W911S2-17-R-0002_Conformed.pdf

W911S2-17-R-0002-0006

TITLE: REPAIR, REHABILITATION AND MINOR CONSTRUCTION (RRC) CONTRACT, FORT DRUM, NY

THE RESULTANT CONTRACTS WILL BE MULTIPLE AWARD INDEFINITE DELIVERY INDEFINITE QUANTITY (MAIDIQ) CONTRACTS

A. This acquisition is set-aside for 8(a) Small Business Participants w ithin the Small Business Administration (SBA) Region II. This are includes the SBA Syracuse District, Buffalo District, New Jersey District, New York City District, Puerto Rico District, and U.S. Virgin Island Off ices

B. The assigned NAICS Code is 236220, "Commercial and Institutional Building Construction" w ith a small business size standard of $36.5 million.

C. The number of contracts that may be aw arded as a result of this solicitation shall not exceed f ive (5).

D. The estimated combined value of all task orders aw arded under this contract vehicle over the f ive (5) year ordering period is $99 million.

E. Block 11, the Commencement, Prosecution, and Completion dates w ill be negotiated for each individual task order. See FAR Clause 52.211-10.

F. Block 12, Performance and Payments Bonds, are applicable to individual Task Orders.

SAMANTHA R. DAVIS 910-908-2898

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

28-Feb-2017

(RFP)

(IFB)

X

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 ________1825 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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 ______________12 Jun 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 _______180 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 CENTER - FORT BRAGG

MICC - FORT BRAGG

2175 REILLY ROAD STOP A

FORT BRAGG NC 28310-5000

W91247

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: TEL: FAX:

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-R-0002

Section A - Solicitation/Contract Form

TABLE OF CONTENTS

SECTION A – Solicitation/Contract Form SECTION B – Supplies or Services and Prices/Costs SECTION C – Descriptions/Specifications/Statement of Work SECTION D – Packaging and Marking SECTION E – Inspection and Acceptance SECTION F – Description and Performance SECTION G – Contract Administration Data SECTION H – Special Contract Requirements SECTION I – Contract Clauses SECTION J – List of Exhibits, Attachments, and Appendices SECTION K – Representations, Certifications and Other Statements of Offerors or Respondents SECTION L – Solicitation Provisions and Instructors to Offerors SECTION M – Evaluation Factors for Award

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 99,000,000 Each Repair, Rehabilitation, and Minor Constr

FFP

Repair, Rehabilitation, and Minor Construction Contract (RRC) The contractor shall provide (as specified in each Task Order under the resulting contract) all labor, equipment, materials and supervision necessary to perform a broad range of construction, repair, maintenance, and bid-build services at Fort Drum, NY. Work shall be performed in accordance with the terms and conditions of the resulting contract, Statement of Work, Scope of Work, and Specifications and Drawings as required in any resulting individual Task Order issued.

Contractor is also required, throughout the course of this contract, to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the SOW. The cost, if any, for providing this data shall be included in the Request for Task Order proprosals. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil.

Pricing for this solicitation shall be completed in accordance with section L and not entered here. The price schedule and binding rates shall be completed in Exhibit B.

Ordering Period: 2 July 2017 through 1 July 2022 The program ceiling of all contracts and task orders combined shall not exceed $99,000.000.00.

FOB: Destination

MAX

NET AMT

EXECUTIVE SUMMARY

1. The total program ceiling for the Sustainment, Restoration and Modernization (SRM) at Fort Drum contracts is $99,000,000.

2. The Government is under no obligation to issue any task orders against contracts resulting from this solicitation in excess of the guaranteed minimum. In addition, task orders SHALL NOT be issued for work that exceeds statutory limitation for new construction. The guaranteed minimum for this requirement is $5,000.00 per contract. A task order will be separately issued to each awardee under this requirement to satisfy this guaranteed minimum. The program ceiling for all combined contracts and task orders shall not exceed $99,000,000.

