W911SD-24-R-0120 SOLICITATION D.FINAL AMEND 0001 Post Wide Paving.pdf

W911SD24R0120

0012101015-0001

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

i. Fill in the soliciation close date

ii. Update clauses and clause information

iii. Revise Instructions and Evaluation Criteria

No other changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 149

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 31-Oct-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911SD24R0120

X 9B. DATED (SEE ITEM 11)

18-Oct-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Oct-2024

CODE

MICC - WEST POINT

681 ROGERS PLACE

WEST POINT NY 10996-1514

W911SD 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time 25-Nov-2024 12:00 PM has been added.

The performance payment bonds calendar days has increased by 5 from 10 to 15.

The required performance has changed from A. Contractor shall provide all labor, material, equipment, and supervision to provide maintenance and repair of Roads and Parking Areas at the United States Military Academy, West Point, NY for a base and four (4) one (1) option years as follows:Base Year: 10 December 2024 - 09 December 2025Option Year 1: 10 December 2025 - 09 December 2026Option Year 2: 10 December 2026 - 09 December 2027Option Year 3: 10 December 2027 - 09 December 2028Option Year 4: 10 December 2028 - 09 December 2029B. In accordance w ith FAR 36.204 and DFARS 236.204, the price magnitude is between $1,000,000.00 and $5,000,000.00 per year.C. This requirement is set aside for 100% small business.D. This is a single aw ard FFP construction contract, proposals are due by 25, November 2024, 1200 EST.E. The North American Classification System (NAICS) code for the project is 237310. The applicable small business size standard is $36.5 million. to A. Contractor shall provide all labor, material, equipment, and supervision to provide maintenance and repair of Roads and Parking Areas at the United States Military Academy, West Point, NY for a base and four (4) one (1) option years as follows:Base Year: 10 December 2024 - 09 December 2025Option Year 1: 10 December 2025 - 09 December 2026Option Year 2: 10 December 2026 - 09 December 2027Option Year 3:

10 December 2027 - 09 December 2028Option Year 4: 10 December 2028 - 09 December 2029B. In accordance with FAR 36.204 and DFARS 236.204, the price magnitude is between $1,000,000.00 and $5,000,000.00 per year.C. This requirement is set aside for 100% small business.D. This is a single award FFP construction contract, proposals are due by 25 November 2024, 1200 EST.E. The North American Classification System (NAICS) code for the project is 237310. The applicable small business size standard is $36.5 million..

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.216-9 Fixed Fee--Construction JUN 2011 52.216-22 Indefinite Quantity OCT 1995

The following have been modified:

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months..

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

___ None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \*\ Item 1:

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2:

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

The following have been deleted:

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

SOW

SCOPE OF WORK

1. SCOPE OF WORK:

1.1. The Contractor shall provide all personnel, management, materials, transportation, equipment and any other items and services not government furnished, necessary to perform the following tasks as ordered via task orders for Paving at various locations thrughout U.S. Military Academy (USMA), West Point, New York.

1.2. Contractor shall employ personnel trained and experienced in Paving.

1.3. HOURS OF OPERATION: The hours of operation are from 7:30 AM to 4:30 PM Monday through Friday. Should an emergency arise, the Contractor could be required to arrive earlier or stay later.

1.4. STAGING AREA: The Government will try to accommodate the contractor with staging areas for each task order as requested by the contractor. Contractors shall submit their request for a staging area within five (5) calendar days of task order award to the Contracting Officer Representative (also known as COR) for approval or denial. The Government will also attempt to provide a staging area location within 4 miles of construction site for contractor to set up his trailer for use as an office, shop, or storage area for supplies.

2. REQUEST FOR TASK ORDER PROPOSALS AND ISSUANCE OF TASK ORDERS:

2.1. When the Government has a work request, the Contracting Officer Representative (COR) at West Point will request a Cost Proposal from the contractor to include a scope of work by electronic mail. The cost proposal will include information concerning the statement of work, guide specifications, drawings, attachments, and information pertaining to the site visit.

2.2. Contractor attendance at site visits is considered vital to preparation of offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers. The Contractor shall not be reimbursed for attendance during negotiations, site visits, or other pre-Task Order award costs.

2.3. Contractor shall respond to cost proposal request within the number of calendar days stated in the cost proposal by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RTOP. Proposals will either be accepted as-is or negotiated to the mutual agreement of both the Government and the Contractor. Upon conclusion of satisfactory discussions or negotiations, a Task Order will be issued by the Contracting Officer reflecting the negotiated order price and performance requirements as outlined in the statement of work and specifications. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means.

