A01_PWS_6th_Draft_MATOC4430_11_July.doc

Performance Work Statement (PWS)

SPECIFICATION FOR POSTWIDE CONSTRUCTION

MULTIPLE AWARD TASK CONTRACT (MATOC)

SPECIFICATION NO. IE0000U7J

June 23, 2019

1.0 General: This is a non-personnel services contract to provide post wide construction. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform post wide construction as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.1.1 Start-up Period: Upon receipt of contract award, the Contractor shall as soon as practicable, commence familiarization with required task prior to actual work on individual task orders. However, within thirty (30) calendar days after receipt of contract award, the Contractor shall be fully operational and capable of immediately starting work on any assigned task order.

1.2 Background/History: The types of structures, age and use are widely varied and range from temporary wood framed barracks, three story metal framed office buildings to large masonry industrial process buildings from pre-World War I to facilities presently under construction.

1.3 Objectives: The objective of this type of contract is to provide: real property maintenance, alteration, renovation, new construction, building demolition and repair; base utility maintenance and repair; environmental related services such as asbestos abatement, lead paint abatement, industrial hygienist’s services, soil and gas laboratory analysis, UXO testing and monitoring, that is incidental to performing task orders. Some projects will require certification by a professional engineer. Examples of such projects include, but are not limited to, fire protection systems, sediment and erosion and storm water management plans, analysis of existing facility structures, connections to utilities, and pre-engineered buildings. If certification is required, the Government will specify the requirement in the Task Order Request for Proposal (RFP).

1.4 Scope: The Contractor, as an independent agent and not as an agent of the Government, shall provide all services, materials and supplies, and perform all labor necessary for performing construction work at Aberdeen Proving Ground to include the Aberdeen Area, Edgewood Area, Graces Quarters, Carroll Island, Churchville Test Area, Atkisson Dam and other areas located in Harford and Baltimore Counties in Maryland in accordance with the specifications herein and within the terms of the contract.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

· Base Year 13 September 2019 – 12 September 2020

· Option Year I 13 September 2020 – 12 September 2021

· Option Year II 13 September 2021 – 12 September 2022

· Option Year III 13 September 2022 – 12 September 2023

· Option Year IV 13 September 2023 – 12 September 2024

1.6 General Information:

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After the contract is awarded and within the thirty (30) calendar day start-up period, and before construction operations are started, the Contractor shall meet with the contract COR and shall provide the Government a copy of the Contractor’s Quality Control (CQC) plan. See Paragraph 5.37.2.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.2.1 Government remedies: The Contracting Officer (KO) shall follow Federal Acquisition Requirement (FAR) 52.246-4, “Inspection of Services-Fixed Price” for a Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.3 Recognized Holidays: The Contractor shall not normally be expected to work during Federal holidays. Every effort will be made by the COR to have the work sites available on holidays if the Contractor desires to work. Contractor shall submit request by e-mail, (3) working days in advance prior to working on a holiday. Proposals shall not include overtime for holidays unless specifically negotiated to expedite work. Recognized Federal Holidays are:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.4 Hours of Operation: Unless otherwise specified, the Contractor is responsible for conducting business, between the hours of 7:00 A.M. and 5:00 P.M., Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4.1 Normal working hours on APG for most Government employees are based on 80 hours, biweekly cycle as follows:

Friday

Scheduled Day Off (SDO)

Prior to performing work during hours other than those specified, the Contractor shall obtain the permission of the Contracting Officer (KO or the KO’s authorized representative). The Contractor will be allowed to work on the SDO as long as it is outside work or coordination was made with the Contracting Officer’s Representative (COR) for access to inside the building. The contractor shall request permission from the COR by email to work during hours other than those specified. Request to work shall be submitted to the COR by email no less than 48 hours prior to the time the Contractor desires to perform such work.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the U.S. Army Aberdeen Proving Ground, Harford County, Maryland. The areas are as follows:

· Aberdeen Area

· Edgewood Area

· Churchville Test Course

· Van Bibber Water Treatment Plant

· Atkisson Dam

· Hanson Reservoir

· Graces Quarters (Baltimore County)

· Carroll Island (Baltimore County)

1.6.6 Type of Contract: The government will award an Indefinite Delivery/Indefinite Quantity contract. Task Orders will be issued on a Firm-fixed price basis.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a NCIC III check at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached DD254 See paragraph 1.6.12.2.

