6) The individual has a United States conviction for espionage, sabotage, treason, terrorism or murder.

(7) The individual is a registered sex offender.

(8) The individual has a felony conviction within the past 10 years, regardless of the offense or violation.

(9) The individual has been convicted of a felony firearms or explosives violation.

(10) The individual has engaged in acts or activities designed to overthrow the US Government by force.

(11) The individual is identified in the Terrorism Screening Database as known to be or suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity. When this capability becomes available to DoD, installation access control personnel will strictly follow the Federal Bureau of Investigation’s published engagement protocols.

d. Restricted Area access control is a critical aspect of the Army physical security program.

All individuals accessing the Restricted Area must demonstrate a valid purpose for entry, be favorably vetted and present a valid form of identification. All contractors must have a favorable NACI to have unescorted access to the restricted area.

2. Passes and Badges:

a. Security requirements at Blue Grass Army Depot, Richmond, Kentucky, include issuance of badges for identification purposes to personnel entering the Depot. Contractors are required to secure employee identification badges from the Security Control Office for all their employees engaged in contract performance who, as part of their employment, must enter the military reservation. No charge is made for badges if badges are returned. Contractors will be charged fifty dollars ($50.00) for each badge issued to replace lost badges or badges damaged through carelessness, negligence or misuse and no contractor employee will be permitted entry into the Depot unless he has in his possession and wears the prescribed identification badge.

b. All personnel requesting access to the Restricted Area will need a level 2 or higher BGAD Photographic Badge. The applicant will submit a fully completed BGAD Form 4 to PERSEC. Upon receipt of a BGAD Form 4 Badge Application, the card will be checked to ensure it has been properly completed and validated by the signatures of the Security Specialist (for employees), the Requesting, and Approving Authorities.

These signatures are required in order to validate that the requester has a valid need to access the Restricted Area. In accordance with AR 380-67 (Personnel Security Program), Personnel will be denied unescorted access to the Restricted Area if any derogatory information is discovered in these 13 adjudicative categories.

-- Allegiance to the United States -- Foreign Influence -- Foreign Preference -- Sexual Behavior

-- Personal Conduct -- Financial Considerations -- Alcohol Consumption -- Drug Involvement -- Psychological Conditions -- Criminal Conduct -- Handling of Protected Information -- Outside Activities -- Misuse of Information Technology Systems -- Any other character or trait that would questions an individual’s judgement, reliability, or trustworthiness

(1) Level 2. A large “2” on the Security identification (SID) Badge-Authorizes unescorted access to the Administrative Areas and the Restricted Controlled Area (i.e. access through Gate R1 or Gate 21). Individuals with a level 2 must have a favorable local area check and a favorable National Agency Check (NAC) or higher check.

These badge holders may act as escort for visitors within the designated area/s authorized on the Visitor Installation Pass form that require a level 2 or lower.

(2) Level 3. A large “3” on the SID Badge – Authorizes unescorted access to the Administrative Areas, the Restricted Controlled Areas, and the Restricted Limited Areas (i.e. A and G Areas). Individual with a level 3 must have a favorable NAC or NACI. These badge holders may act as escort for visitors within the designated area/s authorized on the Visitor Installation Pass form that require a level 3 access or lower.

(3) Level 4. A large “4” on the SID Badge – Individual with a level 4 badge must have a favorable NACI with NCIC and state/local background check or higher level security investigation or security clearance. A Level 4 badge authorizes unescorted access to the Administrative Areas, Restricted Controlled Areas, Restricted Limited Areas, and classified ammunition storage areas (assuming the person has appropriate level of clearance and is identified as being authorized to draw keys for classified storage structures

c. All individuals accessing the BGAD Restricted Area must be favorably vetted prior to entry before being granted either of the two types of access below:

(1) Unescorted: All individuals (to include but not limited to government employees, contractors, state employees, MWR patrons, and visitors) requesting unescorted access will have a NCIC-III, NACI, and State background check completed. Applicants will be issued an Escort Only badge until all checks to include the NACI are received by PERSEC. If the background checks all return as favorable, the BGAD Form 4 will be processed, the unescorted badge will be issued, and the individual will be added into the DSAS database authorizing entry into the Restricted Area. MWR patrons authorized unescorted access to the Restricted Area will be added to the access roster at ACP R1.