2.4. Work under this contract will be ordered by written task orders issued on DD Form 1155 (Order for Supplies or Services) to the contractor by the Contracting Officer.

2.5. Each award because of this solicitation will cite an individual task order number. Task orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned task order number.

2.6. Task orders will be firm fixed price and clearly define the specific work to be conducted or the performance required. Each task order may contain additional, site or project-specific, provisions. Any additional provisions shall be a part of the task order request for proposal.

3. WORKING CONDITIONS

3.1. 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 1130 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 Contracting Officer Representative. In addition, the following requirements shall apply to all contractor's activities in connection with these ceremonies.

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

3.1.2. 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.

3.1.3. Sallyports and other access ways shall be fully usable. The Corps of

Cadets will actively use the sallyports.

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

4. SCHEDULES FOR CONSTRUCTION CONTRACTS:

4.1. The Contractor shall, within fourteen days of receipt of delivery order, prepare and submit to the Contracting Officer Representative (COR) for approval three (3) copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment).

The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the COR may withhold approval of progress payments until the Contractor submits the required schedule. This requirement will be on a required basis as determined by the COR.

4.2. If the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the COR, without additional cost to the Government In this circumstance, the COR may require the Contractor to increase the number of shifts, overtime operations, days of work, and to submit for approval any supplementary schedule or schedules in chart form as the COR deems necessary to demonstrate how the approved rate of progress will be regained.

4.3. Determination of any after normal duty hours work will be determined at the site visit. Contractor may be required to work after normal working hours, from 6:00 pm – 2:00am to ensure there’s no traffic or workforce interruptions.

5. ARTIFACTS, PRESERVATION & PROTECTION OF HISTORICAL,

ARCHAEOLOGICAL AND CULTURAL RESOURCES:

5.1. All items of prehistoric, historic, and military relics or memorabilia, which may be discovered during 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, and 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 because 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.

5.2. 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.

6. SUBMITTAL PROCESS:

6. 1. See Technical Specifications, Section 1305.

7. SUBMITTAL PROCEDURE:

7.1. See Technical Specifications, Section 01305.

8. GOVERNMENT FURNISHED PROPERTY:

8.1. The Government will not furnish the Contractor with any

equipment or property for installation.

9. SALVAGE:

9.1. Items to be salvaged shall be removed carefully and reused in locations indicated on plans and specifications.

9.2. No parking is allowed within or adjacent to the project area. All vehicles can be parked in the Buffalo Soldier and H-Lot.

10. HOUSEKEEPING:

10.1. The Contractor shall take into full account the special Public, Military and

Academic nature of the United S t a t e s Military Academy and its prominence as a tourist attraction, all of which will be in operation during the course of this construction. Where materials or plants cannot be kept on the designated site area in neat, clean, and orderly fashion, and thereby because an unnecessary eyesore, they shall be moved to other locations, on or off Government property, as directed by the Contracting Officer. The Contractor shall, always, furnish from his own organization a sufficient force to carry out the housekeeping and cleanup requirements on both exterior and interior areas affected by his contract operations, on a day-to-day basis throughout the life of the contract. On Fridays before the home football game, the Contractor shall either temporarily backfill all excavations or plate them. Roadway excavations shall be backfilled or plated such that vehicular traffic may transverse the area.

10.2. The Contractor shall provide and maintain a dumpster of sufficient size at each project site. The dumpster shall be replaced at regular intervals to avoid overfilling and spillage and the area around the dumpster shall be always kept clean.

10.3. If at any time during the progress of the work the COR determines that the

Contractor is failing to comply with the requirements of the subparagraph 10.2 above, he/she may direct the contractor to take such measures necessary to constitute corrective action at no cost to the government. Such measures may include the requirement to increase the work force assigned to the housekeeping and cleanup operations or work overtime during evenings or weekends until proper job conditions have been restored.

11. DISPENSARY AND HOSPITAL FACILITIES:

11.1. The facilities of the United States Military Academy Post Hospital are available for use by the Contractor only for the emergency treatment of his personnel injured at the job site. Charges to the Contractor for the use of said facilities will be at prevailing rates for the services provided and billing and payment will be made by separate transaction between the USMA Hospital and the Contractor.

12. TOILET FACILITIES:

12.1. Portable toilets shall be located as directed by the Contracting Officer's

Representative. Upon completion of contract, all temporary toilet facilities shall be removed and any damage to the areas rectified.

