20170721_-_W911S2-17-B-0001.pdf

Title: Construct Visitor Control Center, 1100 Area, Fort Drum, NY

All bids w ill be RECEIVED on a Compact Disk (CD) prior to the offer due date. PAPER COPY BIDS WILL NOT BE ACCEPTED. How ever, required in hard copy are: the f irst page of the SF1442 signed and dated, f irst page of any and all amendments to the solicitation signed and dated (if applicable), and Bid Guarantee. All hard copies shall be executed w ith the original signature of the Offeror. The hard copy documents shall be clearly marked containing the procurement and solicitation number: W911S2-17-B-0001 and be mailed to: Mission & Installation Contracting Command – Fort Drum, P31 Quartermaster Road Fort Drum, NY 13602. All bids are due at 12:00 pm EST on August 21, 2017.

X

LAKENIA M. BROWN (315) 772-9906

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

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

NEGOTIATED

21-Jul-2017

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________21 Aug 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

MICC-FT DRUM

MICC-FORT DRUM

45 WEST ST

FT DRUM NY 13602-5434

W911S2

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 315-772-5550 TEL: FAX:

W911S2-17-B-0001 75

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W911S2-17-B-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construct the VCC Bldg and Parking lot

FFP

The Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work in accordance with the terms and conditions of the Contract, Statement of Work, Specifications, and Drawings FOB: Destination

PROJECT: HE-00001-5J

NET AMT

1001 1 Job OPTION Passenger Vehicle Search Area /Access Rd

FFP

The Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work in accordance with the terms and conditions of the Contract, Statement of Work, Specifications, and Drawings

1002 1 Job OPTION Construct Entry Gate

FFP

The Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work in accordance with the terms and conditions of the Contract, Statement of Work, Specifications, and Drawings

1003 1 Job OPTION Install High Speed Roll Up Garage door

FFP

The Contractor shall provide all labor, equipment, materials, and supervision necessary to perform all work in accordance with the terms and conditions of the Contract, Statement of Work, Specifications, and drawings.

7500 1 Job Contractor Manpower Reporting

FFP

This CLIN is not separately priced (NSP). The Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the SOW/PWS. Instructions, including the Contractors filing their Contractor Manpower Reports will recieve immediate e-mail confirmation that their reports have been received in the system. This shall be uploaded into the Wide Area Work Flow to facilitate final contract payment.

Section C - Descriptions and Specifications

INSTRUCTIONS TO OFFERORS

1. MAGNITUDE OF PROJECT: The magnitude of construction for the entire 12 month contract period is between $1,000,000.00 and $5,000,000.00 IAW FAR 36.204(f).

2. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): The NAICS Code for this acquisition is 236220 – Commercial and Institutional Building Construction. The Size Standard is $36,500,000.00.

3. LIQUIDATED DAMAGES: See Section I, FAR clause 52.211-12 -- Liquidated Damages – Construction.

4. EXPLANATION TO PROSPECTIVE BIDDERS: See Section I, FAR Provision 52.214-6 -- Explanation to Prospective Bidders, for information on explanations or interpretations.

5. BID GUARANTEE: A bid guarantee is REQUIRED and must be submitted with the bid (see Section I, FAR clause 52.228-1 -- Bid Guarantee). Failure to submit a bid guarantee in accordance with FAR clause 52.228-1 shall render the bid non-responsive pursuant to FAR 14.301(a), Responsiveness of Bids, and NOT eligible for award.

6. BIDS:

All bids will be RECEIVED on a Compact Disk (CD) prior to the offer due date.

PAPER COPY BIDS WILL NOT BE ACCEPTED. However, required in hard copy are: the first page of the SF1442 signed and dated, first page of any and all amendments to the solicitation signed and dated (if applicable), and Bid Guarantee.

All hard copies shall be executed with the original signature of the Offeror. The hard copy documents shall be clearly marked containing the procurement and solicitation number: W911S2-17-B-0001 and be mailed to:

Mission & Installation Contracting Command – Fort Drum ATTN: SSG Brown, Lakenia P31 Quartermaster Road Fort Drum, NY 13602

The Bids will be opened and read at the Mission & Installation Contracting Command, 31 Quartermaster Road, Fort Drum, New York, at 12:30 pm EST on August 21, 2017.