(2) Escorted: All individuals (to include but not limited to government employees, contractors, state employees, MWR patrons, and visitors) requesting escorted access (or waiting for their NACI results for unescorted access) will have a NCIC-III and State background check completed. If the background checks all return as favorable, the Form 4 will be processed, and the Escort Only badge will be issued. Hunters will always be escorted by a guide, fishermen without unescorted access must always be accompanied by a person authorized unescorted access to the Restricted Area.

d. Hours of Work:

Normal working hours are 6:30 A.M. until 5:00 P.M., EDT, Special Permission may be obtained to work until 30 minutes prior to sunset.

e. Traffic:

(1) The Contractor will be required to conform to Depot regulations as concerns:

(a) Designated routes

(b) Parking regulations

(c) Insurance - See below, INSURANCE REQUIREMENT concerning the type and amount of automobile liability insurance the contractor is required to maintain on all automobiles used by the contractor in connection with the performance of the contract. The contractor will also insure that all private vehicles brought on the Government reservation by either the contractor or any of his employees and not used in connection with the performance of this contract are fully insured for minimum amount of personal injury and property damage liability required by the State of Kentucky.

(2) Insurance Requirements

(a) In accordance with Insurance-Work on a Government Installation clause, FAR Reference 52.228-5, incorporated herein, the following amounts of insurance are required:

TYPE MINIMUM AMOUNTS

Workers' Compensation and Employer's Liability $100,000.00 General Liability, Bodily Injury Liability $500,000.00 per occurrence Automobile Liability $200,000.00 per person $500,000.00 per occurrence for bodily injury $20,000.00 per occurrence for property damage

f. Highway Barricades and Warning Signs:

The Contractor will be required to comply with Depot Regulations BGAD Reg 56-1.

g. Department of Defense (DoD), Department of Army (DA), Occupational Safety and Health Administration (OSHA) and local Blue Grass Army Depot (BGAD) rules and regulations shall govern contractors, sub-contractors, suppliers and their employees. A copy of the Blue Grass Army Depot Safety Regulation 385-1, Safety Manual will be provided to contractor upon award, and whenever requested.

(1) Contractors shall comply with Title 29 Code of Federal Regulations-1910 (OSHA General Industry

Standards), Title 29 Code of Federal Regulations-1926 (Construction Industry Standards) and National Fire Protection Association Codes as applicable.

(2) All contractor and subcontractor employees on site at BGAD shall comply with any and all safety requirements as stated in the specific statement of work or technical specifications applicable to the contract/order.

(3) OSHA VOLUNTARY PROTECTION PROGRAM – Blue Grass Army Depot is working towards participation in the OSHA Voluntary Protection Program (VPP). Accordingly, BGAD expects and requires full contractor compliance with all applicable safety regulations and standards. The contractor is responsible for maintaining, monitoring and enforcing full compliance with all applicable rules, regulations and codes.

(4) JOB HAZARD ANALYSIS (JHA) – Prior to the start of work, the contractor shall prepare a JHA for each phase of work that will be done under the contract. A phase is defined as operations involving a certain type of work. Some examples would be demolition, excavation, masonry work, concrete pouring, roofing, and electrical wiring. Work done by each subcontractor is also a phase. The JHA will list the activity being performed and identify the sequence of work steps, the hazards associated with each step, and the procedures, safeguards, and or training that will be taken to eliminate the hazards or reduce the risk to an acceptable level. Copies of the JHA will be given to the Contracting Officer’s Representative (COR) prior to the start of work. JOB HAZARD ANALYSIS information may be accessed at: Job Hazard Analysis, OSHA Publication 3071. NOTE: Review of a JHA does not constitute approval of the adequacy of the safety measures identified for the job or compliance with OSHA rules and regulations.

(5) FALL PROTECTION – Particular attention is directed to the OSHA Fall Protection Requirements.

Personnel performing any work on elevated surfaces, six (6) feet or more above a lower level, shall comply with 29 CFR 1926.500 through 1926.503.

(6) ELECTRICAL SAFETY – Particular attention is directed to the current edition of NFPA 70E, “Standard for Electrical Safety in the Workplace”. Contractor shall fully comply with all sections of this standard.