1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. The Contractor shall provide adequate protection for all parts of the facility and or construction site wherever work under this contract is performed. Adequate protection will be determined by the security regulation that applies to the function of the facility at the time the work will be performed.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2.2 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.3 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: The Contractor is responsible for ensuring employees and their subcontractors have received and will maintain the required certifications and licenses required by the State of Maryland and Harford County for each task order. Licenses are required for but not limited to registered architects, interior designers, landscape architects, elevator mechanics, heating ventilation air-conditioning and refrigeration, asbestos and lead paint abatement, , land surveyors, locksmiths, electricians, oil and gas land professionals, plumbing, industrial hygienists, and professional engineers. Contact the Maryland Department of Labor, Licensing and Regulation for a complete list of all construction related trades and professionals that require licenses. All licenses shall be current and meet all laws, regulations and statues set forth by the State of Maryland and Harford County.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified in each awarded task order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; Perform inspections necessary in connection with contract performance; Maintain written and oral communications with the Contractor concerning technical aspects of the contract; Issue written interpretations of technical requirements, including Government drawings, designs, specifications; Monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; Coordinate the availability of government furnished property; and Provide site entry of Contractor personnel. A letter of designation is issued to the COR, a copy of which may be sent to the Contractor, states the responsibilities in addition to the COR’s limitations, especially in regards to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the awarded task order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Quality Control Manager (QCM), Contract Manager (CM), Project Manager (PM), Site Superintendent (SS), and Contract Safety Manager. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the CM is absent shall be designated in writing to the Contracting Officer. The CM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The CM or alternate shall be available between 7:00 a.m. to 5:00p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

1.6.11.1 Quality Control Manager (QCM):

The following qualifications are required for the Quality Control Manager (QCM) and must be addressed in his/her resume.

· Full time employee of the MATOC Contractor and shall only be responsible for QCM activities under this contract.

· Report directly to the Contractor’s home office and not the on-site management team. Provide organizational chart.

· Ten years of experience in the construction field and five years’ experience as a QCM on industrial and or commercial construction contracts. Demonstrate QCM experience on projects in excess of $500,000 and higher for projects such as new building construction and/or building renovations which encompass multi-discipline requirements.

· Possess a current OSHA 30hrs Safety Inspection Certification. The QCM shall maintain certification and be re-certified every 5-years in accordance with OSHA regulations.

· He/she must be a U.S. Citizen.

Be able to communicate in English and be able to translate for a non-English speaking staff member.

1.6.11.2 Contract Manager

The following qualifications are required for the Contract Manager (CM) and must be addressed in his/her resume.

· Full time employee of the MATOC Contractor. He/she shall be responsible for overall management of this contract. He/she shall be the central point of contact for this contract and shall have full authority to represent the Contractor in all activities on this contract.

· The CM may also serve as the Project Manager.

· Must have a minimum of 8 years’ experience in construction projects with 5 years’ experience as a manager of construction projects on industrial and/or commercial construction contracts which included simultaneous multi-disciplined requirements. Provide proof of CM experience on projects in excess of $1,000,000 and higher. The projects cited shall be for new building construction and/or building renovations in which multiple disciplined work was performed. Provide names and phone numbers of the customers or supervisor of these contracts.

· Possess one of the following: engineering degree, construction science or construction management degree, architectural degree, or be a Certified Construction Manager (CCM) or equivalent experience of a minimum total of 10 years on construction projects of which 8 years is in construction management as described above.

· Have 1 year experience in a construction estimation software program and scheduling software.

· He/she must be a U.S. Citizen.

· Be familiar with the means and methods of sediment and erosion and shall have completed and passed the Maryland Department of the Environment’s (MDE) Erosion and Sediment Control training course and have a valid MDE Certification for Maryland Sediment and Erosion Control and be responsible for the implementation, installation, maintenance and inspection of all sediment and erosion controls on projects.

· Be able to communicate in English and be able to translate for a non-English speaking staff member.

1.6.11.3 Project Manager (PM):

The following qualifications are required for Project Managers (PM) and must be addressed in his/her resume.

· Full time employee of the MATOC Contractor and shall be responsible for overall management of assigned task orders.

