Attachment_3,_Special_Contract_Requirements,_18-Q-0101.pdf

Special Contract Requirements

1. EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends. Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

2. FIRE PROTECTION AND PREVENTION

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during the course of performance of work under the contract.

Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or its employees, including failure to comply with the fire prevention measures prescribed in the aforementioned regulations. The Contractor or its responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect. The Contractor shall familiarize its employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

3. REQUIRED INSURANCE. Reference FAR Clause 52.228-5 entitled, Insurance--Work on a Government Installation. Before commencing on-site operations, the Contractor shall provide the Contracting Officer evidence (i.e.Certificate of Liability Insurance) of the following minimum insurance coverage:

a. Statutory worker's compensation and employer's liability insurance (as applicable): $100,000 or as prescribed by The State of Kansas, whichever is greater.

b. General liability - At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

c. Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

d. Insurance coverage shall be maintained continuously throughout the entire contract performance period, includingany exercised options. All subcontracts shall provide the same coverage under the same terms. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor's insurance carrier. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

4. COMPLIANCE WITH IMMIGRATION LAWS

The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor's employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation. Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government.

Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

5. POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

a. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

b. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycle clean antifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

c. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

d. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

e. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorateresponsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The Contractor must obtain any special disposal permits.

f. Obtain approval from the Environmental Division's Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley's Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

g. Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

6. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no Employeremployee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of its responsibility to perform the requirements specified within the contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment. The services to be performed under this contract shall not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor. Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

7. ALTERNATE DISPUTES RESOLUTION

In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101-552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

8. Installation Access

Visitors: Access Information Details can be obtained from the Fort Riley website listed below.

http://www.riley.army.mil/Units/Garrison-Command/Emergency-Services/Access-Information/

Deliveries: Effective immediately all commercial vehicles delivery access is restricted to the 12th Street Access Control Point (ACP).

12th STREET ACP: The 12th Street ACP can be accessed from Interstate I-70, take Exit 303, head North direction and take the 12th Street Exit. The 12th Street ACP can also be accessed from KS Highway 18 North of the Kansas River Bridge. The 12th Street ACP is open from 5:00 a.m. to 7:00 p.m. (CST) Monday through Friday.