20171219_MAIDIQ_SOW.pdf

Multiple Award Indefinite Delivery/Indefinite Quantity Statement of Work (SOW)

14 November 2017

1. PURPOSE AND SCOPE

1.1 This Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ) contract is used for a broad range of maintenance, repair, and alteration projects. Inclusive are maintenance, repair, remodeling, renovation and minor new construction, which may include incidental design services.

Both Design-Bid-Build (from here on referenced as construction) and Design-Build (design and construction) type projects may be performed under this contract. Design-Bid-Build (Construction) is defined as the traditional delivery method for construction projects where design and construction are sequential and contracted for separately with two contracts and two contractors.

The drawings and specifications created under an initial Architect-Engineer contract are used as the bid documents in the following construction contract. Whereas, Design-Build combines the architectural, engineering, and construction services required for a project into a single contractual agreement. Under such an agreement, the Government contracts with a single entity, the contractor providing the end product is responsible for both design and construction.

1.1.1 Proposals to complete an individual project shall be requested by issuance of a Request for Task Order Proposal (RTOPs). Resulting awards shall be issued as Task Orders (TOs). The Contractor shall have an office located within the New York and New Jersey district. All work shall be performed on real property located in facilities assigned to New York U.S. Military Academy West Point, NY and at Stewart Army Sub Post, New Windsor, NY.

1.2 The primary goal of the MAIDIQ is acquisition of government facility construction requirements; contractor responsiveness is paramount. In the event of an emergency requirement, the contractor’s response time for pre-bid/proposal site visit and bid/proposal submission may be shortened. Therefore, it is imperative that contractors designate an individual who has the authority to bind or otherwise obligate the company.

1.3 The task orders (TO) shall vary in size ranging from $2,000.00 to approximately $5,000,000.00 with the majority ranging from $750,000.00 to $5,000,000.00. Majority of the work shall be performed on historical buildings administrative, classroom, dining, sports, recreational, billeting, workshops, maintenance, and training facilities. Projects may include tasks in a variety of trades such as carpentry, road repair, roofing, excavation, interior work (to include remodeling and interior modifications), electrical work, steam fittings, plumbing, sheet metal, painting, demolition, concrete masonry, welding, mechanical, landscaping, and other general construction work.

1.4 Contractor Responsibility. The contractor shall provide all parts, labor, plant, equipment, material, supplies, supervision, management, transportation, and all other requirements to successfully perform all MAIDIQ projects. Work shall be performed in strict accordance with all terms and conditions of the MAIDIQ and resulting TO, to include but not limited to, the TO SOW, specifications, drawings, applicable wage determinations and all other documents incorporated into the TO.

1.4.1 The MAIDIQ Contractor(s) (from here on referenced as Contractor(s)) shall be responsible for all costs associated with fulfilling the requirements of each individual TO. They shall ensure compliance with best commercial practices of the trade, or class of work involved. They shall ensure that work is executed in a careful and orderly manner by workers skilled in their respective trades. All applicable codes, laws, and regulatory requirements shall be adhered to while performing work under this contract.

2. WORK BY THE GOVERNMENT.

2.1 The Government reserves the right to undertake performance by Government forces or other Contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so shall not breach or otherwise violate this contract.

3. PLACE OF PERFORMANCE

3.1 All construction work performed under this MAIDIQ shall be at U.S. Military Academy West Point, NY and at Stewart Army Sub Post New Windsor, NY. Both locations are located in the tristate area and are easily accessible by rail and public highways.

4. HOURS OF OPERATION

4.1 Working hours for the Contractor will be 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor wishes to work during periods other than above, additional Government inspection forces will be required. The Contractor must notify the Contracting Officer (KO) and the Contracting Officer Representative (COR) three

(3) working days in advance of his/her, intention to work during other periods to allow assignment of additional inspection forces when the Contracting Officer determines that the additional inspection force is reasonably available. All inspections will be done during normal duty hours.

Due to certain circumstances (i.e., emergencies or urgent requirements), deviation of contractor’s working hours will be as indicated in the Request for Task Order Proposal RTOR.

4.2 During the course of this contract, the Contractor shall not perform any physical work on the days/periods listed below:

• United States Military Academy (USMA) Graduation Week: A seven-day period starting the Sunday before graduation. This is usually the end of May.

• United States Military Academy Prep School (USMAPS) Graduation Weekend.

Occurs annually one weekend during the month of May.

• USMA Reception Day: A single day in the end of June or early July when the new Cadet class arrives.

• USMAPS Reception Day: A single day in the end of June or early July when the new Cadet class arrives.

• Football Home Games: Seven home football games per year. Exact dates shall be furnished to the Contractor on request in the year they shall occur.

• All Government Holidays (See C.4.6.)

• The Contractor should anticipate four (4) additional days each calendar year in which no physical work shall be performed. These days will be at the Government’s discretion. The actual “No-Work” days (special events, presidential visits, award ceremonies etc.) shall be confirmed by the Government during the work phase, in conjunction with the construction plan approval. The Contractor’s schedule must reflect the above anticipated “no work” days.

4.3 During periods of darkness, the different parts of the work shall be lighted in a manner conforming to OSHA requirements and approved by the Contracting Officer. Construction activities that shall cause significant interruption to, or prevent the conduct of, educational or staff activities during normal working hours shall be done outside regular working hours. The above conditions shall be anticipated by the contractor and clearly identified early in the project on the construction schedule and work planning documents to be submitted for review.

4.4 Make utility cutovers after normal working hours or on Saturdays, Sundays, and Government holidays unless directed otherwise. Conform to procedures required in the previous paragraph for work outside regular hours.

4.5 Ensure that new utility lines are complete, except for the connection, before interrupting existing service. Interruption to water, sanitary sewer, storm sewer, telephone service, electric service, air conditioning, heating, fire alarm, compressed air, shall be considered utility cutovers.

Such interruption shall be further limited to 4 hours. This time limit includes time for deactivation and reactivation.

4.6. Federal Installations under this contract observe the following legal holidays:

New Year’s Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

NOTE: Any of the above holidays falling on a Saturday shall be observed on the preceding Friday.

Holidays falling on a Sunday shall be observed on the following Monday. The normal hours of work on the previously identified federal installations are from 7:45 A.M. to 4:30 P.M., Monday through Friday, excluding holidays. Access to work sites may be restricted to these hours and days.

Work that requires inspection during accomplishment or that prevents inspection of a previous work after accomplishment normally shall not be allowed during other than the normal work hours specified above.

4.7 The Contractor shall submit for approval to the Contracting Officer a construction plan indicating the type and extent of construction to be performed. The plan shall be submitted not less than twenty-one (21) calendar days prior to actual construction or as specified on the Task Order.

Open trenches or road restrictions shall not be permitted without the approval of the Contracting Officer. The Contractor shall also submit for approval to the Contracting Officer a staging plan.

The staging plan shall be submitted not less than twenty-one (21) calendar days and up to sixty (60) calendar days prior to actual construction as specified in the Task Order.

4.8 Any work outside the immediate work site or staging area should have a public notice if it has major impact to the community. The Contractor shall submit to the Contracting Officer a request for release of a public notice not less than ten (10) calendar days prior to performing the work.

4.9 For any activity that affects working conditions including parking spots, access to entrances to buildings, road and sidewalk closures, and similar items, Contractor shall submit notification for approval to the Contracting Officer not less than thirty (30) calendar days and up to sixty (60) calendar days as specified in the Task Order.

4.10 Parades, reviews or similar ceremonies are routinely conducted three or four times a week.

Hours of such ceremonies are normally 5:00 p.m. on weekdays and 11-11:30 a.m. on Saturdays, although there are exceptions to these hours. Detailed schedules of ceremonies may be obtained two (2) months in advance on request from the COR In addition, the following requirements shall apply to all contractors’ activities in connection with these ceremonies.

4.10.1 Right of way shall be given to cadets marching in formation to or from ceremonies.

4.10.2 During the actual ceremonies, the Contractor's activities that produce noise to an extent which would distract or interfere with the ceremony, such as the operation of loud and noisy machinery shall be suspended until the ceremony is over.

4.11 Sallyports and other access ways shall be fully usable. The sallyports shall be actively used by the Corps of Cadets.

4.12 All cost for conformance with the above stated requirements shall be included with contract amount and no claim for extra cost shall be considered.

5. CONTRACTOR PERSONNEL

5.1. The Government will not exercise any supervision or control over contractor or subcontractor employees (from here on referenced as employees) performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for all contractor employees.

5.2. The Contractor is fully responsible for the performance and conduct of their employees at all times while on Government property performing work under the contract.

5.3. The Contractor shall take appropriate personnel action, as required, in the event any employee becomes involved with civilian or local authorities because of misconduct. The Contractor’s employees are subject to the same general rules of conduct while on the Government installation that apply to Government civilian employees.

5.4. The Government reserves the right to refuse access to Government installation grounds to any contractor employee if the KO determines it to be in the best interest of the Government.

5.5. The Contractor shall not allow any employee to perform work under the contract while under the influence of alcohol, drugs, or any other incapacitating agent.

5.6. All Contractors’ employees, including existing and new employees, are required to be verified through the Government's E-Verify System that confirms employees are authorized and eligible to work in the United States. Assurance of compliance with the provisions of this article by subcontractors is the Contractor's responsibility.

6. KEY PERSONNEL

6.1. As a minimum, the overall program manager(s) for the Contractor shall be authorized as a legal representative of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. The program manager or other authorized legal representative shall respond within 2 hours to the COR.

6.2. The Program Manager shall have the level of experience and competency required to successfully manage all business related, construction, and design, if applicable, work performed under the contract.

6.3. The Program Manager shall have the ability to manage and control multiple projects with experienced contractor and subcontractor personnel at multiple job locations. They shall ensure all personnel are qualified, competent, and capable of handling all assigned tasks.

6.4. The Contractor shall assign a Site-Superintendent for each project in accordance with FAR 52.236-6 Superintendence by the Contractor. A working Site-Superintendent may be authorized for projects that are under $150,000 or as indicated in the RTOR.

6.5. Program Manager, project superintendents and engineers must read, write, and speak fluent English.

7. PROGRESS SCHEDULE

7.1 The Contractor shall submit within 5 days, to the KO for approval, a practicable schedule for each TO awarded over $150,000.00 and for a period of actual work performance exceeding sixty

(60) calendar days. The Government reserves the right to request a schedule for TOs awarded for less than $150,000.00 and/or that last for less than sixty (60) days. Schedule shall comply with FAR 52.236-15 – Schedules for Construction Contracts.

7.2 The Contractor shall enter the actual progress on a progress report as directed by the Contracting Officer, and upon doing so shall immediately deliver three (3) copies of the annotated progress report to the Contracting Officer. If it is the opinion of the Contracting Officer that the Contractor has fallen behind the approved schedule; the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress shall be regained.

7.3 Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

8. PROGRESS MEETINGS

8.1. Contractor interface with the Government shall be on a continual basis, and periodic meetings are expected to discuss the progress and quality of work being performed. The COR (i.e., Project Site-Superintendent) shall be available to meet with the KO and/or COR/Inspector at the job site, or other designated site, to discuss work progress. Meetings shall be scheduled by the KO and/or Contracting Officer’s Representative with timely 48 hours notification to the Contractor. At the progress meetings, Contractor shall demonstrate work progress utilizing the government approved Construction Schedule.

8.2. The Contractor shall prepare an agenda and conduct the meetings. The project schedule shall be updated for each meeting. For projects, a kick-off meeting shall be held and meetings shall be conducted after each design submission. The Contractor shall prepare and submit meeting minutes electronically. Meeting minutes shall document and summarize substantive information, main issues of discussion, open items, closed items, and action items. Action item lists shall identify the specific action required, responsible party, and due date.

9. RECORD AND AS-BUILT DRAWINGS

9.1. Record drawings are identified as the Government’s most recent as-built drawings of existing facilities. The record drawings shall indicate the actual location of all systems within the work area.

The contractor shall maintain the record drawings at the jobsite mounted to a plywood or other tabletop to allow inspection by the COR and Project Manager at any time during the construction.

In order that the location of these systems and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of each run including each change in direction. Valve, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. At the time of beneficial occupancy of each structure or facility involved under the contract, the Contractor shall submit to the DPW Chief, Construction Branch for acceptance and retention, as-built prints showing the aforementioned data.

9.2 As-built drawings are final drawings that are submitted by the contractor upon completion of the project and prior to final payment.

9.3 At the job site and as work progresses, the Contractor shall keep an accurate record of all changes and corrections to the drawings, as applicable. The as-built drawings shall indicate, in addition to all changes and corrections, all physical changes to the construction area and the actual location of all new utility lines. At the time of beneficial occupancy of each structure or facility involved under the contract, the Contractor shall submit to the KO “as built” prints showing the aforementioned data. If the Contractor fails to maintain the as-built drawings as required herein, the KO shall consider that satisfactory progress has not been achieved for the period in question, thereby requiring the retention of up to 10% of any payments to be made until such drawings are made correct. Estimated cost of preparing the as-built drawings shall be deducted from any such payment. The Contractor shall provide the Government with two (2) sets of hard white prints (24” x 36”, D size) and one (1) CD or DVD disk in AutoCAD (2008 or newer) and PDF format of the as-built drawings. All final drawings shall be to scale as indicated on drawings.

9.4 The Contractor shall be responsible for field measurements and existing site conditions.

10. CONSTRUCTION SITE STANDARDS

10.1 The construction site must be operated and maintained according to contract specifications and is subject to inspection and enforcement according to all federal, state and local codes/regulations.

10.2 Contractor shall provide and install all necessary scaffolding and staging to accomplish all phases of the contract work. The Contractor shall be responsible for the strength and safety and be in full compliance with the laws governing safety standards of scaffolding.

11. AVAILABILITY OF WORK SITE

11.1. The Contractor shall coordinate the work to allow minimum inconvenience to the Government. Through DPW, the Contractor shall coordinate with any adjacent or nearby construction projects and with Building Commandants as required.

11.2. If deviation from official contract work hours is required, the Contractor shall submit a written request to deviate from official work hours fifteen (15) calendar days in advance of the requirement to the KO and include:

1) State reason why deviation is necessary

a) Requested working hours

b) Dates required and/or duration

2) Work to be performed

3) Confirm if digging, utility cut-offs, or other work requiring Construction Contract Inspector shall be completed

4) Indicate if work shall or shall not be at an additional cost to the government

5) Indicate that the work shall or shall not have any adverse effect on daily government activity

11.3. Contractor shall continue performing during official contract work hours until KO’s approval is obtained to deviate.

12. CONSTRUCTION SITE MAINTENANCE

12.1. Contractor shall store all supplies and equipment on project site to preclude theft or damage.

Maintain site in a neat and orderly manner. Protection and security for materials and equipment on site is the sole responsibility of the Contractor. The Contractor may be required to install temporary construction fencing to protect the site, at no cost to the Government.

12.2. Any damage to the existing structure and contents with the building caused by the neglect of the Contractor, shall be repaired, restored, or replaced promptly and proficiently at the expense of the Contractor. As a precaution to protect the contents of the building, the Contractor is required to secure the work area at the end of the workday, by the use of an approved means, which shall be submitted to the COR for approval prior to work.

13. WORK IN SPECIAL SECURITY AREAS.

Government shall provide all escorts if contractor accesses to security areas, while working on construction projects, is required.

14. SUB-CONTRACTS.

MAIDIQ contractors shall comply with requirements set forth in 52.222-11 -- Subcontracts (Labor Standards), to include but not limited to, prompt submission of Standard Form (SF) 1413, Statement and Acknowledgment with all applicable clauses, prior to sub-contractor performance.

15. TEMPORARY STORAGE FACILITIES

15.1. The location for exterior stock piling (lay down yard) of materials shall be indicated in the RTOP. The Contractor shall be responsible for protecting any authorized materials stored or stockpiled against weather, damage, theft, and other risks of loss. The Government assumes no responsibility for any material or equipment left in the storage area.

15.2. If approved by the KO for placement at any project site, all contractor-owned construction sheds, trailers, offices or other such facilities requiring utility services shall be metered, at contractor’s expense, for each utility involved. Utility expenses shall be borne by the Contractor.

16. RESERVED

16.1 If a trailer is required for work and at the discretion of the Government, an office trailer may be located at the project site. The Contractor shall request KO approval for the trailer location. The Contractor shall make the request in writing at least seven (7) calendar days prior to the pre-construction meeting. All office trailers shall be located in areas as directed by the KO and/or COR/Inspector. Any office trailer shall not be more than 10’ x 32’ in size, provided with a skirt on all sides, in like-new condition, and painted in accordance with the appropriate installation guidance. Office trailers in need of painting and/or repairs, or that are in unsightly/unkempt conditions will not be allowed at the project site. Displayed on the exterior of all trailers shall be a nameplate which has the name of the Contractor’s company, name for Contractor’s point(s) of contact (POC) and telephone number where he/she can be reached, contract number, project number and title, and date trailer was placed on site where located. Messy

17. CONTRACTOR FURNISHED STORAGE TRAILERS/FACILITIES STORAGE UNITS

17.1. Unless otherwise indicated, no storage facilities are available for contractor owned materials.

Buildings and structures that are part of the contract may be used for storage providing the space is not required for occupancy and contractor accepts full responsibility for the materials stored therein. The Government shall not be liable for items in the storage area. Contractor should be prepared to screen their lay down area and the job site as needed or directed with not less than a six

(6) foot with black mesh screening for the duration of each task order/construction project.

17.2. Availability and size of the material lay down yard shall be restricted as noted on the RTOP documents. The Contractor shall consolidate all bulk and/or large quantities of materials at the construction site in area(s) approved by the KO and/or COR/Inspector. All such items shall be stored neatly grouped together. Bulky or unsightly construction materials, heavy and/or light equipment, or tanks shall not be delivered to or stored on the construction site for any period longer than seven (7) calendar days prior to use, installation in the project, or start of construction. The Contractor shall store all supplies and equipment on project site to preclude theft or damage.

Protection and security for materials and equipment on site is the sole responsibility of the Contractor. The Contractor shall not use any area(s) for material or equipment storage that has not been approved by the KO.

17.3. The size and color of storage units, CONEX boxes, and dumpsters shall be discussed and approved by the KO and/or COR/Inspector during the pre-construction conference. All storage units shall be painted in accordance with all appropriate installation guidance. Displayed on the exterior of all storage units shall be a nameplate with the name of the Contractor’s company, name for Contractor’s point(s) of contact (POC) and telephone number where they can be reached, contract number, project number and title, and date unit was placed on site where located.

18. SITE ACCESS.

18.1 When roads and thoroughfares are available, the Contractor shall use established roadways when transporting personnel and/or material in the execution of work. The Contractor shall strictly adhere to the foregoing and shall not develop new ingress or egress roads without specific written instructions from the KO. Streams, trails, and alternate access routes may only be utilized upon prior approval of the KO. Extreme care must be utilized to prevent the harm of Government Installation property and endangered plants, species, and wildlife. Free access must be provided to all roadways, fire hydrants, and designated exits, unless permission has been granted by the Fire Department for the temporary closing of the same.

19. PARKING.

19.1 Tire and track impressions (ruts) created on wet or soft soil by vehicles and/or equipment used in the Contractor’s operations shall not be left for more than one calendar day after removal of such vehicle or equipment that caused the rutting. The Contractor shall restore the affected area(s) of the site to its original condition within that one-day period.

20. EXCAVATION REQUIREMENTS

20.1 When required, the Contractor shall coordinate through the COR/Inspector to obtain excavation permits. The contractor shall ensure that utility clearances have been obtained prior to performing work under an individual TO.

20.2 The Contractor shall have a completed and approved Directorate of Public Works (DPW) Dig Safe Permit in their possession prior to any excavation, to include sign or fence-post holes. All land disturbance shall comply with the West Point 32 CFR 651, Record of Environmental Consideration or as indicated in the RTOP.

20.3 The Contractor shall be responsible for coordinating the locating of government-owned communication lines prior to excavation.

20.4 The Contractor shall Submit a DPW Dig Safe Permit Request to locate utility lines prior to any excavation or as indicated in the RTOP. Comply with all Dig Safe Permit requirements.

Current requirements include submitting the Dig Safe Permit Request ten (10) days prior to excavation and marking the dig area with white flags prior to submitting the Dig Safe Permit Request; however, these requirements are subject to change. Utilities are usually located within 5- 10 workdays from the date of request but, due to weather conditions, construction workloads, etc., longer periods of time for these utility locates may be experienced.

20.5 The Contractor is responsible for coordination with any known or suspected non-governmental utilities such as telecommunications or cable television. The permit shall remain valid for a period of 14 days or as otherwise directed by the issuing authority.

20.6 Utility locations, if and when shown on drawings, are approximate. The Contractor shall field verify all utility locations and have the appropriate utility company mark their location before digging or trenching. This shall include but is not limited to the use of sonic, electronic or magnetic detection devices, by noting pull box and utility box locations at the surface, and by potholing.

Contractor shall be responsible for repairing any utilities damaged during construction at no additional cost to the Government.

21. MARKINGS

21.1. After the markings have been made, Contractors are required to maintain a minimum clearance of two feet between a marked, underground utility line and the cutting edge of any power-operated excavating equipment.

21.2. Maintain any paint marks or stakes indicating underground utilities/lines as required during the duration of work or 30 calendar days from date of approved permit (whichever is later).

22. DAMAGE TO UTILITIES

22.1. In the event of a contractor-caused utility failure/disruption, the Contractor shall first make the area safe, then immediately contact DPW Emergency Maintenance Division, 845/938-2317 (business hours) or 845/938-2316 (after hours), the KO, and the COR/Inspector.

22.2. If, during the course of excavation, a utility line has been exposed, before backfilling, the Contractor must inspect these utilities to ascertain if the utilities have been damaged. If damage of any kind is discovered or suspected, it is the Contractor’s responsibility to immediately notify the utility owner directly. The Contractor must NOT attempt to repair damaged utilities without authorization from the KO. If authorized by the KO to repair the damage, the Contractor shall continue on a round the clock basis until the service is restored.

22.3. If the damaged utilities were previously known or shown to the Contractor, or there is negligence on their part, the utilities shall be repaired at the Contractor’s expense. If the damaged utilities were not known or shown to the Contractor, and there is no negligence on their part, then they shall be repaired at Government expense.

23. EXISTING UTILITIES

23.1. All temporary outages of any utility services required for the performance of work shall be scheduled through the COR/Inspector no less than fourteen (14) calendar days in advance of such outages. The proposed schedule of outage shall include at a minimum: dates and duration of outages, type of service disrupted, and location of outage required. The Contractor may request waiver from this requirement from the COR when the utility outage shall be of a very limited nature (e.g., a small portion of a facility or site, single building, etc.).

23.2. If during work performance, the Contractor has determined that a utility-related situation involves risk to life or substantial risk to property, utilities shall be immediately disrupted to reduce the emergency and alleviate risk. If such a risk exists, or if such a disruption does occur, the

Contractor shall immediately (in no case more than one (1) hour following the occurrence) notify the KO and COR/Inspector verbally and follow it up in writing within four (4) working hours from occurrence.

23.3 The Contractor shall submit a written report, within five (5) working days, following each unscheduled utility outage. The report shall describe the cause, extent and duration of the outage, and list of corrective measures implemented.

23.4. Utilities included shall be indicated in the individual RTOP.

23.5. The Contractor shall plan his work to minimize all outages. The Contractor shall not be permitted to perform work requiring a utility outage during normal work hours without prior approval from the KO and/or COR/Inspector.

23.6 The Government shall make water and electric utilities available from existing connections, except for electric for temporary heat, available during the course of this contract. The Government shall furnish the utilities necessary at no cost to the Contractor for the sole purpose of performing this work. The Contractor shall carefully conserve all utilities.

23.7 The Contractor, at his/her expense and in a workman like manner, shall install and maintain all necessary temporary connections and distribution lines to perform work under this contract. The Contractor at the completion of this contract shall remove the temporary connection and distribution lines.

24. SECURITY PLANNING

24.1. General

24.1.1. All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the federal installation shall abide by all security instructions and directives of the Directorate of Emergency Services (DES), West Point, NY.

Employees are responsible for safeguarding all government property provided for contractor use.

24.1.2. At the close of each work period, government facilities, equipment, and materials shall be secured, lights, heat and water turned off and all doors and window secured.

24.1.3. The Contractor, as applicable, and subcontractor shall not employ persons for work on this contract if such employee is identified as a potential; threat to the health, safety, security, general well-being or operational mission of the installation and its population. The Contractor or subcontractor shall not employ persons under this contract who have an outstanding criminal warrant as identified during the Criminal Background Check.

24.1.4. Contractors shall ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Each employee shall be inputted into E- Verify and the results kept on file. Employees and subcontractors later found to be undocumented or illegal aliens shall be remanded to the proper authorities.

24.1.5. The Contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this contract. Furthermore, nothing in this clause shall excuse the Contractor from proceeding with the contract as required.

24.1.6. All contractors and subcontractors when working in a Controlled, Restricted or other sensitive areas must be escorted at all times. The military agency or unit responsible for the project or work is responsible for providing the escorts. The Contractor shall follow existing procedures and instructions for obtaining entrance to restricted or controlled areas.

24.1.7 The contractor shall supply identification badges, which shall be displayed by all contractor employees while working on the job site. The identification badge shall include the full name of each employee, the company name and the project title.

24.1.8 To enhance security coverage of the core Central Area of West Point, Contractor personnel entering the Mission Essential Vulnerable Area (MEVA) must obtain and wear a Government issued identification badge. The permanent MEVA is defined as the cadet mess hall and barracks area bounded by and including Pershing Barracks, Grant Barracks (minus Grant Hall), Lee Barracks, the access ramp at the South end of Lee Barracks, Sherman Barracks, Bradley Barracks, Washington Hall, Scott Barracks, MacArthur Barracks, Eisenhower Barracks, and that portion of The Plain southwest of diagonal walk. To obtain employee identification badges, refer to instructions found at the following website: http://www.usma.army.mil/pmo.

24.1.9 Employees shall not be allowed into the MEVA without their identification badge;

therefore, it is imperative that the badge process begin as soon as possible following contract award. The badges must be worn at all times. Failure to have appropriate identification visible while working in the MEVA is grounds for removal. Failure to complete this requirement and obtain badges shall not constitute an excusable delay in the performance of this contract.

24.1.10 Upon completion of the contract, each employee must turn-in their identification badge to the Contracting Officer. Should an employee leave prior to the contract expiration, they must turn-in their identification badge at that time. Any contract employee added after the initial startup must follow the same process to obtain a badge that is described herein. Failure to turn-in contractor identification badges (upon completion of contract or exit of employee) may result in a possible deduction from the final contract payment or administrative proceedings against the contractor or sub-contractors.

24.2. Background Checks

24.2.1. A favorable Criminal Background History (CBH) check must be completed for all contractors, subcontractors, and their employees prior to being granted access/entry onto the federal installations identified under this contract. CBH checks shall be considered current for a 24-month period from the date they were obtained, and valid for all contracts performed within the 24-month time period. Additionally, as the service and higher headquarters guidance becomes available, DES shall randomly select and conduct National Crime Information Center (NCIC) checks w/fingerprints and US Citizenship and Immigration Services (USCIS) checks on 100% of contractors, subcontractors, and their employees prior to issuing installation entry credentials. In the interim, local warrants and limited criminal history checks shall be conducted via Division of Criminal Investigations (DCI). NOTE: Contractors may request exceptions to these requirements and procedures through the contracting office. The installation commander or designated representative must approve all exceptions to these requirements.

24.2.2. There are multiple sources available that may be used to conduct CBH checks. These sources include city, county and state law enforcement agencies, and commercial vendors.

http://www.usma.army.mil/pmo

Contractors may choose any available source for conducting these checks as long as the check includes a statewide check of the individual’s criminal background history.

24.2.3. CBH checks shall, as a minimum, cover the individual’s places of residency for a 24-month time period prior to contract award. CBH checks are considered favorable if they do not contain any of the following eight disqualifiers:

(1) US citizenship, immigration status, or Social Security Account Number cannot be verified.

(2) Barred from entry/access to any military installation or facility.

(3) Wanted by federal or civil law enforcement authorities, regardless of offense/violation, (i.e., and “order to arrest” has been issued by a judge).

(4) Conviction of firearms or explosives violation within the past three years.

(5) Incarcerated for 12 months or longer within the past three years, regardless of offense/violation.

(6) Any conviction of espionage, sabotage, treason, terrorism, or murder.

(7) Conviction of sexual assault, armed assault/robbery, rape, child molestation, drug possession with intent to sell, or drug distribution within the past 10 years.

(8) Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity.

24.2.3.1. If any of the eight (8) disqualifying factors identified on a CBH check, the subject of the CBH check in question shall be denied access/entry to the installation.

24.2.3.2. EXCEPTION: CBH checks are not required for contractors, subcontractors, or their employees if they have a current, favorable government personnel security background investigation that is electronically available and verifiable through the Joint Personnel Adjudication System (JPAS).

24.3.4. Contractors shall brief all their employees on requirements for obtaining a CBH check.

They shall require them to execute and sign the consent form authorizing DES to conduct CBH or NCIC checks. In addition, they shall advise all perspective employees that they are subject to being randomly selected to undergo a DCI/NCIC check and fingerprint check, via FBI databases, a Social Security Administration (SSA) and US Citizenship and Immigration Service (USCIS) check.

NOTE: Contractors may obtain all CBH checks on him/herself, all subcontractors, and all employees, or each individual may obtain their own CBH check.

24.3.5. Contractors shall collect all CBH checks on themselves, subcontractors, and employees, and review them for disqualifying factors. If disqualifying factors are found, the prime contractor shall inform the employee that they shall not be allowed access/entry to the installation.

Additionally, contractors shall collect all signed consent forms for DCI/NCIC checks. Contractor shall provide all CBH checks on contract employees and subcontractor employees to the Contracting Officer prior to the commencement of work.

24.3.6. Contractors are responsible for providing written notification (within 5 days) to the Contracting Officer of any changes in personnel who require access/entry to the installation. This includes newly hired personnel and personnel who were discharged, quit, or contractors become aware of disqualifying factors after CBH, NCIC and USCIS checks were completed. NOTE: All requirements for the CBH, NCIC and USCIS checks must be completed on new hires prior to allowing them access/entry to the installation.

24.3.7. Contractors are responsible for retrieving government issued credentials and vehicle passes from employees no longer requiring access/entry to the installation (regardless of reason access/entry is no longer allowed) and returning them to the Government. Additionally, they are responsible for retrieving government issued credentials and vehicle passes from all employees and returning them to the badging office upon completion of a particular contract.

25. CONTRACTOR VEHICLES AND ACCESS TO GOVERNMENT INSTALLATIONS

25.1. General

25.1.1. Unless specifically stated elsewhere in the contract or RTOP, the Contractor shall provide all motor vehicles and any other transportation equipment required in the performance of this contract.

25.1.2. The motor vehicles shall meet all of the requirements of this contract and shall be subject to inspection and approval by the KO or their designee. In the rare event a COR/Inspector is not appointed, inspection and approval for vehicles may be conducted by any Government individual as authorized by the KO.

25.1.3. Delivery vehicles, etc., shall be granted entry to the installation upon presentation of a valid bill of lading and/or delivery slip. This document must have a delivery point and valid telephone number that is on West Point, NY. All contracting vehicles are required to enter through Stony Lonesome Access Control Point. Any exceptions must be approved by the West Point DES Physical Security Section. During increased Force Protection Conditions, this requirement could change and become more stringent. In such cases, it is imperative that you contact the KO for guidance on how to proceed.

25.1.4. When an employee is operating a company vehicle, the employee must show a copy of the vehicle registration and a notarized letter from the Contractor indicating the employee is the sole driver of the vehicle and is covered by insurance.

25.1.5. Contractor employees must have a current and valid driver’s license when operating a motor vehicle on the installation.