3. The Contract Line Item Number (CLIN) structure shall be established individually at the Task Order (TO) level.

The Pricing of TOs shall be pursuant to the instructions and limitations provided at Section H, Special Contract

Requirements, the MAIDIQ Cap Rates, and instructions at the individual task order level. Offerors binding MAIDIQ CAP RATES (submitted in accordance with section L) shall be carried over into the following table:

Direct Hourly Labor Rate w/ Fringe Benefits Contract Manager $ Contract Superintendent $ Quality Control Manager $

Percentage Applied G&A (Applied to total cost less bonds) % Profit (Applied to total cost to include G&A less bonds) %

Note that bonds shall be reimbursed at cost, no profit, G&A or overhead allowed once proof of payment is furnished.

4. For administrative purposes only, CLIN 0001 has been prefilled.

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

PART 1 GENERAL

1. STATEMENT OF WORK: This contract is to provide a rapid response vehicle for a broad range of Sustainment, Restoration and Modernization (SRM) work on real property located at Fort Drum, New York. All work shall be performed in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits contained in the contract or incorporated by reference. This contract will be an indefinite delivery, indefinite quantity type contract and will employ a wide variety of individual construction tasks. The SOW for each task order will include tasks in a variety of engineering areas to include but not limited to architectural, civil, electrical, environmental, mechanical, and structural. During the contract period, as specific requirements arise, the Government will implement the process set forth in Section H, Additional Contract Requirements, paragraph 31, to develop and issue individual task orders (TOs) to this contract. Individual scopes of work will vary in size depending on the complexity and nature of the work to be completed. The government will conduct bi-weekly meetings with the each contractor (Contract manager and Quality Control manager, at a minimum) sequentially at the Fort Drum Public Works Engineering building (P4894) to discuss existing and upcoming projects, pending project complexity and workload. The sequence, date and time will be determined after award has been made. The Contractor shall provide, upon receipt of a task order (TO), all work, materials, supplies, parts (to include system components), plant supervision, labor, and equipment, except when specified as Government Furnished, to repair or construct real property facilities and structures at Fort Drum. The following types of projects are included in the Scope of Work, and may be executed under this contract: new construction work up to $1,000,000, repair/renovation work up to $5,000,000, repair/renovation work exceeding $5,000,000 upon approval of higher Headquarters.

1.1. The Contractor's work and responsibility shall include all Contractor planning, programming, administration, and management necessary to provide all repair or construction and related services as specified. The Contractor shall conduct the work in strict accordance with the contract and all applicable federal, state and local laws, regulations, Unified Facilities Criteria (UFC), Unified Facilities Guide Specifications (UFGS), International Building Codes (IBC), directives, and Installation policies. The Contractor shall ensure that all work provided meets/exceeds the drawings and specifications identified in the Contract and task orders. The Contractor shall provide related services such as preparing and submitting required reports, performing administrative work, and submitting necessary information as specified under this Contract and within individual task orders. The intent of these specifications is to furnish concise IBC and/or commercial standards for maintenance, repair and minor construction of Government facilities. In the absence of specific guidance in the technical specifications, UFC, UFGS, IBC and/or commercial standards, or Fort Drum standards as a minimum shall be utilized. In case of a conflict among these laws, regulations, and codes the most stringent law, regulation, or code shall apply.

1.2 The work and design disciplines required by the Contract includes, but is not limited to, the following areas:

1.2.1 Architectural - Enclosures, shelters, building systems, mobile buildings, chimneys, grout, mortar, concrete, brick, concrete masonry units (CMUs), waterproofing, insulation, caulking and sealants, roofing, gutters, drains, metal decking, joists, siding and exterior surfacing, levelers, docks, ramps, stairs, shelving, windows, doors, painting, finishes, louvers, awnings, shutters, panels, grills, ceilings, acoustical areas, walls, paneling, flooring (conductive and nonconductive), carpeting, tiles, builder's hardware, signage, metals, woods and plastics, millwork, thermal and moisture protection, playground equipment, fireproofing, equipment systemization layouts, building fixtures and furnishings, and handicap systemization. All work must conform to the architectural theme of the Installation as defined in the Installation Design Guide, and is subject to the approval of the Fort Drum Architectural Compliance Board.