(7) EXPLOSIVE SAFETY - A waiver, risk assessment (RA) or other restrictions affecting the performance of a project may be generated by BGAD or Blue Grass Chemical Activity (BGCA). Work restrictions may be imposed on contractors due to hazards associated with explosive quantity distance and/or chemical weapons exposure due to the nature of depot operations. Restrictions may include alternate work schedules (hours/days), depot operational changes or incidents that require evacuation of the site, and other issues that impact the contractor’s ability to perform the job. Anticipated restrictions will be provided prior to start of work so impacts are understood, incorporated into the schedule, and strictly followed. Contractors will be briefed on explosive safety issues and acknowledge receipt of training before operations begin.

(8) SAFETY PLAN- Contractors with ten (10) or more employees will submit a written Contractor Safety Plan to the Contracting Officer within five (5) days after receipt of the notice to proceed. The Safety Plan is the contractor’s safety and health policy and program document. It is not intended to address specific technical safety and health requirements. The following areas are typically addressed in a safety plan, but a plan can be job specific and also address any unusual or unique aspects of the project or activity for which it is written:

(9) Statement of safety and health policy.

(a) Administrative responsibilities for implementing the safety plan; identification and accountability of personnel responsible for safety and accident prevention.

(b) Means for coordinating and controlling work activities of contractors, subcontractors, and suppliers; responsibility of subcontractors to comply with the safety plan.

(c) Plans for initial safety indoctrination and follow up safety training.

(d) Provisions for frequent safety inspections of work sites, material, equipment, and employees to ensure compliance with the Plan; means for recording inspections and deficiencies and the means, timetable, and individual responsible for their correction.

(e) Responsibilities for investigating and reporting accidents, reporting occupational health exposure, maintaining accident and exposure data, reports, and logs.

(f) Emergency response capability to minimize the consequences of accidents.

(g) Contingency plans for severe weather such as windstorms, lightning, tornados, etc.

(h) Plans for maintaining job site cleanup and safe access.

(i) Public safety requirements such as signs and barricades.

(j) Local requirements that must be addressed.

(k) Prevention of alcohol and drug abuse on the job.

(l) Details of hazard communication program.

(m) Provisions for updating the plan.

(10) An updated copy of the Safety Plan will be available on the job site at all times. The Safety Plan will be made available to the Contracting Officer for review should it be requested. Review of the Safety Plan does not connote approval of the adequacy of the safety measures outlined for the job or of compliance with OSHA requirements.

(11) In any conflict between this attachment and other standards, rules or regulations, the stricter of the two shall apply.

(12) The contractor is at all times responsible for job-site safety.

(13) Temporary Structures:

(a) The Contractor will be required to comply with Corps of Engineers Manual EM 385-1-1.

(14) Fire Prevention and Protection: The Contractor shall comply with all fire prevention measures prescribed in the installation fire regulations, (BGAD Reg 420-4 Fire Prevention Control and Evacuation), a copy of which is on file in the office of the Directorate of Public Works, Engineering Division, Bldg S-14. A written fire permit shall be obtained from the installation fire marshal for use of open flame devices such as blowtorches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment in, on, or within 15 feet of buildings. The Contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the Contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

(15) Accident Prevention: The provisions of AMCR 385-100, Safety Manual, and Volume 37, Number 202, Part II, Dept. of Labor, Occupational Safety and Health Standards, dated October 18, 1972 will be strictly adhered to and will be available in the office of the Directorate of Public Works, Facilities Engineering Div., Bldg. S-14 for reference by Contractors.

h. Environmental:

The Contractor is required to comply with Blue Grass Army Depot Command Policy Letter # 14-1, a copy of which is available at Bldg S14 or fax your request to (859) 779-6465.

(1) The Contractor is required to perform their duties in a manner that prevents pollution, conserves natural resources, and protects the environment.

(2) The Contactor shall comply with BGAD-R 200-1 Environmental Stewardship, local, state and federal environmental laws and regulations.

i. Utilities:

It has been determined by the Contracting Officer, that Government-owned and operated utility systems and supplies are adequate for the needs and use of the Contractor as well as the Government and all reasonably required amounts of water and electricity will be made available to the contractor without charge.

j. Clearing the Depot at Contract Completion:

Contractors shall clean up all work sites, remove all contractor-owned equipment and material, and shall turn in any and all badges issued to contractor personnel before final payment can be made.

k. Required Coordination With Land Management and/or Cultural Resources on Services Requiring The Contractor to Provide Services Off Of Any Asphalt or Concrete Work Area. [Note: This Clause Applies Only To Contracts That Involve The Movement of Soil or Removal of Vegetation.]

l. For issues relating to cultural resources contact the Contract Specialist or Contracting Officer for guidance.

m. Sexual Harassment/Assault Response and Prevention (SHARP):

The Contractor is required to comply with Blue Grass Army Depot Command Policy Letter #2-3, a copy of which is available at Bldg S52. The Contractor is required to perform their duties in a manner that prevents sexual harassment and sexual assault, promoting productivity and respect for human dignity.