· Minimum of eight years’ experience in construction projects with five years’ experience as a manager of construction projects on industrial and or commercial construction contracts which included simultaneous multi-disciplined requirements. Provide proof of PM experience on projects in excess of $1,000,000 and higher. The projects cited shall be for new building construction and/or building renovations in which multiple discipline work was performed.

· Possess one of the following: engineering degree, construction science or construction management degree, architectural degree, or be a Certified Construction Manager (CCM) or equivalent experience of a minimum total of 8 years on construction projects of which 5 years is in construction management as described above.

· Have 1 year experience in a construction estimation software program and scheduling software.

· He/she must be a U.S. Citizen.

· Be familiar with the means and methods of sediment and erosion and shall have completed and passed the Maryland Department of the Environment’s (MDE) Erosion and Sediment Control training course and have a valid MDE Certification for Maryland Sediment and Erosion Control and be responsible for the implementation, installation, maintenance and inspection of all sediment and erosion controls on projects.

· Each Task Order shall have an assigned Project Manager.

· Be able to communicate in English and be able to translate for a non-English speaking staff member.

1.6.11.4 Site Superintendent (SS):

The following qualifications are required for the Site Superintendent (SS) and must be addressed in his/her resume.

· Full time employee of the MATOC Contractor and shall be responsible for his/her assigned task orders.

· Three years’ experience as a site supervisor or superintendent on industrial and or commercial construction contracts. Provide proof of SS experience on projects in excess of $500,000 and higher. The projects shall be for new building construction and/or building renovations.

· Possess a journeyman level certification in a construction trade by a Trade Union, The Associated Builders and Contractors, or other recognized trade certifier.

· He/she must be a U.S. Citizen

· Be able to communicate in English and be able to translate for a non-English speaking staff member.

· Be familiar with the means and methods of sediment and erosion and shall have completed and passed the Maryland Department of the Environment’s (MDE) Erosion and Sediment Control training course and have a valid MDE Certification for Maryland Sediment and Erosion Control and be responsible for the implementation, installation, maintenance and inspection of all sediment and erosion controls on projects.

1.6.11.5 Contract Safety Manager

The following qualifications are required for the Contract Safety Manager and must be addressed in his/her resume.

· The Contract Safety Manager shall meet the minimum qualifications of EM385-1-1, section 01.A.17.

· The Contract Safety Manager shall manage safety as a full-time responsibility. They shall have full mobility and reasonable access to all project sites.

· The Contract Safety Manager may be a full-time employee of the MATOC contractor, other than a supervisor; or a subcontractor with an active contract with the MATOC contractor (contract agreement shall be provided).

· The Contract Safety Manager shall report directly to senior project official and have the ability to shut down work for safety purposes.

· The Contract Safety Manager shall provide a copy of their instructor-signed 30-hour OSHA Construction Industry safety class.

· Provide proof of employment for Five (5) years of continuous construction industry safety experience in supervising/managing general construction (managing safety programs or processes or conducting hazard analyses and developing controls).

· Provide proof of 5 years’ experience managing safety on multi-disciplinary projects exceeding $500,000. Provide specific experience managing safety in the following high risk areas: excavations, fall-protection, HAZWOPER, confined space, scaffolding, lead abatement, asbestos, hazardous energy procedures, and load handling.

· Contract Safety Manager shall maintain competency throughout the contract period through having taken 8 hours of documented formal, on-line, or self-study safety an health related coursework every year. Examples of continuing education activities that meet this requirement are: writing an article, teaching a class, reading/writing professional articles, attendance/participation in professional societies/meetings, etc.

· He/she must be a U.S. Citizen and be fluent in written and verbal English (The Contract Safety Manager will be required to obtain and maintain an access badge for unescorted access to the security areas on post).

· Knowledge of principles, practices, and codes for commercial construction including ability to read and comprehend blueprints, technical drawings, and technical specifications. Provide documentation which demonstrates these skills either by education or experience.

1.6.11.6 The Contractor shall be required to maintain staff on a site near APG, hereafter, referred to as APG off-site location, to respond to the requirements set forth in this contract. No location on APG will be provided. The Contractor’s location shall be located in close proximity (within a 20-mile radius) to the DPW, building 4304 located at Aberdeen Proving Ground, Maryland. At the discretion of the Contractor, off-site staff may also include support staff for office administration and engineering services related to architectural, civil, structural, mechanical, electrical, drafting, CADD, and surveying disciplines.

