Construction_MATOC_SOW.pdf

DESCRIPTION AND SPECIFICATIONS

Statement of Work (SOW)

C.1. PURPOSE AND SCOPE

1.1. This Multiple Award Task Order Contract (MATOC) is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract for a broad range of maintenance, repair, and alteration projects. Inclusive are maintenance, repair, remodeling, renovation and minor new construction which may include incidental design services. Both Design-Bid-Build (from here on referenced as construction) and Design-Build (design and construction) type projects may be performed under this contract. Design-Bid-Build (Construction) is defined as the traditional delivery method for construction projects where design and construction are sequential and contracted for separately with two contracts and two contractors. The drawings and specifications created under an initial Architect/Engineer contract are used as the bid documents in the following construction contract. Whereas, Design-Build combines the architectural, engineering, and construction services required for a project into a single contractual agreement. Under such an agreement, the Government contracts with a single entity; the contractor providing the end product is responsible for both design and construction.

1.1.1. Bids or proposals to complete an individual project will be requested by issuance of a Request for Task Order Response (RTORs). Resulting awards will be issued as Task Order’s (TOs). The Contractor shall have an office located within 150 mile radius to Fort Benning, Georgia. All work will be performed on real property located in facilities assigned to Fort Benning, Georgia, the Army Ranger Facility at Camp Frank D. Merrill, Dahlonega, Georgia, Camp James E. Rudder at Eglin Air Force Base and the Directorate of Family Morale, Welfare and Recreation (DFMWR) Recreation Center in Destin, Florida.

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

1.3. The TOs will vary in size ranging from $2,000.00 to approximately $5,000,000.00 with most anticipated to be between $25,000.00 to $5,000,000.00. Majority of the work will be performed on administrative, recreational, billeting, workshops, and maintenance and training facilities. Projects to include tasks in a variety of trades such as carpentry, roofing, excavation, interior work (to include remodeling and interior modifications), electrical work, steam fittings, plumbing, sheet metal, painting, demolition, concrete masonry, welding, mechanical, landscaping, and other general construction work.

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

1.4.1. The MATOC 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, and that work is executed in a careful and orderly manner by workmen skilled in their respective trades. All applicable codes, laws, and regulatory requirements shall be adhered to while performing work under this contract.

C.2. WORK BY THE GOVERNMENT. 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 will not breach or otherwise violate this contract.

C.3. PLACE OF PERFORMANCE

Construction work performed under this MATOC will be at Fort Benning, GA, which is located southeast of the city of Columbus, in Muscogee and Chattahoochee counties, GA, and Russell County, AL. Work will also be performed at the Army Ranger Facility which is located at Camp Frank D. Merrill, Dahlonega, Georgia, Camp James E. Rudder at Eglin Air Force Base and the Directorate of Family Moral, Welfare and Recreation (DFMWR) Recreation Center in Destin, FL. All locations are easily accessible by rail and public highways.

C.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) 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 RTOR.

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

New Year’s Day, 1 January Martin Luther King’s Birthday, Third Monday in January President’s Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, 4 July Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, 11 November Thanksgiving Day, Fourth Thursday in November Christmas Day, 25 December

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

Holidays falling on a Sunday will be observed on the following Monday. The normal hours of work on the previously identified federal installations are from 8:00 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 will not be allowed during other than the normal work hours specified above.

C.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 which 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.

C.6. PROGRAM MANAGEMENT

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 be available within 2 hours to meet on-site with Government personnel.

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. 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.

C.7. PROGRESS SCHEDULE. The Contractor shall submit within five days after receipt of the TO, 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 in 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.

C.7.1 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.

C.8. PROGRESS MEETINGS. Contractor interface with the Government will be on a continual basis, and periodic meetings are expected to discuss the progress and quality of work being performed. The Contractor’s representative (i.e., Project Site-Superintendent) shall be available to meet with the KO and/or Contracting Officer’s Representative (COR)/ Inspector at the job site, or other designated site, to discuss work progress. Meetings will be scheduled by the KO and/or COR/Inspector with timely notification to the Contractor. At the progress meetings, the Contractor shall demonstrate work progress utilizing the government approved Construction Schedule.