13. IDENTIFICATION:

13.1. The Contractor shall supply identification badges, which shall be worn by all the Contractor's personnel while working at the USMA. The badges shall be visible and contain the contractor's name, employee's name and contract number and project description.

14. DISPOSAL AND BURNING:

14.1. Construction debris and other rubbish shall be disposed of, off the Military

Reservation in accordance with local, State and Federal laws and regulations.

Burning of rubbish or site removal items will not be permitted. Scrap, debris, and surplus construction materials are not to be disposed of in the "Post Sanitary Disposal Containers" (Dumpsters), which are distributed throughout the area, but must be loaded in the Contractor's dumpsters for disposal at a location other than the United States Military Academy.

15. PROTECTION OF BUILDING AND CONTENTS:

15.1. Any damage to existing structures and contents caused by the neglect of the Contractor, shall be repaired, restored, or replaced promptly by and at the expense of the Contractor. As a precaution to protect the contents of buildings, the Contractor is required to secure the work area at the end of the workday, using an approved means, which shall be submitted to the Contracting Officer Representative for approval prior to work.

16. RECORD DRAWINGS:

16.1. During the progress of the job, the Contractor shall keep a careful record at jobsite of all changes and corrections from the layouts shown on the drawings.

The Contractor shall enter such changes and corrections on contract drawings promptly, but in no case later than on a weekly basis. The record drawings shall indicate, in addition to all changes and corrections, the actual location of all lines. In order that the location of these lines 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. Record drawings will be on an as required basis, by the Contracting Officer Representative on approximately 10 % of all delivery orders. At the time of job completion, the Contractor shall submit to the Chief, Engineering Support Services Branch for acceptance and retention, as-built prints showing the data.

17. RESERVED

18. COORDINATION:

18.1. It shall be the responsibility of the prime Contractor to be fully informed of the extent of the limits of work to be performed by his sub-contractors. The prime Contractor shall coordinate and be responsible for all coordination of various trades and work.

18.2. In addition, all work shall be coordinated with the Contracting Officer

Representative for multiple projects in the vicinity of work. The Contractor shall cooperate with the coordination efforts.

19. ENVIRONMENTAL RESPONSIBILITY:

19.1. USMA is committed to a safe environment and take our steward role as defenders of the National Treasure and Hudson Watershed (Constitution Area) seriously. Contractors are expected to comply with all environmental requirements. Immediate actions shall be taken by the Contractor to minimize the effect of any environmental associated incidents (e.g. oil spillage, hazardous waste handling, lead abatement removal, and chemical spillage).

Clean up shall be performed by the contractor in accordance with all-applicable Federal, State, and local laws and regulations.

19.2. CONTRACTOR REPORTING REQUIREMENTS: If an incident occurs on the installation pursuant to Contractor performance, whether or not caused by the Contractor, the Contractor shall immediately notify (no later than 15 minutes) USMA Environmental Management Office at 938-3224/5263, 4129, or 5175, and the Contracting Officer Representative. If a project related incident occurs off the installation, the Contractor shall report it to the National Response Center (NRC), the Installation Coordinator, and the Contracting Officer Representative immediately following discovery and shall also comply with applicable State requirements including reporting to the New York State DEC Spill Hotline at 800-457-7362, and USTNRC at 800-424-8802. When an incident is reported by phone to any of the above agencies, the Contractor shall provide the following information:

19.2.1. Description of Incident

19.2.2. Time and Location of incident

19.2.3. Any injuries incurred.

19.2.4. Estimated quantity of materials (tons, gallons, drums, etc.) involved in incident.

19.2.5. Whether the incident has reached any storm drains, sanitary sewers, ponds, or waterways.

19.2.6. Containment procedures already initiated (brief description of containment, i.e. booms, pads, embankments, sandbags).

4’

19.2.7. The Contractor’s Point of contract.

19.3. A written follow-up report shall be submitted to the Contracting Officer no later than five (5) calendar days after the initial incident. The written report shall be in a narrative form and as a minimum include the following:

19.3.1. Description of the material involved (including identifies, quantity, and manifest number).

19.3.2. What time the incident was reported, and to whom it was reported.

19.3.3. Exact Location of the incident, including description of the area involved.

19.3.4. Cause of incident and equipment and personnel involved.

19.3.5. Injuries or property damage of incident.

19.3.6. Containment procedures initiated.

19.3.7. Summary of any communications Contractor has with press, agencies, or Government officials other than the COR.

19.3.8. Description of cleanup procedures employed or to be employed at the site, including disposal location of incident materials.