1.6.11.7 The Contractor shall maintain a general management staff at the APG off site location to include at a minimum, a Contract Manager, a Quality Control Manager, Contract Safety Manager, and a Site Superintendent (see 1.6.11 .Key Personnel Qualifications). This minimum staff shall be maintained during the life of the contract to respond to new task order requirements and management of awarded task orders. Additional APG off-site management staff, including Project Managers, Quality Control staff, Site Safety Officer and Site Superintendents, shall be added as presented in the offeror’s proposal. A full-time task order specific Site Safety and Health Officer may be required for task order requirements with high or extremely high risk. This requirement will be included in the request for proposal (RFP). All staff provided under the contract shall meet the minimum experience set forth in Section 1.6.11. Professional Engineering Services, for design-build projects, may be provided by the Contractor from outside firms as may be required by individual task orders.

1.6.11.8 The Contractor shall furnish fully qualified managerial, administrative, and technical personnel to accomplish all work required under the contract. The Contractor agrees to assign key personnel and subcontractors whose resumes were submitted with his or her proposal who are necessary to fulfill the requirements of the RFP. No substitutions shall be made except in accordance with this paragraph. All proposed substitutions shall be submitted, in writing, fourteen (14) calendar days in advance of the proposed substitutions to the Contracting Officer. All requests for substitutions shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer, as needed, to approve or disapprove the proposed substitution. All proposed substitutes shall have qualifications that are equal to or higher than the qualifications of the person or subcontractor to be replaced. The Contractor shall not perform any construction work if the Contract Safety Manager position is vacant. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof.

1.6.11.9 The Contractor further agrees to include the substance of 1.6.11.7 in any subcontract which he awards under this contract. Should the Contractor fail to provide a suitable substitute as determined by the Contracting Officer, this contract may be terminated for default. Prior to contract performance, the Contractor shall submit a list of all key employees to the COR and the Contracting Officer.

1.6.11.10 The Contractor shall submit an organizational chart with the Contractor’s proposed Quality Control Plan. The organizational chart shall specify the name, specialty and phone number of each person proposed to perform under this contract. No task orders shall be issued prior to receipt of the Contractor’s organizational chart and approved Quality Control Plan. If the Contractor’s organization changes during the course of the MATOC Contract, the Contractor shall resubmit a new organization chart. The organizational chart shall show lines of accountability and include the Contract Safety Manager reporting directly to program leadership. In addition the QCM shall clearly be shown as separate from the production chain.

1.6.11.11 The Contractor shall provide a letter of authorization within ten (10) calendar days of contract award to the Contracting Officer which designates individuals that are authorized by the Contractor to hold discussions, negotiate and sign binding agreements with the Government during the entire length of the contract. This letter shall be updated as employee status changes.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.6.12.1 Contractor Identification (ID) Badges: Contractors/Contractor employees and subcontractors who will require unescorted access onto APG, Maryland while performing contractual work, shall be required to present and display Government-issued Contractor Identification Badge in order to gain and exercise unescorted entry onto APG. NOTE: This identification badge is required in addition to the photographic security badge. The photographic security badge cannot be used to gain entry onto APG.

1.6.12.2 The prime Contractor shall identify in writing one individual who will be the point of contact (POC) for the coordination of security and Contractor identification badges of his employees, subcontractors or anyone else needed to perform work under this contract. Prior to any individual requesting security or Contractor identification badges, the Contractor's POC shall provide the Chief, Construction Branch (410-306-1161) by email, the following information:

· Prime Contractor Employee: Prime Contractor’s Full Name; Address and Telephone Number; Contract Number; Expiration Date of Contract; or the Time required for the Badge; Prime Contractor’s Email Address; Individual’s Full Name.

· Subcontractor Employees: Subcontractor’s Full Name; Address and Telephone Number; Contract Number; Expiration Date of Contract; or the Time required for the Badge; Subcontractor’s Email Address; Individual’s Full Name.

1.6.12.3 The prime Contractor shall ensure that all Government issued badges that were requested and issued are returned to the security office in Building 4304 at the completion of the contract. Failure to return any Government issued badges shall be reflected negatively in future past performance evaluations.

1.6.12.4 The prime Contractor shall insure that individuals issued Photographic Security Badges and Contractor Identification Badges properly safeguard them. When an individual does not have his or her badge in their possession, the badge shall be secured, shall not be left unattended in vehicles, left in the possession of a third party, or displayed outside of the areas which they are to be used.

1.6.12.5 In case of a lost or misplaced badge the prime Contractor shall immediately notify the Security Office, Building 4304 at (410) 306-1150 and the Chief, Construction Branch at (410) 306-1161. The prime Contractor shall conduct visual inventories of assigned badges on a monthly basis to insure that the badges are accounted for and have not been lost or stolen.

1.6.12.6 Access to Job Sites in Secure Areas:

For job sites at APG in secure areas, Contractors/Contractor employees entering these areas shall, at a minimum, have a photographic security badge or be escorted by a person having such badge. A non-Government person with a security badge may escort up to four persons (except foreign nationals) without a photographic security badge, provided all remain together and within sight of the escort. The Contractor shall submit applications for his employees after award of contract. Forms may be obtained from the Administrative Office in Building 4304. Badge applications require approximately six (6) weeks for processing after receipt of applications. Certain areas are more restrictive than outlined above. All personnel and equipment entering these areas shall be subject to applicable local and federal regulations.

1.6.12.7 Contractors/Contractor employees who will require unescorted access to a secure area of APG, Maryland, as defined by APG Regulation 190‑4, Movement Control Within The Installation, while performing contractual work and/or to disposal of waste material at the disposal/salvage area(s), shall be required to present and display Government-issued security area identification badges in order to gain and exercise unescorted entry into the security area(s).

1.6.12.8 The Contractor shall submit to the COR, for each employee requiring access, a completed:

· DA Form 1602, Application for Identification Card.

1.6.12.9 Contractor shall advise employees that this information will be used to review criminal history records.

1.6.12.10 Contractor personnel authorized access to a security area will be issued photographic or non-photographic security area badges as required. Upon termination of the contract or the individual's employment, whichever is first, the Contractor shall collect badges and effect turn-in to the issuing officer.

1.6.12.11 Foreign Nationals/Immigrant Aliens may only work on APG when escorted by personnel having a current APG ID and they are pre-approved by the Base security office. Base security will not issue permanent Contractor identification badge to foreign Nationals/Immigrant Aliens. Foreign Nationals may not work in the high security areas of APG.

1.6.12.12 Caution: Contractor shall be responsible for delays in the progress/completion of this contract due to Contractor employee's disqualification for security badges. Such delays will not be deemed excusable under the Default Clause and further may be subject to the Liquidated Damages provision of this contract, if applicable.

1.6.12.13 Prime Contractor shall insure that individuals issued Photographic Security Badges and Contractor Identification Badges properly safeguard them. When an individual does not have his or her badge in their possession, the badge shall be secured, shall not be left unattended in vehicles, left in the possession of a third party, or displayed outside of the areas which they are to be used.

1.6.13 Office Space and Shop/Storage: The Government will NOT provide office space in any of the areas as listed in section 1.6.5, of APG for this contract. Materials and equipment pertaining to the specific task order can be stored at the job site if space is directly available at the job site, contractor will be responsible for security of all property on site. On-site outdoor laydown areas shall be approved by government prior to use, contractor shall make request to the COR. Laydown areas within the cantonment areas of Aberdeen and Edgewood will require fencing with privacy mesh to obscure materials. Laydown areas must be kept in clean and neat appearance, including regular mowing and pickup of all trash. If space is not available, the Contractor is responsible for finding alternate storage space off post. The Contractor is responsible for all costs associated with locating and set-up of office, shop, and storage space for housing personnel, office supplies, material and equipment directly related to this contract.

1.6.14 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 DEFINITIONS:

2.1.1 CONTRACTOR - A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER - A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR) - An employee of the U.S. Government appointed by the Contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with the Statement of Work.

2.1.5 DELIVERABLE - Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL - Contractor personnel that are evaluated in a source selection process and may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY - Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE - The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10 QUALITY CONTROL - All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR - One that enters into a contract with a prime Contractor. The Government does not have a contractual relationship with the subcontractor.

2.1.12 WORK DAY - The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK - Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

APG

Aberdeen Proving Ground

APGR

Aberdeen Proving Ground Regulation

BOCA

Building Owner’s Official and Code Administration

CADD

Computer Aided Design and Drafting

CCE

Contracting Center of Excellence

CCM

Certified Construction Manager

CD

Compact Disk

CFR

Code of Federal Regulations

CM

Contract Manager

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DD254

Department of Defense Contract Security Requirement List

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

DPW

Directorate of Public Works

ENG

Engineering

EP

Excavation Permit

EPA

Environmental Protection Agency

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

ID

Identification

KO

Contracting Officer

MATOC

Multi Award Task Order Contract

NAD

North American Datum

NEC

National Electric Code

NFC

National Fire Code

OCI

Organizational Conflict of Interest

OSHA

Occupational Safety Health Administration

PCB

Polychlorinated Biphenyl

PIPO

Phase In/Phase Out

PM

Project Manager

POC

Point of Contact

PRS

Performance Requirements Summary

QCM

Quality Control Manager

RFI

Request for Information

RFP

Request for Proposal

SDO

Scheduled Day Off

PWS

Performance Work Statement

SS

Site Superintendent

SSHO

Site Safety Health Officer

TSS

Temporary Satellite Site

TSDF

Treatment Storage and Disposal Facility

UTM

Universal Transverse Mercator

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

UXO

Unexploded Ordnance

WGS84

World Geodetic System 1984

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

(This section should identify those items such as property, information and/or services that will be provided for the Contractor’s use (without cost to the Contractor) to allow them to provide the required services, such as materials, facilities, training, etc. Examples provided below.)

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Utilities: Unless otherwise specified, the Government will provide free of charge only those utilities that are immediately available from existing outlets and supplies and then only to the extent that the usage is confined to the job site. The Contractor shall provide telephone service that may be necessary for the execution of this contract.

3.2 As-built Data: For interior work the Government will furnish the Contractor a digital file in MicroStation V8i (DGN) format or PDF of the appropriate building drawings if such drawings exist within the Government records. These files are to be used to aid the Contractor in producing As-built drawings. If this data does not exist, it does not release the Contractor from generating As-built drawings. The Contractor shall furnish the Government the As-built drawings in MicroStation V8i (DGN) format. Drawings shall include the areas where work has been performed. Indicate the existing conditions after the new work has been performed including removal of existing items and installation of new items. Drawings shall indicate the tie-in locations (connecting new items to existing).

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Materials: The Contractor shall furnish materials required for the performance of the contract. All materials shall be new and in compliance with construction industry standards including the National Electric Code, National Fire Code, International Building Code, applicable UFCs, the Government’s specifications, Energy Efficient, and preferred Paints according to APG paint policy (if provided or referenced) in the Statement of Work furnished with a task order RFP. Security for materials used in the performance of the contract is the sole responsibility of the Contractor.

4.2.1 Non-Use of Asbestos: No asbestos shall be furnished nor installed under this contract. Appliances, equipment, components, compounds, and other items which utilize gaskets, seals, insulation, filler reinforcement, whether factory fabricated or field fabricated, shall be accompanied by formal literature or specific statement from the manufacturer/supplier that no asbestos has been incorporated into this product.

4.3 Equipment: The Contractor shall provide all tools and equipment needed to perform tasks. All tools and equipment shall be in compliance with OSHA and EM 385-1-1 regulations. Additional time will not be allowed due to faulty equipment. Security for equipment used in the performance of the contract is the sole responsibility of the Contractor.

4.4 As-built Data:

4.4.1 Contractor shall provide As-built data when required in a task order.

4.4.2 Information contained on the As-built drawings shall consist of but not be limited to:

· Building footprints

· Paving (roads, parking lots, hardstands, pads, walks, etc.)

· Fencing

· Utilities (water, sewer, storm drainage, steam, electric, telephone, fiber optics, gas or fuel, etc., and associated appurtenances)

· Structures (bridges, testing facilities, etc.)

· Prominent physical features.

· Vegetation clearing

· Limits of disturbed areas

· Utility elevations (inverts)

· New trees larger than 2” caliper

· Permanent erosion and sediment control devices

· Permanent storm water management devices

4.4.3 The limits of the As-built plans shall be from the point in which new work ties into existing features and infrastructure to and including the building or structure footprint. The Contractor shall locate and show on the As-built a minimum of six existing features in the vicinity of the construction. Examples of these features could be existing building corners, utility poles, manholes or utility appurtenances.