C.9. RECORD AND AS-BUILT DRAWINGS:

9.1. . Definitions

9.1.1. Record Drawings. Are identified as the Government’s most recent as-built drawings of existing facilities.

9.1.2. As-Builts. Final drawings that are submitted by the contractor upon completion of the project and prior to final payment.

9.2. 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 will 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 will 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 disk in Micro Station (V8) or AutoCAD format of the as-built drawings. All final drawings shall be to scale as indicated on drawings.

C.10. CONSTRUCTION SITE STANDARDS. The Contractor is reminded that 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.

C.11. AVAILABILITY OF WORK SITE

11.1. The Contractor shall coordinate the work so as to allow minimum inconvenience to the Government.

11.2. If deviation from official contract work hours is required; the Contractor shall submit a written request to deviate from official work hours three (3) working 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 will be done

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

5) Indicate that the work will or will not have any adverse affect on daily government activity

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

C.12. CONSTRUCTION SITE MAINTENANCE. The Contractor shall store all supplies and equipment on project site so as 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.

C.13. WORK IN SPECIAL SECURITY AREAS. The Government shall provide all escorts if contractor accesses to security areas, while working on construction projects, is required.

C.14. SUB-CONTRACTS. MATOC 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.

C.15. TEMPORARY STORAGE FACILITIES

15.1. The location for exterior stock piling (laydown yard) of materials shall be indicated in the RTOR. 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.

C.16. ON-SITE OFFICE TRAILERS. 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 an unsightly condition 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.

C.17. 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.

17.2. Availability and size of the material laydown yard shall be restricted as noted on the RTOR 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 so as 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/

17.4. Government 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.

C.18. SITE ACCESS. 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.

C.19. PARKING. Contractor or employees shall not park any privately owned vehicle (POV) or company and/or delivery vehicle on grassy areas near or in the construction site without prior approval from the KO. When allowed, parking on grassy areas will only be for short-term delivery purposes (to include heavy tools, equipment, construction materials, etc.). Use designated hard surfaces or existing parking lots near or within the project site for parking of POVs or company and/or delivery vehicles. 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 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.

C.20. EXCAVATIONS REQUIREMENTS

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

20.1.1. The Contractor shall have a completed and approved Directorate of Public Works Excavation Permit in their possession prior to any excavation, to include sign or fence-post holes. All land disturbance shall comply with the Fort Benning Form 144-R, Record of Environmental Consideration or as indicated in the RTOR.

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

20.2.1. The Contractor shall contact “811,” the Utility Protection Agency, and obtain a ticket number receipt to locate utility lines at least 72 hours prior to any excavation or as indicated in the RTOR.

20.2.2. The Contractor shall contact the Fort Benning Directorate of Public Works, (706) 545- 7264, with the Utilities Protection Center (UPC) ticket number.

20.3. 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.

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

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

C.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. The Contractor shall 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).

C.22. DAMAGE TO UTILITIES

22.1. In the event of a contractor-caused utility failure/disruption, the Contractor will first make the area safe, then immediately contact DPW Emergency Maintenance Division, (706) 545-2135, the KO, and the COR/Government 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.

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 will be repaired at Government expense.

C.23. EXISTING UTILITIES

23.1. All temporary outages of any utility services required for the performance of work shall be scheduled through the COR/Government Inspector no less than ten (10) 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/Government Inspector when the utility outage will 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/Government Inspector verbally and follow it up in writing within four (4) working hours from occurrence.

23.3. Utilities included shall be indicated in the individual RTOR.

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

C.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), Ft. Benning, GA. Employees are responsible for safeguarding all government property provided for contractor use.

24.1.2. At the close for 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 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, nor shall the Contractor or subcontractor 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. Employees and subcontractors determined to be undocumented or illegal aliens will be referred 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 clause. 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.

24.2. Badging and Identification (ID) Policy

24.2.1. For identification and security purposes, contractor employees shall wear badges at all times, when performing work under this contract. Additional contractor personnel identification is neither required nor recommended.

24.3. Background Checks

24.3.1. A favorable Criminal Background History (CBH) check will 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 will 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 will 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 will 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.

24.3.2. 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.

24.3.3. CBH checks will, 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.

24.3.3.1. If any of the eight disqualifying factors are identified on a CBH check, the subject of the CBH check in question will be denied access/entry to the installation.

24.3.3.2. 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 will brief all their employees on requirements for obtaining a CBH check. They shall require them to execute and sign the consent form authorizing DES to conduct CBH or NCIC checks. In addition, they will advise all perspective employees that they are subject to being randomly selected to undergo a DCI/NCIC check and fingerprint check, via FBI databases, a Social Security Administration (SSA) and US Citizenship and Immigration Service (USCIS) check. NOTE: Contractors may obtain CBH checks on, their employees and subcontractor employees, or each individual may obtain his/her own CBH check.

24.3.5. Contractors will collect CBH checks on their employees and on their subcontractor(s) employees, and review them for disqualifying factors. If disqualifying factors are found, the prime contractor will inform the employee that he/she not be allowed access/entry to the installation. Additionally, contractors will collect all signed consent forms for DCI/NCIC checks. Contractor shall provide all CBH checks on contract employees and subcontractor employees to the Contracting Officer prior to the commencement of work.

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

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

C.25. CONTRACTOR VEHICLES AND ACCESS TO GOVERNMENT INSTALLATIONS

25.1. General:

Effective 1 October 2014, all personnel requiring access to the installation shall possess either a Common Access Card (CAC), Military ID or Individual temporary pass issued by the Fort Benning Directorate of Emergency Services (DES) pursuant to Army Directive 2014-05, Policy and Implementation Procedures for Common Access Card Credentialing and Installation Access for Un-cleared Contractors.

Common Access Card (CAC): All contractors requiring access to the installation on a recurring basis for a period of 6 months or more, shall receive a CAC. CACs are issued through the Contractor Verification System (CVS) program. Issuance of a CAC requires a favorable Federal Bureau of Investigation (FBI) fingerprint check, successful submission of a National Agency Check with Inquiries (NACI) (equivalent or higher) background investigation to the Army’s investigative service provider and a favorably adjudicated NACI (equivalent or higher) investigation from a Federal department or agency will be accepted. To avoid delays in gaining required access to the installation, all contractors eligible for a CAC are encouraged to contact their Contracting Officer Representative (COR) to begin the process to obtain CACs as soon as possible.

Long term, unescorted access: Contractors, sub-contractors and vendors requiring physical access to the installation for longer than 24 hours and less than 6 months, but do not require logical access to a DOD computer network, are not eligible for a CAC. These contractors will have a government employee sponsor who will provide the contractual agreement with a cover memorandum signed by a either the Contracting Officer or COR affirming the need for long term, unescorted access. The expiration date of the access will be the end of the contract or visit, or the expiration date of the sponsor’s credential, whichever comes first. Sub-contractors will be bound by the same requirement.

Military ID: Military ID cards for retirees, reservists and dependents is for non contractor use. All contractors and sub-contractors possessing a valid Military ID and requiring access to the installation on a recurring basis for a period of 6 months or more shall be required to obtain a CAC.

Individual Temporary Pass: All contractors and sub-contractors who do not possess a CAC or valid Military ID shall report to the Visitors Center located at I-185/Lindsey Parkway to obtain an Individual temporary pass. A temporary pass will ONLY be issued to persons who produce a valid current government ID with a picture and are able to pass a NCIC Interstate Identification Index check and local exclusion roster.

Acceptable forms of ID are:

1. Valid current State Driver’s license that is for driving AND identification. Drivers Licenses issued by states for driving and not identification will not be accepted.

2. State identification card

3. Passport (Foreign Passports must show point of entry stamp).

During a pre-work conference, the Contractor shall provide the COR a list of all contract and sub-contract employees who require a CAC and/or a temporary pass. The COR will coordinate with the DES for temporary passes not to exceed 6 months for contract employees not possessing a current CAC or military ID. The COR will initiate and coordinate the process for obtaining Contractor CACs. The contractor shall coordinate with the COR for return of CAC at the end of the contract or the end of the individual employee’s tenure, whichever comes first. The contractor shall also coordinate with the COR for new or replacement CACs or temporary, long term unescorted passes as required.

Failure to receive a CAC may result in the contractor personnel being denied admission to the installation. Failure to receive a temporary pass will result in the contractor personnel being denied admission to the installation.

For additional information, see:

Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors located at http://www.dhs.gov/homeland-security- presidential-directive- 12#1 Army Regulation (AR) 190-13, the Army Physical Security Program located at http://www.fas.org/irp/doddir/army/ar190-13.pdf Army Directive 2011-08, Army Implementation of Homeland Security Presidential Directive -12 located at http://armypubs.army.mil/epubs/pdf/ad2011_08.pdf

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

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

25.1.3. Delivery vehicles, etc., will be granted entry to the installation upon presentation of a valid bill of lading and/or delivery slip. This document must have a delivery point that is on Fort Benning and/or Camp Merrill and an installation point of contact with a phone number. During increased Force Protection Conditions this requirement could change and become more stringent. In such cases, it is imperative that you contact the KO for guidance on how to proceed.

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

25.1.5. If an employee intends to operate a personal vehicle on the government installation, they must register their vehicle at the Visitor Center located at the ACP #1, Benning Blvd. gate entrance. Proof of insurance, a copy of the vehicle registration, and contractor badge will be required to obtain the vehicle pass.

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

25.1.7. All vehicle passes will be displayed in the windshield of the vehicle it was issued for.

25.2. Vehicle Registration and Installation Access

25.2.1. The contractor shall comply will all applicable requirements of Fort Benning USAIC Regulation No. 190-5, Motor Vehicle Traffic Regulation, in effect during performance of this contract. It is the responsibility of the Contractor to ensure compliance on the part of its employees with this requirement.

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

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

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

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

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

C.26. EMERGENCY USE OF GOVERNMENT HOSPITAL FACILITIES

26.1. Medical services for Contractor personnel are the responsibility of the Contractor. However, on an emergency basis, the Government will provide medical services for job-related injuries while an employee is performing under this contract. Such emergency medical care will be limited to those services necessary to prevent undue suffering or loss of life and will be provided only during the period of the emergency. In such circumstances, action shall be taken by the Contractor to transfer employees of the Contractor to a health care provider as soon as the emergency period ends. Medical facilities are located at the Martin Army Community Hospital, Bldg. 9200, Fort Benning, GA. The Contractor shall reimburse the Government for emergency medical services provided upon receipt of invoice from the medical facility.

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

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

26.2.1. The Contractor shall comply with the safety rules of the Government installation at which the work is being performed.

26.3. Public Convenience and Safety: The Contractor shall conduct his operations to offer the least possible obstruction and inconvenience to the public, vehicular, and the normal day-to-day routine of the Government installation where work is to be performed. Unless safety otherwise prevents such actions, personnel and traffic shall be permitted to pass through the work area with as little delay as possible. Where the nature of construction operations in progress and the equipment and machinery in use are of such character as to endanger passing traffic, the Contractor shall provide such lights and signs, erect such fences or barriers, and station such guards as may be necessary to give adequate warning and to avoid damage or injury to passing traffic. Signs, flags, lights, and other warning and safety devices shall conform to applicable laws, safety regulations and requirements. All lane closures shall be coordinated in advance with the COR/Government Inspector, traffic engineer and the DES. All traffic control procedures shall be in accordance with GA and/or FL Department of Transportation (DOT) regulations.

C.27. TEXTING WHILE DRIVING. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009 bans text messaging while driving or operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

C.28. EMPLOYEE HEALTH AND SAFETY

28.1. In order to provide safety controls for protection to the life and health of employees, and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, as amended. The Contractor shall also take or cause to be taken such additional measures as the KO may determine to be reasonably necessary for the purpose.

28.2. Records: The Contractor shall maintain an accurate record of, and shall report to the KO, in the manner and on the forms prescribed by the KO, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

28.3. The KO will notify the Contractor of any noncompliance with the foregoing requirements and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action.

Such notice, when delivered to the Contractor or their representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to promptly comply, the KO may issue an order suspending all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such suspension shall be made the subject of claim for extension of time, or for excess costs or damages by the Contractor.

28.4. Compliance with these requirements by subcontractors will be the responsibility of the contractor.

28.5. Noise Control: Contractor shall comply with all applicable state, local, and installation laws, ordinances, and regulations relative to noise control, to include applicable quiet hours exclusive to each installation.

C.29. ENVIRONMENTAL COMPLIANCE: All work performed under this contract shall comply with the following:

29.1. The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6962.

29.2. Executive Order 13101 of September 14, 1998, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.

29.3. Executive Order 13123 of June 3, 1999, Greening the Government through Efficient Energy Management.

29.4. The Energy Policy Act of 2005, Public Law 109-58

29.5. Energy Policy and Conservation Act (42 U.S.C. 6361(a)(1))

29.6. Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901, et seq.).

29.7. National Energy Conservation Policy Act (42. U.S.C. 8253, 8259g, 8262g, and 8287).

29.8. Executive Order 11912, April 13, 1976, Delegations of Authority under the Energy Policy and Conservation Act.

29.9. Executive Order 13221 of July 31, 2001, Energy-Efficient Standby Power Devices.

C.30. ENVIRONMENTAL PROTECTION

30.1. Installation Restoration Program (IRP) Requirements (The following will apply to TOs covering excavations within an IRP site):

30.1.2. Contaminated Soil and Free Product: Areas that will be disturbed have the potential to have free product migrate into and under the construction site. Any material (soil) that is suspected of containing petroleum products shall be reported immediately to the DES. In addition, the Contractor shall notify the KO. If discovered, the Contractor shall mitigate any potential threat to the workers, public, and environment. Record the quantity of any fuel removed. Contaminated soil and/or free product shall not be used for backfill or removed from the military installation without written approval from the KO. Once removal is approved, Contractor will dispose of material under the guidance of the Pollution Prevention Officer of the installation where encountered. All hazardous waste manifests shall be prepared by the contractor and shall be coordinated, approved and signed by the applicable installation Hazardous Waste Manager prior to removal of such waste from the installation.

30.1.3. Additional Excavation: Prior to any excavation beyond the immediate area or boundary of the construction site, the Contractor shall coordinate with and obtain the KO’s approval, and submit a digging permit.

30.1.4. All prime and sub-contractors shall be made familiar with the fire reporting and evacuation procedures for the federal installations identified under this contract.

30.1.5. Contaminated Soil Notification: If during construction, contaminated soil is encountered that was not previously known to exist, the Contractor shall cease work in the affected area and immediately contact DES. The Contractor shall then notify the KO and COR/Government Inspector.

30.2. Asbestos Requirements:

30.2.1. THE CONTRACTOR IS WARNED THAT EXPOSURE TO AIRBORNE ASBESTOS HAS

BEEN ASSOCIATED WITH FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL

CANCERS, PLEURAL OR PERITONEAL MESOTHELIOMA, AND ASBESTOSIS.

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

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

30.2.4. Care must be taken to avoid releasing, or causing to be released, asbestos fiber into the atmosphere where they may be inhaled or ingested.

30.2.5. The Occupational Safety and Health Administration (OSHA) has set standards at 29 Code of Federal (CFR) 1926.58 for exposure to airborne concentrations of asbestos fibers, methods of compliance, medical surveillance, housekeeping procedures, and measures that must be taken when working with or around asbestos- containing other materials. 29 CFR 1926.58 has been identified as applicable to construction (29 CFR 1926.55 Gases, vapors, fumes, dusts, and mists). The Environmental Protection Agency (EPA) has established standards at 40 CFR 61.140-156, National Emission Standards for Asbestos, for the control of asbestos emissions to the environment and the handling and disposal of asbestos wastes.

30.2.6. Asbestos containing materials are not permitted by current criteria and shall not be used in minor new construction or modification projects (STL 1110-1-118, 27 May 1983). The Contractor shall review plans and specifications for all minor new construction and modification projects to insure that asbestos-containing materials are not used.