19.4. A follow-up meeting will be held within 5 calendar days after receipt of the written report to discuss after action procedures to eliminate or prevent this type of incident in the future. The Contractor shall attend the follow-up meeting.

19.5. The reporting requirement is in addition to any other environmental related actions, notices, reports, certifications, or compliances required by other contract clauses or provisions or by federal, state, or local law.

19.6. EPA OR DEC INSPECTION: The Contractor shall immediately inform the Environmental Management Division (EMD), Directorate of Engineering and Housing, USMA THROUGH the Contracting Officer or the Contracting Officer's Representative when the United States Environmental Protection Agency (EPA) and/or the New York State Department of Environmental Conservation (DEC) inspector visits the site for an official inspection.

20. PROJECT SIGN:

20.1. The Contractor shall furnish and erect a project sign at a location directed by the

COR. The castle and helmet logo to be used on the sign will be Government furnished. The Contractor will be given this logo at the time of the pre-construction conference and shall position the logos on the sign in accordance with the sample sign drawing in Figure 1. The decal shall receive a thin coat of clear spar varnish after application. The Contractor shall maintain the sign in good condition throughout the construction period. Upon completion of the project, the Contractor shall remove the sign from the worksite.

1.1. SIGN MATERIALS:

1.2. Post 4” x 4”; ¾” exterior plywood, 4’0” x 6’0” – 2” x 2” framing with mitered corners. Framing to enclose edges of plywood and be installed flush on back side and projecting in front. Outside white, house paint – 2 coats; both sides and edges; colors in oil for lettering – lamp black; lettering shall be black.

1.3. LETTER SIZES:

LETTER HEIGHT STROKE

USMA 3” 3/8”

Directorate of Public Works 2” ¼” Project Title 2½” ¼” West Point 2” ¼”

Contractor and A/E 1½” 3/16” Name of Contractor and A/E 1½”

3/16” QUALITY

2. CONTROL SUPERVISOR

2.1. The Contractor shall employ a Quality Control Supervisor who shall be in attendance at the project site at all times, during performance of the work. The Quality Control Supervisor and the Construction Superintendent shall not be the same person.

3. CONTRACTOR QUALITY CONTROL:

3.1. The Contractor shall provide and maintain an effective quality control program that complies with contract clause of the contract entitled "Inspection of Construction."

3.2. The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his sub-contractors, to ensure conformance to applicable specifications and drawings with respect to the materials, workmanship, construction, finish, functional performance, and identification. This control will be established for all construction except where the Technical Provisions of the contract provide for specific Government control by inspections, tests, or other means. The Contractor's control system will specifically include the surveillance and tests required in the Technical Provisions of the contract specifications. For purposes of the above description, shop manufacture of standard products is not defined as construction.

3.3. The Contractor's quality control system is how he assures himself that his construction complies with the requirements to cover all construction operations, including both on-site and off-site fabrication and will be keyed to the proposed construction sequence and shall include as a minimum at least three phases of inspection for all definable items or segments of work, as follows:

3.4. Preparatory Inspection: To be performed prior to beginning any work on any definable segment of work.

To include a review of contract requirements; a check to assure that all new materials and/or equipment have been tested, submitted and approved; a check to assure that provisions have been made to provide required control testing; examination of the work area to ascertain that all preliminary work had been completed; and a physical examination of materials and equipment to assure that they conform to approved shop drawings or submittal data and that all materials and/or equipment are on hand.

3.5. Initial Inspection: To be performed as soon as a representative segment of the item of work has been accomplished and to include examination of the quality of workmanship and a review of control testing for compliance with contract requirements, use of defective or damaged materials, omissions, and dimensional requirements.

3.6. Follow-Up Inspection: To be performed daily or as frequently as necessary to assure continuing compliance with contract requirements, including control testing, until completion of the segment of work.

3.7. The Contractor shall maintain current records of all inspections and tests performed. These records should provide factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, cause for rejection, etc.; proposed remedial action; and corrective actions taken. The Contractor shall not build upon or conceal any feature of the work containing uncorrected defects, and payment on deficient items will be withheld until they are satisfactorily corrected, or other action has been taken as authorized, pursuant to the contract clause entitled "INSPECTION OF CONSTRUCTION". These records must cover both conforming and defective items and must include signed statements verifying that the designated person in the Contractor's quality control organization has personally checked the materials, methods and workmanship installed on that day.