7. SOLICITATION PROVISIONS: This solicitation contains provisions and other items required to be completed electronically by the bidder (see paragraph 8, System for Award Management). Some provisions and other items required are not available online and must be completed by the bidder and returned with its bid in electronic format. Failure to provide this information may render the bidder non-responsive.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): To be eligible for award of a

Department of Defense (DoD) contract, Contractor registration in the SAM database is required (see FAR clause 52.204-7, System for Award Management). Failure to register with SAM shall make the Contractor ineligible for award. Register electronically by accessing the on-line SAM registration from the following website address: https://www.sam.gov.

9. CONSTRUCTION WAGE RATE REQUIREMENTS: The Davis-Bacon Wage Decision included in Attachment 8 shall apply to this solicitation and resulting contract (see Section I, FAR clauses 52.222-6 – Construction Wage Rate Requirements and 52.222-13 -- Compliance with Construction Wage Rate Requirements and Related Regulations for additional information). The wage decision may not contain all positions that are applicable to the features of work in the contract; therefore for any work classifications or positions that are not included, the wage rates must NOT be lower than the lowest skilled rate that is included in the wage decision. Under no circumstances will any resulting contract be modified to increase the contract price solely on adjustments or changes in any wage rates or due to any conformance action, to include a missing classification. The Davis Bacon Wage Rate NY170009 Heavy and Highway dated 23 June 2017 and NY170085 Building dated 12 May 2017 shall apply throughout the entire 12 month contract period.

10. BIDDER ACCEPTANCE PERIOD: See Standard Form 1442, SOLICITATION, OFFER, AND AWARD, BLOCK 13 D. AND BLOCK 17. Bidders providing less than 120 calendar days for Government acceptance after the date bids are due will not be considered for award and will be rejected. If the bidder would like to provide more than 120 calendar days to be considered, the number of days needs to be inserted in BLOCK 17. Failure to insert any number in BLOCK 17 means the bidder accepts the minimum in Item 13D.

11. PERFORMANCE AND PAYMENT BONDS: Bidders are reminded of the requirement for performance and payment bonds (see BLOCK 12A of the STANDARD FORM 1442 – SOLICITATION, OFFER, AND AWARD and Section I, FAR clause 52.228-15 -- Performance and Payment Bonds -- Construction.

* For the purpose of bidding, assume the entire amount of the contract is required.

12. BONDING CAPACITY: Bidders shall demonstrate their ability to obtain sufficient bonding.

13. BASIS FOR AWARD: Award shall be made to the responsive and responsible bidder who presents the Government with the lowest-price which includes the Base and all Options.

14. AMENDMENTS: No bidders’ mailing list will be maintained. It is the responsibility of all interested parties wishing to bid on this requirement to monitor the Federal Business Opportunities web page at http://fedbizopps.gov for any/all amendments to this Solicitation. Failure to respond to an amendment may render the bid to be considered non-responsive and thereby rejected.

15. CLARIFICATION OF WORK: It is the responsibility of each bidder to visit the site of work to survey the existing conditions and verify all portions of the work to be done.

16. VETS-4212: Federal Contractors and subcontractors who receive Federal contracts of $150,000 or more are required to annually file, no later than September 30th of each year, Form No. VETS-4212 entitled "Federal Contractor Veterans' Employment Report" with the Department of Labor. In addition, all Federal Contracting Officers are prohibited from awarding contracts or disbursing funds to Federal contractors or subcontractors that have not submitted a current VETS-4212 Report. For more information on this requirement, see the following website:

http://www.dol.gov/vets/vets4212.htm.

17. SOLICITATION QUESTIONS: Questions shall be in writing and e-mailed to lakenia.m.brown.mil@mail.mil and alfredo.m.sanchez.mil@mail.mil. Questions concerning this solicitation will be accepted up to 4:00 pm on Aug 8, 2017.

Responses to all questions will be posted on the Federal Business Opportunities website https://fedbizopps.gov. Fort Drum does not commit to respond to any questions submitted after August 8, 2017, but will make every attempt to promptly answer all relevant questions.

18. OPTIONS: In accordance with FAR Clause 52.217-9, the Government reserves the right to exercise options CLINs 1001, 1002, and 1003 by written notice to the Bidder within 180 calendar days; provided the Government gives the Bidder a prelimnary written notice of its intent to extend at least 270 days before the contract expires or 90 days after contract award.

Section G - Contract Administration Data

CONTRACT ADMIN DATA

CONTRACT ADMINISTRATION DATA

1. CONTRACTING OFFICER’S AUTHORITY: The Contracting Officer is the only person authorized to direct changes in any of the requirements under this Contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the Contractor.

2. CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA):

a. The Contractor will report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the MICC – Fort Drum via secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

b. Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

3. INVOICES/PAYMENTS:

a. Progress payments are authorized in accordance with FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts, which states that the Government shall make progress monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer. The Contracting Officer will review and approve request for progress payments. When the work is certified complete, and a proper invoice has been received, the invoice can be processed for payment by the Government.

b. The Contractor shall not submit an invoice for progress payment for an overall percentage greater than that on the last approved QC report. The latest approved progress schedule will provide a basis for progress payments and percent completion.

c. Invoices shall contain the Contract Number. A “Contractor’s Statement of

Release” shall also be furnished with the final invoice in accordance with the requirements of FAR Clause 52.232-5(h) (3) (Exhibit D, Data Item No.

D001).

d. Payments will be made by Defense Finance and Accounting System

(DFAS). All contractor invoices are required to be submitted electronically in accordance with DFARS Clause 252.232-7003 Electronic Submission of Payment request and Receiving Reports. Contractors shall submit invoices through WAWF at https://wawf.eb.mil/. Payment will not be made unless the Contractor WAWF submissions are submitted and processed correctly. Contractor invoices must reflect the contract line item numbers (CLINs) contained in the Contract. Proper invoices also must reflect the prices stipulated in the Contract and the service/supply must be delivered, inspected and accepted. An interactive self-paced training module is available for both Contractor and Government personnel at http://wawftraining.com to learn how to use WAWF. WAWF also offers customer support and/or assistance at 1-866-618-5988.

a. Applicable codes necessary for submission of invoices against the resultant contract will be provided.

4. CONTRACT ADMINISTRATION: After award, the Mission and Installation Contracting Command, Construction Division – Post Award, will administer the contract. The Contractor shall, after receipt of contract, direct all questions concerning the contract to:

MISSION AND INSTALLATION CONTRACTING COMMAND

CONSTRUCTION DIVISION – POST AWARD

31 QUARTERMASTER ROAD

FORT DRUM, NEW YORK 13602-5220

TELEPHONE NUMBER: (315) 772-6515

5. IMPORTANT NOTICE: The Contractor will not accept any instructions issued by any person other than the Contracting Officer or his/her authorized representative acting within the limits of his/her authority. No information other than that which may be contained in any authorized amendment to this solicitation or any authorized modification to any resulting contract issued by the Contracting Officer, shall be considered as grounds for deviation from any provisions, conditions or other terms of this solicitation or any resulting contract.

6. GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVES,

CONSTRUCTION REPRESENTATIVES AND THEIR AUTHORITY:

a. The Program Manager will retain COR duties for this contract. The Contracting Officer will identify individuals to act as Construction Representatives (Con Reps) to assist in quality inspection. The Public Works staff (Project Manager, Construction Representative, Project Control) will represent the Contracting Officer in the administration of the contract but will not be authorized to change any of the terms of the contract.

b. The Contracting Officer will identify an individual to act as the Government’s Construction Representative (Con Rep) in the contract.

Any subsequent changes will be furnished to the Contractor by letter.

The Con Rep will represent the Contracting Officer in technical inspections of the contract but will not be authorized to change any of the terms and conditions of the Contract.

c. No oral statements of any person, whomsoever, will in any manner or degree, modify or otherwise affect the terms and conditions of this Contract. The Contracting Officer shall be the only person authorized to approve changes in any provisions contained elsewhere in this Contract, said authority shall remain solely with the Contracting Officer.

END OF CONTRACT ADMINISTRATION DATA

Section H - Special Contract Requirements

ADDITIONAL CONTRACT REQUIREMEN

1. SECURITY, INSTALLATION ACCESS AND CONTROL, AND TRAINING:

a. INSTALLATION ACCESS AND IDENTIFICATION OF CONTRACTOR’S EMPLOYEES: Entry to the installation requires the following: current vehicle registration, proof of insurance, valid driver's license for the vehicle driver, and picture identification for other personnel.

Contractors/Subcontractors and their employees requiring access to the installation will be required to comply with the installation access control policy/procedures. The Government will not be responsible for damages due to delay/stoppages caused by failure to comply. Contractors shall be restricted to physically sign in at Paul Cerjan Gate, Gas Alley, or WSAAF Gates for entry unless they have a DoD issued ID card, possess a valid, previously issued RAPIDGate pass, or have a local pass. The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

b. PERSONNEL: The Contractor shall provide a list of names and dates of birth of all employees that will be working on this contract to include subcontractors. The Contractor shall complete an IMDR-ES Form 2 (Application for Sponsorship) for all individuals needing access under the contract and submit to usarmy.drum.imcom-atlantic.mbx.des-acp@mail.mil at least seven days prior to access being needed with a courtesy copy to the Contracting Officer and COR.

c. DoD ID CREDENTIAL:

(1) Each employee who requires access to Fort Drum to perform work under any contract, at any tier, must obtain a DoD identification credential to obtain access to Fort Drum. RAPIDGate identification credentials are being phased out and will not be acceptable for entry to Fort Drum after the expiration date of the existing credential. A DoD identification credential is required if the employee requires access to Fort Drum.

(2) The Contractor shall provide information as required by the Fort Drum Chief, Physical Security to enable the Government to conduct a criminal history background check (CHBC) on Contractor employees who require access to Fort Drum. If the CHBC is not adverse, a 30 day temporary access pass will be prepared by the Fort Drum Physical Security Division. The Contractor employee will make an appointment for a Local Access Badge (LAB) if access is needed longer than 30 days. A LAB will be issued for a period of no longer than 365 days. If the CHBC is adverse, the employee will be denied access. If access is denied for any reason, the Contractor’s employee may request a waiver from the installation and will not be allowed access until the waiver is requested and approved. Waiver denials may be appealed through the Directorate of Emergency Services. The final determination to allow entry and the issuance of a DoD credential rests with the Garrison Commander or his designee, the Director, Emergency Services.

(3) If an employee no longer needs a DoD identification credential for any reason (e.g. quits his/her job or no longer performs under the contract), the Contractor is required to collect the DoD identification credential from the employee and surrender it to the Fort Drum Physical Security Division within four (4) calendar days of such change. If the DoD identification credential cannot be returned within the required time frame for any reason, the Contractor shall immediately notify the Physical Security Division verbally, followed up in writing the next work day. Email notification is authorized. An employee’s inability to obtain entrance to a Government installation because he/she does not have the required identification badge or visitor’s pass shall not excuse timely performance of the requirements of this contract. DoD identification credentials are currently issued at the Fort Drum Physical Security Division located in the Fort Drum MP Station.

The Government may change the location where DoD identification credentials are issued or returned, with or without advance notice to the contractor. Any such changes shall not be a basis for adjusting the contract price under any clause of this contract.

(4) A DoD identification credential will not be reproduced or copied by the contractor, its subcontractors, or their employees. If an employee’s DoD identification credential is lost, stolen, or reproduced, the Contractor shall verbally report the loss, theft, or reproduction to the Fort Drum Physical Security Division on the day such loss, theft, or reproduction is discovered, followed by a written report of the circumstances to the Fort Drum Physical Security Division within two (2) calendar days.

(5) Each Contractor employee shall wear the DoD identification credential while performing work under the contract. The DoD identification credential shall be worn on the upper front of the outer garment unless precluded by OSHA regulation(s). The DoD identification credential will not be used for access to any Government installation except for performance of work under the contract for which is was issued.

(6) The Contractor shall, upon expiration or termination of the contract, collect all DoD identification credentials and turn them into the Fort Drum Physical Security Division.

a. SEARCH AND CONTROL: Fort Drum is a controlled access post. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor employees, and their personal property shall be subject to searches and seizure of contraband and/or unauthorized Government property upon entering or leaving the Installation. The search and seizure provisions of AR 190-16 shall apply to Contractor personnel entering or leaving Fort Drum.

b. SECURITY BADGES: Contractor personnel shall wear a distinctive Contractor furnished security (ID) badge readily identifying the individual as a Contractor employee. The badge shall be worn in a conspicuous place at all times when performing work under the contract. A listing of issued identification badges shall be furnished to the Contracting Officer prior to contract performance date and updated quarterly to reflect Contractor and Subcontractor personnel changes.

Badges shall be worn and displayed on outer clothing and shall contain at a minimum, the following information:

Photograph of Employee Title of Contract Name of Worker Contractor's Name Contractor's Phone Number

c. RANGE ACCESS: If work is to be performed on a range, the Range Control office will issue a “range pass” for Contractor and Contractor employee vehicles, allowing access to the range areas on Fort Drum. The range pass will be shown to any proper military or civilian authority, if requested.

2. 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 (g), 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.

3. LEAD BASED PAINT AND ASBESTOS CONTAINING MATERIAL:

a. THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE

ASBESTOS HAS BEEN ASSOCIATED WITH FOUR DISEASES: LUNG

CANCER, CERTAIN GASTROINTESTINAL CANCERS, PLEURAL OR

PERITONEAL MESOTHELIMONA AND ASBESTOSIS. Studies indicate there are significantly increased health dangers to persons exposed to asbestos who smoke, and further, to family members and other persons who become indirectly exposed as a result of the exposed worker bringing asbestos-laden work clothing home to be laundered.

b. The Contractor is advised that materials coated with Lead Based Paint may be encountered in area(s) where contract work is to be performed.

When performing tasks in which an Occupational Safety and Health Administration (OSHA) lead hazard is identified, it shall be the Contractor’s responsibility to proceed in accordance with the OSHA’s ‘Lead in Construction Rule’, 29 CFR 1926.62, The provisions of OSHA Standard 1926 shall apply to the abatement of lead-based paint. The Contractor shall identify and abate lead-based paint when tasked to do so by the contract. The Contractor shall provide the report specified in Exhibit D, Data Item No. D017, to the COR upon completion of the lead-based paint abatement. Tasks under this Contract identified as Lead Abatement Projects shall be performed by a firm credentialed by OSHA and the USEPA to perform Lead Abatement Projects, and shall perform such work in accordance with the respective OSHA and EPA regulation, 29 CFR 1926.62 and 40 CFR Part 745, Subpart L.

c. The Contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in area(s) where contract work is to be performed. Asbestos-containing material (ACM) is any material that contains more than one percent asbestos by weight. Friable ACM is material that with hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturant, impregnant or coating. Non-friable ACM does not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition or other similar activities.

d. Care must be taken to avoid releasing, or causing to be released, asbestos fibers into the atmosphere where they may be inhaled or ingested. The OSHA has set standards at 29 CFR 1910 for exposure to airborne concentrations of asbestos fibers, methods of compliance, medical surveillance, housekeeping procedures, and other measures that must be taken when working with or around asbestos-containing materials. 29 CFR 1910 has been identified as applicable to construction (29 CFR 1926 gases, vapors, fumes, dusts and mists). The Environmental Protection Agency (EPA) has established standards at 40 CFR 61 for the control of asbestos emissions to the environment and handling and disposal of asbestos wastes.

e. Friable ACM is not permitted by current criteria and shall not be used in new construction or modification projects (ETL 110). Plans and specifications for all new construction and modification projects will be reviewed to ensure that the use of friable ACM is not required.

f. Maintenance, modification, or demolition activities where exposure to asbestos dust may occur from previously installed friable/non-friable ACM shall be identified by the Contractor and reported to the COR in writing.

All precautions, to include proper work practices, medical surveillance, respiratory protection, industrial hygiene, and environmental protection requirements of OSHA (29 CFR) and EPA (40 CFR 61), as applicable, shall be strictly adhered to.

g. The Government will identify the known existence of asbestos in areas where work is to be performed under this contract prior to the issuance of the order. However, the Contractor shall report any unforeseen findings of asbestos to the Contracting Officer and the COR prior to initiating any actions under this contract.

h. ASBESTOS AND/OR LEAD BASED PAINT ABATEMENT (REMOVAL

OR ENCAPSULATION). When work is in areas suspected of containing asbestos, OSHA Standard 29 CFR 1910 and 12 NYCRR part 56 shall apply. OSHA Standard 29 CFR 1926 requires that asbestos be presumed to be present in all facilities constructed before 1980. Under this standard, where insulating or surfacing materials cannot be identified not to contain asbestos, they will be assumed to contain asbestos with appropriate safety procedures taken. The contractor shall, when tasked to do so in the contract, perform this determination as well as carry out the resultant abatement. The provisions of OSHA Standard 1926 shall apply to the abatement of lead based paint. The Contractor shall identify and abate lead based paint when tasked to do so by the contract.

i. Asbestos Abatement tasks under this contract shall be performed by a firm licensed in the State of New York to perform asbestos abatement and shall be in accordance with all applicable Subparts of the New York State Department of Labor’s Industrial Code Rule 56. Under Code Rule 56 and 29 CFR 1926.1101, where suspect material cannot be identified, the Contractor, when tasked to do so, shall perform a determination as well as carry out any required asbestos abatement.