1.2.2 Civil - Topographic surveying, grading and earthwork, surface and subsurface storm drainage and drainage control structures, storm water management, erosion and sediment control, clearing and grubbing, paving and surfacing for roads, parking areas, and sidewalks, parking layout, pavement markings, traffic control and signage, gates and fencing, curbs and gutters, railroads, dewatering, landscaping, seeding and sodding, riprap, geotechnical investigations, slope stabilization, foundations, borings, trenching, piles and caissons, piers, bridges, spill containment, berms, demolition, and airfield runway and taxiway and aprons.

1.2.3 Reserved.

1.2.4 Electrical - Electrical distribution and network balancing (aerial and underground), transmission lines, substations, poles (telephone and power), towers, ducts, raceways, conduits, tubing, connectors, wires, cable, cable trays, outlet boxes, cabinets and enclosures, supports, fiber optics cable and equipment, manholes, concrete pads, insulators, lightning arrestors, transformers, capacitors, switches, relays, fuses, grounding, lightning protection, cathodic protection, service entrances, panel boards, circuit breakers, motor control centers, special equipment/systems, targeting systems, resistance heating, starters, uninterrupted power supplies (UPS), beacons, batteries, generators, solar systems, receptacles, lighting fixtures, lamps, ballasts, equipment connections, special outlets, disconnect switches, splices, terminations, control systems, security systems, IDS, utilities monitoring and control systems (UMCS), and similar microprocessor environmental control systems, audio and visual communication systems, telephone systems, instrumentation systems, and fire detection and alarm systems.

1.2.5. Environmental - Industrial and sanitary sewers, waste treatment facilities, septic tanks with drains, portable toilets, wells, water treatment facilities, water distribution systems, potable and fire water supplies including wells, piping, pumps, valves, sprinklers, water use analyses, sludge removal, leakage analysis, wetland delineation, wetland mitigation and hazardous waste analyses, and disposal of waste products.

1.2.6. Mechanical - Heating, ventilation, and air-conditioning (HVAC) systems and components, chillers, refrigerants, air handling equipment, energy conservation, heat transfer surfaces, furnaces, air distribution, valves, pumps and associated piping and ducts; conveying systems, elevators, night setbacks, dumbwaiters, moving walks, box conveyors, hoists and cranes, lifts, escalators with associated electrical and hydraulic controls; incinerators, boilers, material handling systems, dryers, streamlines, transient tubes, shredders, plumbing fixtures, special equipment/systems, sterilization systems, fuel distribution (i.e., propane, natural gas, and slurries), petroleum oil lubricants (POL), storage tanks for fuel, gas, water and sewage; piping systems, fire suppression (water, chemical, and gas), fuel use and leak analyses, sterilizers, compressed air production and distribution systems, medical and industrial gas distribution systems, exhaust systems, steam systems, pipe insulation, and plumbing systems involving water, solids, and hazardous waste.

1.2.7. Safety - Life safety, force protection, fire protection systems, industrial hygiene, flammable gases, medical safety and hygiene, asbestos and/or lead based paint evaluation and (removal/encapsulation), blast distances, and Failure Mode and Effects Analysis (FMEA), Occupational Safety and Hazards Act (OSHA), Uniform Federal Accessibility Standards (UFAS) Fed Std.795, Americans with Disabilities Act (ADA), Accessibility Guidelines for Buildings and Facilities, Architectural Barriers Act (ABA), and Accessibility Guidelines published in the Federal Register published in the Federal Register July 23, 2004 amended August 5, 2005 (Volume 69, Number 141).

1.2.8. Structural - Structural design and analysis of building systems and ancillary structures (to include concrete, masonry, steel), foundations, underwater structures, reinforced concrete, equipment mounting, shock isolation, reinforced masonry, wood, steel joists, steel decks, structural steel frame systems, steel bracing, steel connections, non-building structures, welding procedures, detailing of structural components and hardened (protective) structures, and snow loads. Also to include earthquake consideration of utility systems, non-building structures such as elevated tanks, vertical tanks on ground, horizontal tanks, retaining walls and buried structures, anchorage and support of mechanical and electrical equipment and applications of industry building codes and standards.

1.2.9 Systems - Quality Control, Operations and Maintenance (O&M) manuals and procedures, both preventative and breakdown, training, human factors engineering. Upgrade assessments, equipment inventories and Operation and Maintenance documentation. Energy system surveys. System/equipment and Life safety repair and maintenance efforts for existing systems/equipment may be required. Logistical support shall be provided where required.

1.2.10 Asbestos/Lead - Asbestos and/or lead based paint abatement may be required during equipment/systems remediation. On-site inspection of Repair, Rehabilitation and Construction (RRC) efforts will be required.

Demolition and/or temporary removal and reinstallation of supporting elements in the project related areas will be required. Surveys and assessments of systems/equipment may be required prior to RRC action. Onsite inspection and acceptance services may be required. Ancillary work necessary to support the RRC action or to restore the work area to the condition prior to the RRC action shall be included in this contract. This objective shall be achieved through the implementation of task orders issued under the terms of this contract.

1.3 KEY PERSONNEL POSITION REQUIREMENTS/CONTRACTOR STAFF: Key personnel are identified as the Contract Manager, Quality Control Manager, and Contract Superintendent. The Contractor shall maintain sufficient management and technical staff available to respond to all the requirements set forth in this contract. The Contractor’s staff shall meet the position requirements as stated in the SOW and shall be designated in writing 10 business days prior to contract performance (listing name, address, and cell phone numbers, home telephone number and email address) to the Contracting Officer (KO) (Exhibit D, Data Item # D001) . The Government reserves the right to approve/disapprove personnel based on the position requirements as stated in the SOW. The Contractor shall provide personnel experienced and knowledgeable in civil, structural, architectural, mechanical, environmental, and electrical engineering disciplines.

1.3.1 The Contractor shall provide a Contract Manager within 10 days of award; this individual and any individual designated to act on his/her behalf, shall have the full authority to contractually commit the Contractor for prompt action on matters pertaining to contract administration of the contract. The Contract Manager shall be an employee of the Contractor. The Contract Manager (or the designated individual) shall have the authority to contractually commit the Contractor during negotiations, and shall have authority to sign task orders and modifications and return documents to the Contracting Officer within four (4) hours of receiving these documents (via email, fax, hand-carry or any other approved electronic means). The Contract Manager shall designate an individual that will be available to meet on-site at Fort Drum for contract clarifications/negotiations, site visits, status or any other meetings within 24 hours after the Contract Manager is notified by the Government. At the discretion of the Contracting Officer and to allow for maximum participation by the Contract Manager, contract clarifications/negotiations and meetings may be conducted via video-teleconference. The Contract Manager shall be responsible for the overall management, coordination of this contract and all projects, and shall be the central point of contact with the Government for performance of all work under this contract. Another individual may be designated to act for the Contract Manager;

however, 10 business days advanced written notice of such change shall be provided to the Contracting Officer. The Contract Manager shall be reachable by phone and email during the hours from 7:30 a.m. to 4:00 p.m., Monday through Friday, except on Federal holidays. Regardless of weekday/weekend status, either the Contract Manager or a designated individual with signature authority shall be physically present on Fort Drum if requested by the Contracting Officer, during the end of September for no more than two days from 7:30 a.m. to 1200 midnight as necessary to sign task orders for the fiscal year end close out. The Contract Manager, Quality Control Manager and Contract Superintendent or their designee(s) must be able to understand, speak, read, and write the English language fluently. The Contract Manager shall oversee task order accomplishment, administer general instructions to Task Order Project Superintendents, and answer all questions from the Contracting Officer pertaining to the task orders during the life of the contract. The Contract Manager is responsible for providing adequate resources to ensure all submittals, drawings, Contractor/subcontractor payrolls and deliverables are timely and accurate with less than 5% rejection by the Government. The Contract Manager shall be responsible for over-all phase-in, coordination and completion of all work under this contract, and is ultimately responsible for the proper execution of the contract.

When the Contractor has active on-site work occurring on any task orders, the Contract Manager shall email a list to the Contracting Officer and Contracting Officer Representative (COR) denoting the task order and active dates NLT 24 hours before work occurs. Individuals designated by the Contract Manager to act for the Contract Manager shall meet the qualifications of the Contract Manager and shall be employees of the Contractor. The Contract Manager shall have a total of 30 hours in OSHA General Construction training courses and meet the qualifications in 1.3.1.1 or 1.3.1.2, as listed below:

1.3.1.1 An accredited Bachelor’s Degree in Engineering, Architecture, Construction Management or a related civil, structural, mechanical or electrical field; a minimum of 10 years of experience managing multiple construction projects that include engineering design prior to construction (i.e. design-build projects), facility repair or maintenance projects with an individual project value of at least $1 million and an annual total value of no less than $10 million; or experience as a deputy/assistant contract manager or higher.

1.3.1.2 An accredited Associate’s Degree in Engineering, Architecture, Construction Management or a related civil, structural, mechanical or electrical field, minimum of 15 years of experience in managing multiple construction projects that include engineering design prior to construction (i.e. design-build projects) and facility projects with an individual project minimum value of $1 million and a minimum annual total value of $10 million; or experience as a deputy/assistant contract manager or higher.

1.3.2. The Contractor shall provide a Quality Control (QC) manager. The QC Manager shall complete the course entitled “Construction Quality Management for Contractors” within 6 months of contract award. The QC Manager shall be responsible for overall management of Contractor Quality Control (CQC) of the overall contract and have the authority to act in all CQC matters for the Contractor. The QC Manager shall be present on-site at Fort Drum and perform daily inspections while the Contractor has active construction TOs. Inspectors shall report to the QC Manager. An alternate for the QC Manager shall be identified to serve in the event of the QC Manager’s absence.

The QC Manager cannot at any time act as the on-site Task Order Project Superintendent for any task order. The Contract Manager shall ensure that duties of the Contract Manager (or the designated individual) shall not interfere with the independence or present a conflict of interest with the appointment of the QC Manager. The Contractor shall avoid conflicts of having one individual fulfill QC Manager and On-site Task Order Project Superintendent roles on a TO. The QC Manager shall have no other role than that of QC Manager. The QC Manager must be a Contractor employee. At the request of the COR, the QC Manager must be present on site to meet with Government officials. The Quality Control (QC) Manager shall have a total of 30 hours in OSHA General Construction training courses and meet the qualifications in 1.3.2.1 or 1.3.2.2, as listed below:

1.3.2.1 An accredited AS degree in Construction Management or a related civil, structural, mechanical or electrical field; a minimum of 5 years specialized experience as a project/job inspector or quality control specialist in a construction environment on multiple projects totaling over $1 million annually;

1.3.2.2 A minimum of 10 years of experience in civil, structural, mechanical or electrical field construction.

1.3.3. The Contractor shall provide a Contract Superintendent to oversee all task orders issued. The Contract Superintendent may not be an employee of a sub-contractor; the Contractor must list in its technical proposal that the Contract Superintendent will be part of each task order. The Contract Superintendent qualifications must meet the requirements of the SOW and shall be designated in writing by the Prime Contractor 10 business days after the task order issued date (listing name, address, and cell phone numbers, home telephone number and email address (Exhibit D, Data Item #D001). The Contractor is responsible to provide a Contract Superintendent that complies with the qualifications in the SOW. The Contract Superintendent shall be present at Fort Drum and performing daily superintendent duties while the Contractor has active construction TOs. The Contract Superintendent shall have a total of 30 hours in OSHA General Construction training courses and meet the qualifications in 1.3.3.1 or 1.3.3.2, as listed below:

1.3.3.1 An accredited AS degree in Construction Management or a related civil, structural, mechanical or electrical field, a minimum of 5 years of construction experience on multiple projects totaling over $1 million;

1.3.3.2 A minimum of 10 years of construction experience on multiple projects totaling over $1 million annually may be substituted for the Associate’s degree and 5 years of experience.

1.3.4. Contractor Personnel: Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed and approval has been granted by the KO for the non-U.S. citizen to perform the required support. Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly, and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.3.4.1. Contractor and subcontractor, to include all tiers of subcontracted, employees shall be subject to all Fort Drum Regulations and Policies. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Individuals who violate such rules, regulations, laws, directives, or requirements may be denied access to the Installation, either temporarily or permanently.

1.3.4.2. Contractor and subcontractor, to include all tiers of subcontracted employees shall be appropriately dressed, including individual protective clothing and equipment, for the work to be done.

1.3.4.3. The Contractor shall not allow any employee having possession of, or under the influence of alcohol or controlled substances to perform work.

1.3.4.4. Relationship between Government, Contractor, and Contractor Personnel: The services to be delivered by the Contractor to the Government are non-personal services, and no employer-employee or master-servant relationship exists or will exist under the contract between the Government/Government personnel and Contractor.

Contractor personnel shall be responsible not to the Government, but solely to the Contractor, who shall be accountable to the Government. The services to be performed under this contract shall not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, Contractor personnel shall act and exercise personal judgment and discretion on behalf of the Contractor.

1.3.4.5. The Contractor shall not hire for this Contract any person whose employment would result in a conflict of interest or employment which is prohibited by the Department of Defense Regulation 5500.7-R entitled "Joint Ethics Regulation (JER)", dated August 30, 1993.

1.3.4.6. The Contractor's employees shall be subject to the same general rules of conduct while on the installation that apply to Government civilian employees. The Government reserves the right to refuse installation access to any Contractor employee if the Contracting Officer determines it to be in the best interests of the Government.

1.3.4.7 The Contractor will be required to respond within two (2) calendar days from the time contacted by the KO or COR regarding conduct of Contractor employees.

1.3.5 TIER 1 Subcontractors. The Contractor is responsible for subcontracting architectural and engineering services, when required by the task order statement of work, for preparing construction documents to include, but not limited to, reports, plans, and specifications. All construction documents and inspection and testing services for acceptance of work must be completed by firms appropriately licensed or certified and shall be financially independent of the installer; unless the installer is the Contractor self-performing the work.

1.4 REQUIRED CONTRACTOR PLANS: The Contractor shall submit the following plans when applicable to a given task order. These plans shall clearly demonstrate an understanding of all tasks and describe a sound approach to satisfy these requirements. The Contractor shall implement, maintain, and follow these plans/programs during the term of the contract. The Contractor shall update these plans as changes occur, and provide the Contracting Officer or COR with an original and one copy of the updated plan within 10 calendar days after change of conditions.

Changes shall not be implemented prior to approval of the Contracting Officer.

1.4.1 CONSTRUCTION, DEMOLITION AND DEBRIS WASTE MANAGEMENT PLAN. This Plan shall be submitted within 30 days after contract award and prior to initiating any site preparation work (Exhibit D, Data Item # D002). See Section H, Additional Contract Requirements, paragraph 12 for plan requirements.

1.4.2 ENVIRONMENTAL PROTECTION PLAN (EPP): The Contractor shall prepare and implement an effective environmental protection program, including a generic EPP. The EPP shall be written to cover all aspects of environmental protection for the contract. The EPP shall be submitted to the Contracting Officer for approval within 30 days after contract award and prior to initiating any site preparation work (Exhibit D, Data Item # D003).

Approval of the Contractor's plan will not relieve the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures. See Section H, Additional Contract Requirements, paragraph 17(l) for plan requirements.

1.4.3. PHASE OUT PLAN: When this contract expires there may be task orders still outstanding from this contract.

Depending on the amount of work remaining, this could be anywhere from one (1) to 12 months. A Phase Out Plan shall be submitted, at least 6 months prior to contract expiration, to describe how the Contractor will finalize all operations on Fort Drum (Exhibit D, Data Item # D004). The plan shall, at a minimum, address the following issues:

1.4.3.1. Discuss how task order warranty issues will be managed;

1.4.3.2. Explain how Contractor operations on the Installation will be phased out, to include oversight of ongoing work to ensure successful and timely completion.

1.4.4. GENERIC SITE SAFETY AND HEALTH PLAN. This Plan shall be submitted within 30 days after contract award and prior to initiating any site preparation work (Exhibit D, Data Item # D005). See Section H, Additional Contract Requirements, paragraph 42, for plan requirements.

1.4.5. CONTRACTOR QUALITY CONTROL (CQC) PLAN. The CQC Plan shall be submitted within 15 days of contract award (Exhibit D, Data Item # D006). See Section H, Additional Contract Requirements, paragraph 13, for plan requirements.

1.5 Organizational Conflict of Interest (OCI):

1.5.1. Purpose. To aid in ensuring that:

1.5.1.1. The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

1.5.1.2. The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

1.5.1.3. The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

1.5.2. Definitions.

1.5.2.1. The term “Contractor” herein used in section 1.5., OCI, means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) it’s parent organization, if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

1.5.2.2. The term "proprietary information" for purposes of section 1.5., OCI, means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

1.5.3. OCI Examples. The following examples illustrate situations in which OCIs may arise. These examples are not all inclusive.

1.5.3.1. Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

1.5.3.2. Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

1.5.3.3. Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

1.5.4. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the KO that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the KO will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the KO may impose constraints other than, or in addition to, the constraints listed below.

1.5.4.1. The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a subcontractor or consultant to a supplier of the system or any of its major components (FAR 9.505-1).

1.5.4.2. The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it will not be allowed to furnish these items, either as a prime Contractor, a subcontractor or as a consultant (FAR 9.505-2).

1.5.4.3. The Contractor agrees that it will neither evaluate nor advise the Government with regard to its own products or activities. The Contractor will objectively evaluate or advise the Government concerning products or activities of any prospective competitors (FAR 9.505-3).

1.5.4.4. The Contractor agrees that if it gains access to proprietary information of other companies, it will exercise diligent effort to protect such proprietary information from unauthorized use or disclosure (FAR 9.505-4). In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor also agrees that if it gains access to the proprietary information of other companies it will enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished. The Contractor shall provide copies of such agreements to the KO.

1.5.4.5. If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the KO, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or (b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the Government.

1.5.5. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor will educate its employees regarding the restrictions imposed by FAR 9.505-4, so that they will not use or disclose proprietary information or data generated or acquired in the performance of this contract, except as provided herein.

1.5.6. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal provisions of FAR Subpart 9.5 and its underlying policy and principles, so that each employee will know and understand the provisions of that Subpart and the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

1.5.7. Subcontracts. The Contractor agrees that it will include the provisions in paragraphs 1.5.4., 1.5.5., and 1.5.6.

above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers, which involve access to information or the performance of services described in paragraph 1.5.4. above. The use of section 1.5., in such agreements, shall be read by substituting the word "consultant" or "subcontractor" for the word "Contractor" whenever the latter appears.

1.5.8. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and/or restrictions relating to 1.5., to include the requirement for the Contractor and its subcontractors and employees to furnish the Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor, in response to an RTOP, by submitting its proposal the Contractor represents that it has disclosed to the KO, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.5.9. Conflicts Involving Future Procurements. The award of this contract, and all task or delivery orders issued under this contract, government taskings or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the KOs for such efforts, applying the rules, principles, and procedures of FAR Subpart 9.5, have the authority to determine whether a conflict exists, in connection with such procurements.

1.5.10. Representations and Disclosures.

1.5.10.1. The Contractor represents that it has disclosed to the KO, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5.

1.5.10.2. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

1.5.11. Remedies and Waiver.

1.5.11.1. For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with section 1.19., the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the KO may terminate this contract, or any task or delivery order issued under this contract for convenience, if such termination is deemed to be in the best interest of the Government.

1.5.11.2. The parties recognize that this clause has potential effects, which will survive the performance of this contract, and that it is impossible to foresee each circumstance to which it might be applied in the future.

Accordingly, the Contractor may at any time seek a waiver from the cognizant KO by submitting a full written description of the requested waiver and the reasons in support thereof (FAR 9.503).

1.6 CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA):

The contractor will report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of the Army) via a 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.

Reporting inputs will be for the labor executed during the period of performance during each Government 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, beginning with 2013. 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.”

1.7 AT LEVEL I TRAINING: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 45 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil.

PART 2

DEFINITIONS AND ACRONYMS

DEFINITIONS

Bilateral. A bilateral document is one signed by both the Contractor's and the Government's authorized representatives, as contrasted to a unilateral document, usually signed only by the Government's representative.

Status Meeting. A meeting between the COR, Contract Administrator and Contractor Contract Manager to discuss the status of all active projects. Meetings are held at the discretion of the COR and may be held via video-teleconference in order to allow maximum participation by all required parties.

Contract. “Contract” means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; task orders issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications.

Contracting Officer (KO). An individual with the authority to enter into administer, and/or terminate contracts and make related determinations and findings on behalf of the Government.

Contracting…