4.4.4 The information that is depicted on the As-built drawings shall have UTM coordinate values associated with the features respective location. UTM value is required at the following points:

· Corners of buildings

· Point of tangent, point of curve, point of compound curve, point of reverse curve, on linear features.

· Coordinate values and elevations shall be spaced no longer than 50’ apart along linear features.

· Poles, transformer, manholes, valves, tees, hydrants, and any other appurtenances associated with utilities.

4.4.5 Throughout the course of the construction, the Contractor shall maintain at the job site one set of prints in good condition indicating in red ink any deviations from the original Contract Drawings. The red-line drawings shall be made available to the COR at request to verify they are being regularly updated. The Contractor shall provide the original red ink drawings to the Government upon completion of the work.

4.4.6 Upon completion of the work, the Contractor shall provide the Government with MicroStation drawings on a CD reflecting the As-built conditions clearly showing the path of underground systems, location of equipment, piping, electric and ductwork, information technology systems, structural supports and foundations, plumbing fixtures, architectural walls, electrical systems, mechanical controls, fire protection systems, mass notification systems, furniture systems, deviations from the original Contract Drawings, and the red line hard copy drawings recorded at the construction site. Upon completion of all UXO survey work the contactor shall provide all completed UXO surveys/documents to the COR in the completion package.

4.4.7 Thirty (30) days after the installation of underground utilities that include electric, water, sewer, natural gas, propane gas, steam, hydronic piping, storm water drainage piping, communications, and/or fire protection piping, the Contractor shall provide the COR with complete As-built drawings in MicroStation V8i (DGN) format on a CD of those underground utilities. The drawings shall include the areas where work has been performed. Indicate the existing conditions after the new work has been performed including removal of existing items and installation of new items. Drawings shall also indicate the tie-in locations to existing utilities.

· As-built data shall be compiled from field surveys performed by a Registered Professional Land Surveyor. This work shall be tied into the installation monument system on Universal Transverse Mercator (UTM) projection and WGS84 datum for horizontal locations. All traverse control or baseline tie surveys will meet or exceed a 1:5000 (third order class II) closure after angular adjustment. Vertical elevations will be on NAD 88 datum based on APG monuments. All vertical control will meet or exceed third order closure. The As-built survey shall be shown on standard DPW drawing sheets and signed by a Registered Professional Land Surveyor. Delivery of this data shall consist of one set of hard copy drawings and digital CADD files. These files are to be delivered on CD's. Closeout requirements at the As-built stage; require final geo-referenced GIS Database of the new facility along with all exterior modifications. The Government will incorporate this data set into the Installation's GIS Master Plan.

· A model file contains the physical components of a building (e.g., columns, walls, windows, ductwork, piping, etc.). Model files are drawn at full scale and typically represent plans, elevations, sections, etc. Model files can be generated either by placing graphics or from BIM model extractions.

· A sheet file is synonymous with a plotted CADD drawing file. A sheet file is a selected view or portion of referenced model file(s) within a border sheet. The addition of sheet-specific information (e.g., text, dimensions, and symbols) completes the construction of the document. In other words, a sheet file is a “ready-to-plot” CADD file.

· In model and sheet files, we require all references be attached to the CADD file. These CADD drawings are to be updated from redline drawings to reflect "as constructed" conditions. CADD drawings are to include but not limited to: General, Hazardous Materials, Survey/Mapping, Geotechnical, Civil, Landscape, Structural, Architectural, Interiors, Equipment, Fire Protection, Plumbing, Process, Mechanical, Electrical, Telecommunications, Resource, Contractor/Shop Drawings, Operations, Security, etc.

· Drawings shall include any additional systems or components after final design submission. For example: Security systems, Fire Protection systems, Controls systems, etc.

· CADD and TIFF Files, not including referenced attachments (2 CD’s). Provide separate electronic drawing files for each project drawing. Each file (both CADD and TIF) shall represent one complete drawing from the drawing set, including the date, submittal phase, and border. Each drawing file shall be completely independent of any data in any other file, including fonts and shapes not included with the basic CADD software program utilized.