Sexual harassment is defined in Army Regulation (AR) 600-20, Army Command Policy, as a form of sex discrimination that involves unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when: (1) Submission to, or rejection of, such conduct is a term or condition of a person's job, pay or career; (2) Submission to or rejection of such conduct is a basis for career or deployment decisions affecting that person; or (3) such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive environment. Any person in a supervisory or command position who uses or condones implicit or explicit sexual behavior to control, influence or affect the career, pay or job of a Soldier or Civilian employee is engaging in sexual harassment. Similarly, any Soldier or Civilian who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature is engaging in sexual harassment.

Sexual assault is defined in AR 600-20, as intentional sexual contact, characterized by the use of force, physical threat or abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy, and indecent assault or attempts to commit these acts.

Sexual assault can occur without regard to gender, spousal relationship, or age of victim. "Consent" will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, coercion or when the victim is asleep, incapacitated or unconscious.

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

52.202-1 Definition (Jun 2020) 52.203-3 Gratuities (Apr 1984) 52.204-1 Approval of Contract (Dec 1989) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-7 System for Award Management (Oct 2018) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 Incorporation by Reference of Representation and Certifications (Dec 2014) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporation - Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-1 Availability of Specification Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998) 52.211-7 Alternatives to Government Unique Standards (Nov 1999) 52.211-15 Defense Priority and Allocation Requirement (Apr 2008) 52.222-20 Contract for Materials, Supplies, Articles, and Equipment (Jun 2020) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.223-6 Drug-Free Workplace (May 2001) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation (Dec 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certification (Jun 2020) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Changes- Fixed Price (Aug 1987) 52.246-1 Contractor Inspection Requirements (Apr 1984) 52.246-2 Inspection of Supplies—Fixed Price (Aug 1996) 52.246-15 Certificate of Conformance (Apr 1984) 52.246-16 Responsibility for Supplies (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011) 252.203-7003 Agency Office of the Inspector General (Aug 2019) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7008 Compliance withSafeguarding Covered Defense Information Controls (Oct 2016) 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation (Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services- Representation (Dec 2019) 252.204-7018 Prohibition on the Acquisition of Covered Telecomunications Equipment or Services (Dec 2019) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.211-7003 Item Unique Identification and Valuation (Mar 2016) 252.211-7005 Substitutions for Military or Federal Specifications and Standards (Nov 2005) 252.211-7006 Passive Radio Frequency Identification (Dec 2019) 252.211-7008 Use of Government- Assigned Serial Numbers (Sep 2010) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance (Sep 2019) 252.215-7007 Notice of Intent to Resolicit (Jun 2012) 252-215-7008 Only One Offer (Jul 2019) 252.215-7010 Requirements for Certified Cost or Pricing Data Other Than Certified Cost or Pricing Data (Jul 2019) 252.215-7012 Requirements for submission of Proposals Via Electronic Media (Jan 2018) 252.219-7003 Small Business Subcontracting Plan (DOD Contracts)- Basic (Dec 2019) 252.225-7001 Buy American and Balance of Payments Program- Basic (Dec 2017) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017) 252.225-7012 Preference for Certain Domestic Commodities (Dec 2017) 252.225-7013 Duty-Free Entry (Apr 2020) 252.225-7020 Trade Agreements Certificate- Basic (Nov 2014) 252.225-7035 Buy American- Free Trade Agreements- Balance of Payments Program Certificate- Basic (Nov 2014) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcoontractors for Commercial Items and Commercial Components (DOD Contracts) (Jun 2013) 252.247-7023 Transportation of Supplies by Sea (Feb 2019) 252.247-7024 Notification of Transportation Of Supplies By Sea (Jun 2005)

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (Jul 2016)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2)An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b)The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c)If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:_________________(or mark “Unknown”).

Predecessor legal name: _________________

(Do not use a “doing business as” name).

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications…