20180613_W911SD-18-B-0001.pdf

a. Title: West Point Military Academy Directorate of Public Works (DPW), Multiple Aw ard Indefinite Delivery/Indefinite Quantity (MAIDIQ).

b. The Government intends to use the tw o-step process to aw ard a MAIDIQ contract to provide a broad range of maintenance, repair, and minor new construction w ork as w ell as design-build projects on real property to support the Directorate of Public Works (DPW) at U.S.

Military Academy West Point and at Stew art Army Sub Post New Windsor, NY.

c. The guaranteed minimum amount is $2,500 for the entire life of the MAIDIQ.

d. This project is set-aside for Competitive 8(a) in New York and New Jersey District Offices and bona fide place of business w ithin the geographical boundaries. The Government w ill be issuing an Invitation for Bid (IFB) and w ill using the tw o-step sealed bidding procedures.

e. The Pre-proposal conference is 19 Jun 2018, 0900 AM local the MICC office at West Point 681 Hardee Place, 1st Floor Conference Room, West Point NY 10996-1514. The North American Industry Classif ication System (NAICS) code is 236220. Commercial and Institutional Building.

The seed project-identif ied in the solicitation w ill be aw arded, at completion of the procurement process.

X

OSCAR M. CLARK 757-501-7937

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

26-Jun-2018

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 of fers are due.

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

MICC - WEST POINT

681 HARDEE PLACE

WEST POINT NY 10996-1514

W911SD

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

W911SD-18-B-0001 74

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

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot Maintenance/Repair/Construction

FFP

Provide all labor, material, equipment, expertise, and supervision necessary for various maintenance, repair and construction task orders for the U.S. Military Academy, West Point, NY. All construction, repairs and renovations shall be accomplished in accordance with the attached statement of work, drawings, plans and specifications provided with each task order.

FOB: Destination

SIGNAL CODE: A

PSC CD: Z1QA

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-AUG-2018 TO

21-AUG-2023

N/A SEE SCHEDULE (W16BCU)

CAITLIN FLAHERTY

SEE INSTRUCTIONS

WEST POINT NY 10996

845-938-7653 FOB: Destination

W16BCU

SOW

West Point Directorate of Public Works (DPW) Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ)

Statement of Work (SOW) 12 June 2018

1. PURPOSE AND SCOPE

1.1 This Multiple Award Indefinite Delivery/Indefinite Quantity (MAIDIQ) contract is used for aa 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 being between $750,000 and $5,000,000. 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.

1.3.1 Artifacts, Preservation & Protection of Historical, Archaeological and Cultural Resources: Any and all items of prehistoric, historic and military relics or memorabilia, which may be discovered in the course of the construction activities, shall remain the property of the Government. Examples of such items include but are not limited to:

printed matter or other papers, buttons, buckles, or fragments of uniforms, buried weapons, bayonets, sabers, cannon balls, ammunition, fragments of structures or foundations, in short any item of historical or archaeological value.

Federal legislation provides for the protection, preservation and collection of scientific, pre-historical, historical and archaeological data, including relics and specimens which might otherwise be lost due to alteration of terrain or building features as a result of any federal construction project. Any person who, without permission, injures, destroys, excavates, appropriates or removes any historical or pre-historical artifact, object of antiquity or archaeological resource from public lands of the United States is subject to arrest and penalty of law.

Cultural resources on Federal property are protected and managed by the Archaeological Resources Protection Act of 1979 and other applicable laws. The Contractor shall exercise care so as not to disturb or damage artifacts or fossils (should any be uncovered) during the excavation operations. Should the Contractor or any parties operating or associated with the performance of this contract discover evidence of possible scientific, prehistoric, historic or archaeological finds within the work limit lines or adjacent to work area shall immediately cease work at that location and notify the Contracting Officer, in accordance with USMA SOP 16-1. The Contractor shall provide the Contracting Officer with all information as to the specific location and nature of the findings. USMA SOP 16.1 will be furnished to the Contractor at the pre-construction meeting. The Contractor shall cooperate fully with the Contracting Officer in implementing the procedures of USMA SOP 16.1, except that all notifications by the Contractor shall be to the Contracting Officer and that all directions to the Contractor will be from the Contracting Officer. Where appropriate by reason of discovery, the contracting officer may order delays in time of performance or changes in the work or both. If such delays or changes are ordered, an equitable adjustment will be made in the contract in accordance with the applicable clauses of the contract.

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 on which no physical work shall be performed. These days will be at the Government’s discretion. The actual “No- Work” days 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 11:30 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 CORCOR 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 PERSONNELPERSONNEL

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.

9.33 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.

9.44 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 Mission Essential Vulnerable A (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, employees 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 Criminal Background H (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. 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.