3.8. The Contractor shall furnish the Chief, Engineering Support Services Branch, within fifteen (15) days of award, an original and four (4) copies of a quality control plan which shall include the personnel, procedures, instructions, and records to be used.

3.8.1. Three (3) copies of the New York State Department of Transportation Standard

Specifications, January 2002 addition.

22.8.2. The quality control organization.

22.8.3. Qualifications of personnel to be used for this purpose.

22.8.4. Authority and specific areas of responsibilities of each of the quality control personnel.

22.8.5. Methods of performing quality control inspections including that for his sub-contractors' work.

Mechanical and electrical testing procedures shall be described in quality control plan in detail and approved prior to performing actual work. Where technical specifications require recording of test data, a proposed test log including planned duration of tests, readings to be taken, and instrumentation to be used, will be made a part of the Quality Control Program.

Tests of air conditioning systems, boilers, chillers, and the like would be covered as described above.

22.8.6. The Contractor's Quality Control Plan shall include a sub plan titled "Testing Plan". The Testing

Plan shall include the following:

22.9. Designate how testing will be performed either by technical employee, by the Contractor or an industry recognized testing laboratory.

22.9.1. Name and qualifications of each employee designated for the performance of specific types of tests.

22.9.2. A list of the control tests to be performed, not only by name, but also by numerical designation, section of specifications, feature of work and frequency of testing. A statement to the effect that the laboratory has a copy of each such procedure and has facilities and serviceable testing equipment to perform tests conforming thereto.

22.9.3. His understanding of the procedure to be followed should his test results indicate lack of compliance with the specification requirement.

22.9.4. Method of documenting quality control operation, inspection, and testing. A copy of proposed daily record form shall be made a part of the submittal.

22.10. A copy of a letter of direction to the Contractor's representative responsible for quality control, outlining his duties and responsibilities and signed by a responsible officer of the firm.

22.10.1. Before Construction operations are commenced, the Contractor shall meet with the Contracting Officer or his representative and discuss his quality control plan. The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the system, and the interrelationship of Contractor and Government inspection.

22.10.2. Unless specifically authorized by the Contracting Officer, no construction and/or off-site fabrication shall be started until the Contractor's quality control plan is approved.

Construction of any feature of work will only be permitted after approval of the quality control plan, or at least approval of that portion of the plan applicable under this contract until the quality control program has been approved by the Government. The Contractor shall notify the Contracting Officer or his representative in writing of any proposed change to this inspection system; the Contracting Officer or his authorized representative shall implement no such change prior to approval in writing.

22.10.3. If recurring deficiencies in an Item or Items indicate that the quality control system is not adequate, such corrective actions shall be taken as directed by the Contracting Officer.

22.10.4. The Contractor agrees to insert the substance of this clause, including this paragraph

22.10.4, in all subcontracts hereunder.

22.10.4.1. A copy of these records and corrective tests, as well as the records of corrective action taken, shall be furnished to the Government as directed by the Contracting Officer.

23. CERTIFICATES OF COMPLIANCE:

23.1. Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 4 copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements. (ECI 7-670-3).

24. IMPLEMENTING GUARANTEES:

24.1. At any time, after the acceptance by the Government of a completed installation under this contract, which installation is required to be covered by a specific guarantee under terms of the various sections in the TECHNICAL SPECIFICATIONS, the Contracting Officer will be an authorized party for the purpose of implementing the provisions of such guarantees on behalf of the Government.

25. SAFETY:

25.1. In performing this contract, the Contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoiding work interruptions. For these purposes, the Contractor shall--

25.1.1. Provide appropriate safety barricades, signs, signal lights, and safety fencing as determined by the

COR.

25.1.2. Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken. All work done on USMA reservation shall be performed in a safe manner, that is, in compliance with Corp of Engineer, Federal, State, and local safety laws and regulations.

25.2. To ensure this is accomplished, within 14 days of award, 4 copies of an acceptable accident prevention plan, written by the contractor for the specific work and implementing in detail pertinent requirements of US Corp of Engineers Safety and Health Requirements Manual EM 385 1-1 and shall be forwarded in accordance with Technical Specifications, Section 01305 to: Chief, Engineering, Plans & Services Division (DPW), ATTN: Chief, Engineering Support Services Branch, Bldg. 667A, USMA, West Point, NY 10996..