4. AS BUILT DRAWINGS:

a. Site As-Builts shall be prepared in Bentley Microstation or Bentley

Microstation Compatible with as-built specific information associated with each feature, including but not limited to depth of burial, material used, size of material, system used on, inverts, floor elevation. Each buried point of connection and change in direction shall be noted with surveyed coordinates in the standard projection. Each set of features will be represented, Buildings, Roads and Parking lots, Electrical Utilities, Water, Sewer, Gas, Communications, topography and general improvements (fences, bollards etcetera).

b. Drawing topology shall consist of lines, shapes or points spatially located on the New York State Plane Central grid (3102), US Survey Feet. NAD 83 will be the datum used to calculate location coordinates.

c. Accuracy limits should be +-2 cm in the horizontal and +-4cm in the vertical.

d. The Contractor will be provided initially, and on a continuous basis as changes dictate, with seed files, symbol libraries, font libraries, existing data, and other such components as is necessary to maintain 100% compatibility with the Fort Drum Spatial Engineering system. No deviations from this standard shall be made without express written permission of the contracting officer. Acceptance of data shall depend both on qualitative as well as electronic review techniques.

e. Site data should be transmitted as single continuous dgn file with all data spatially located and scaled at 1 foot = 1 foot.

f. The construction drawings shall additionally be maintained to the AEC/CADD standards, https://tsc.wes.army.mil/products/standards/aec/, and shall show all changes, additions, deletions and clarifications made during construction. During the progress of the job, the Contractor shall keep a careful record at the job site of all changes and corrections from the layouts shown on the drawings, if applicable. The Contractor shall enter in red ink all such changes and corrections on contract drawings promptly, then finalize changes on electronic version. Drawings will have a title block containing all pertinent info including government contract number, project number, and title. Each sheet of the correct/final set (including the electronic version) shall be annotated with: "RECORD DRAWINGS AS BUILT” and shall be stamped and signed by the designer of record or a licensed surveyor.

g. Cells must be configured as point features rather than ‘graphic cells’.

h. Prior to the pre-final inspection, the Contractor shall submit one set of the final record drawings to the PM for review and approval in both electronic and paper forms. A retainage fee in the amount of five percent (5%) of the contract cost shall be withheld from the Contractor for submittal and acceptance of all final record drawings.

5. CLEAN-UP: The Contractor shall clean up all debris and discarded materials resulting from their operations on this contract at the end of each workday.

Materials shall be disposed of off-post in accordance with local, state and federal laws and regulations. In case of a conflict among these laws and regulations, the most stringent law or regulation shall apply. The Contractor shall submit electrically to the DPW Branch Chief, the monthly running total weight of all construction and demolition debris disposed of for the contract. The Contractor shall submit these reports for a given month before the close of the first week of the following month. (Exhibit D, Data Item No. D004). Open burning of scrap or unsalvageable material is forbidden.

6. EQUIPMENT ON THE SITE: The Contractor shall cover equipment that is to remain in place within the area of contract operations and protect it against damage or loss. Stored equipment that is removed in performance of work and is to be reused or reinstalled, shall be protected; cleaned and reinstalled in the same as (or better than) original installation condition. Security for equipment or material that is to be reused and is removed for temporary storage shall be the sole responsibility of the Contractor.

7. CONDITIONS OF OCCUPANCY: The buildings being worked in on any executed contract under this contract may be occupied throughout the course of the work. Adequate protection of persons and property shall be provided at all times. The work shall proceed in such a manner as to prevent undue spread of dust and flying particles. Any damage or spread of dust or flying particles caused by the Contractor, its employees, its subcontractors, and/or their employees to Government or personal property and/or equipment within the buildings shall be repaired, replaced or corrected by the Contractor to the satisfaction of the Contracting Officer at no additional expense to the Government. Nothing in this paragraph shall be construed to relieve the Contractor, its subcontractors at any tier, or their employees from liability for personal injury they cause.

8. CONFINED SPACE ENTRY PROCEDURES: The Contractor shall comply with applicable Fort Drum Confined Space Entry Procedures (Exhibit E) and Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910, whichever is the most stringent. Entry to all confined spaces will require a permit (Exhibit D, Data Item No. D002).

9. CONSTRUCTION APPROVAL SUBMITTALS: To implement the requirements in clause 52.236-5, entitled "Material and Workmanship", the Contractor shall submit ENG Form 4025-R, “Transmittal of Shop Drawings, Equipment Data, Material Samples, or Manufacturer's Certifications” to the DPW Project Manager within two weeks after award (Exhibit D, Data Item No. D003). Unless otherwise specified all data submittals shall be submitted electronically. Work associated with the items being submitted will not begin until approval is received from both Public Works employees. The approved forms will be furnished to the Contractor by the Government.

a. The Contractor shall maintain a web-based database of all approved submittals, searchable by division, contract number, and submittal number. Registry/Division shall follow the layout of the technical specifications.

10. CONSTRUCTION & DEMOLITION DEBRIS:

a. Disposal.

(1) All unsalvageable solid waste must be disposed of off the installation at a federal or state permitted facility.

(2) Weight tickets shall be required to tally total weights for solid waste disposed of off the installation (Exhibit D, Data Item No.

D004).

(3) Weights are to be reported in pounds or tons.

(4) The Contractor shall submit these reports for a given month to the Fort Drum PW-Environmental Division before the close of the first week of the following month.

b. Salvage, recycle, and re-use. Any material recovered from construction, renovation, and demolition projects that is not disposed of at a permitted landfill.

(1) Clean, uncontaminated spoils: may include and are limited to, concrete, asphalt (not to exceed ½ cubic yard in size), brick, masonry, stone, aggregate, soils, and chipped brush and stumps.

These materials are generally utilized in borrow pit rehab, mitigation projects, or re-used on-site as fill or grade materials. Access to borrow pits is controlled and monitored by Public Works Master Planning.

(2) Salvage materials may include, but are not limited to metals, wood, plastics, glass, paper, or cardboard.

(3) Weights for these materials shall be tallied using weight tickets if available. If weight tickets are not available, best estimate will suffice. Weights are to be reported in pounds or tons. The Contractor shall submit these reports for a given month to the Fort Drum PW-Environmental Division before the close of the first week of the following month.

11. CONTRACTOR QUALITY CONTROL:

a. The Contractor Quality Control (CQC) Plan with which the Contractor proposes to implement the requirements of Clause 52.246-12, Inspection of Construction, shall identify personnel, procedures, instructions, records, and forms to be used.

b. Coordination Meeting: Prior to the issuance of this contract, the Contractor shall meet with the Contracting Officer or COR and discuss the Contractor's quality control system. During the meeting, a mutual understanding of the system details shall be discussed including the forms for recording the CQC operations, control activities, testing, administration of the system for all work performed, and the interrelationship of Contractor's inspection and control with the Government's Quality Assurance. Minutes of the meeting shall be prepared by the Contractor and signed by both the Contractor and the Contracting Officer. The minutes shall become a part of the contract file. There may also be occasions when subsequent conferences will be called to re-confirm mutual understandings.

c. The Quality Control Plan shall include as a minimum, the following information:

(1) A description of the quality control organization; including a chart showing lines of authority and acknowledgement that the CQC staff shall report to the project manager or someone higher in the Contractor's organization.

(2) The qualifications, duties, responsibilities and authorities of each person assigned a QC function.

(3) A copy of the letter to the QC Manager signed by an authorized official of the firm, which describes the responsibilities and delegates the authorities of the QC manager shall be furnished.

(4) Procedures for scheduling and managing submittals, including those of subcontractors, off-site fabricators, suppliers, and purchasing agents.

(5) Control testing procedures for each specific test performed on any contract will be submitted and approved prior to start of construction on that contract (Laboratory facilities will be approved by the COR).

(6) The Contractor’s reporting procedures including proposed reporting formats and distribution of the documents.

d. The Government reserves the right to require the Contractor to make changes in its CQC Plan and operations as necessary to obtain the quality specified. These changes must be submitted to and approved by the Contracting Officer. Notification of Changes: The Contractor shall notify the Contracting Officer in writing of any proposed changes. Proposed changes are subject to acceptance by the Contracting Officer.

e. Quality Control Organization

(1) Quality Control (QC) Manager: The QC Manager shall be responsible for overall management of the Contractor Quality Control (CQC) program and have the authority to act in all CQC matters for the Contractor.