25.1.6. All vehicle passes shall be displayed in the windshield of the vehicle it was issued for.

25.2. Vehicle Registration and Installation Access

25.2.1. Contractors can only obtain DoD vehicle decals for their personal, privately owned vehicles, not company vehicles or vehicles registered to a specific company. The contractor shall comply with all applicable requirements of AR 190-5 and USMA, Motor Vehicle Traffic Regulation, in effect during performance of this contract. All privately owned vehicles of Contractor’s employees operated on the installation shall be registered within ten (10) working days by making application to the Directorate of Emergency Services (DES) Vehicle Registration Section on a DA Form 3626, VEHICLE REGISTRATION/DRIVER RECORD. Evidence of vehicle ownership and vehicle liability insurance must be presented upon application of vehicle registration. It is the responsibility of the Contractor to ensure compliance on the part of his employees with this requirement.

25.2.2. Vehicle registration, proof of insurance and a valid driver’s license must be presented for all vehicles while operating on the installation. All vehicles entering the installation or sensitive areas are subject to search. Any refusal or non-consent by an employee shall result in termination of their installation access and immediate confiscation of this access badge or pass.

25.2.3. During Force Protection Condition (FPCON) Normal and Alpha, personnel without installation issued passes or credentials must be sponsored onto the installation.

25.2.4. During FPCON Bravo, personnel without installation issued identification shall be physically escorted onto the installation.

25.2.5. During Higher FPCONs, (Charlie and Delta) the government installation shall curtail non-essential operations/functions; access by Non-Essential Contractors shall be suspended at the direction of the Installation Commander.

25.2.6. All vehicles are subject to a random inspection and the Government reserves the right to limit access. Be prepared and remain flexible for changes to entering the installation.

26. EMERGENCY USE OF GOVERNMENT HOSPITAL FACILITIES

26.1. Medical services for Contractor personnel are the responsibility of the Contractor. However, on an emergency basis, the Government shall provide medical services for job-related injuries while an employee is performing under this contract. Such emergency medical care shall be limited to those services necessary to prevent undue suffering or loss of life and shall be provided only during the period of the emergency. In such circumstances, action shall be taken by the Contractor to transfer employees of the Contractor to a health care provider as soon as the emergency period ends. Medical facilities are located at the Keller Army Community Hospital, Bldg. 900, West Point, NY. The Contractor shall reimburse the Government for emergency medical services provided upon receipt of invoice from the medical facility. In the event of an emergency, Contractor shall call “911” for assistance.

26.1.1. The Contractor shall also provide the Government hospital facility the name of a physician and/or hospital to which injured personnel can be transferred for further treatment and care after receiving any initial emergency treatment at the installation hospital. The civilian physician of the contractor’s employees shall provide all follow-on care after the initial emergency care.

26.2. Safety: All local state and Federal Occupational Safety and Health Administration (OSHA) standards are included into this contract in full force and effect. The most stringent of the standards shall apply.

26.2.1. The Contractor shall comply with AR 385-10 and with all West Point safety rules.

26.2.2. Contract activities shall be conducted in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public. Contractors must comply with the most stringent of applicable Federal, State, and local codes and standards, including safety and occupational health requirements, as well as any additional specific requirements invoked by the contract. Contractors are responsible for the safety and health of their employees and protection of the public at Contractor work sites.

26.2.3. Under the OSH Act, all employers must comply with OSHA standards and must exercise reasonable diligence to determine whether violations of those standards exist. On multiemployer work sites, more than one employer may be considered responsible for a hazardous condition that violates an OSHA standard.

26.2.4. Contractor mishaps shall be reported as outlined in Chapter 3 of AR 385-10 as well as DA Pam 385-40. In addition, the following shall be reported:

(1) Injury or occupational illness to on-duty contractors.

(2) Damage to Government Furnished Material (GFM), Government Furnished Property (GFP), or Government Furnished Equipment (GFE) provided to a contractor.

(3) Contractor accidents involving Army property and personnel.

26.2.5. Occupational Safety and Health Administration inspections: Army contractors operating from Army or privately owned facilities, located on or off Army installations, are "employers" as defined in 29 USC 651 and are subject to enforcement authority by Federal and State safety and health officials as stated in the following:

(1) Federal and State OSHA officials must be granted access to DOD contractor workplaces on DOD installations without delay and at reasonable times.

(2) 29 USC 651 does not authorize the Secretary of Labor to assert authority over working conditions for which another Federal agency or any State agency acting under 42 USC exercises statutory authority to prescribe or enforce standards or regulations affecting OSH.

(3) Pursuant to 33 USC 941, when contractor work is performed aboard vessels in dry dock or afloat within Federal maritime jurisdiction, Federal OSHA standards apply and inspections and investigations may be performed by Federal OSHA officials.

(4) Army contractors have the responsibility of responding to any…