(2) Personnel: A staff shall be maintained under the direction of the QC Manager to perform all CQC activities. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rate of placement. The personnel of this staff shall be fully qualified by experience and technical training to perform their assigned responsibilities and shall be directly hired by and work for the Contractor. The inspectors shall have no duties other than quality control.

(3) Minimum Staffing: The contract in progress shall be comprehensively inspected at least daily and upon completion of significant processes and at hold points. All inspections shall be documented. The workload for each Contractor QC Inspector shall be dispersed enough to allow for at least 30 minutes on site.

f. Submittals: The CQC Organization shall be responsible for certifying that all submittals are in compliance with the contract requirements.

g. Quality Control: Contractor quality control is the means by which the Contractor assures that the construction work complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication, and will be keyed to the proposed construction sequence. Quality control includes, as a minimum, the following functions.

(1) All submittals are submitted to the PW Program Manager and applicable PW staff within two weeks after award.

(2) The submittals are approved prior to work performance.

(3) The supplies that are used to perform the contract are the same as those approved on the submittal.

(4) The supplies used to perform the task are new and not damaged.

(5) The supplies are stored properly.

(6) The construction equipment is correct and meets contract requirements.

(7) Testing provisions are reviewed and testing equipment and personnel are available and correct.

(8) All tests are performed at the proper times and in the proper places.

(9) All test reports meet contract requirements.

(10) The workers are cognizant of the required level of workmanship.

(11) Inspect each area of work to insure preparation is conducted.

(12) Inspect each feature of the work to ascertain that no deficient work is covered up by succeeding work.

(13) Inspections shall continue throughout the contract.

(14) Document all inspections daily.

(15) The documentation covers both conforming and defective work.

(16) All deficiencies are corrected. The correction must be identified in the daily inspection report referring back to the date when the deficiency was identified.

(17) Develop procedures to ensure that deficiencies do not recur.

(18) Develop procedures for Pre Final and Final Inspections. A CQC employee shall personally visit the site to inspect completion before requesting a Pre Final inspection.

(19) Government officials are notified at the proper times of inspections or tests that are required.

h. Tests:

(1) Testing Procedures: The Contractor shall perform tests specified or required to verify the control measures are adequate to provide a product which confirms to contract requirements. The Contractor shall procure the services of an industry recognized testing laboratory or establish an approved testing laboratory at the project site. The laboratories utilized for testing shall meet the criteria detailed in ASTM D 3740-80 "Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Construction" and ASTM E 329-88 "Inspection and Testing Agencies for Concrete, Steel, and Bituminous materials as Used in Construction". The Contractor shall perform the following activities and record and provide the following data:

(a) Verify that testing procedures comply with contract requirements.

(b) Verify that facilities and testing equipment are available and comply with testing standards.

(c) Check test instruments calibration data against certified standards.

(d) Verify that recording forms, including all of the test documentation requirements, have been prepared.

i. Completion Inspection: At the completion of all work or any increment thereof established by a completion time stated in the contract, the CQC manager shall conduct a completion inspection of the work and develop a "punch-list" of items which do not conform to the approved plans and specifications. Such a list shall be included in the CQC documentation as required by paragraph j (1) below, and shall include the estimated date by which the deficiencies will be corrected. The CQC Manager or his staff shall make a second completion inspection to ascertain that all deficiencies have been corrected and so notify the Contracting Officer or COR before requesting a Pre-final inspection. The completion inspection and any deficiency corrections required by this paragraph will be accomplished within the time stated for completion of the entire work or any particular increment thereof if the project is divided into increments by separate completion dates.

j. Documentation:

(1) Records: The Contractor shall maintain records of quality control operations, activities, and tests performed including the work of suppliers and subcontractors. This information shall be included in the Daily Construction Quality Control Report (Exhibit D, Data Item No. D005) and indicate a description of trades working on the project, the numbers of personnel working, the weather conditions encountered, any delays encountered, and acknowledgement of deficiencies noted along with the corrective action taken on current and previous deficiencies. In addition, these records shall include factual evidence that required activities or tests have been performed, including but not limited to the following:

(a) Type and number of control activities and tests involved.

(b) Results of control activities or tests.

(c) Nature of defects and causes for rejection.

(d) Proposed remedial action.

(e) Corrective actions taken.

(2) Content: These records shall cover both conforming and defective or deficient features and shall include a statement that supplies and material incorporated in the work have been inspected and comply with the contract.