SOW_NEW_PAVING_IDIQ_NOV.pdf

Paving IDIQ Contract

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STATEMENT OF WORK

Indefinite Delivery Indefinite Quantity (IDIQ)

Installation Paving Contract Fort Bliss, Texas

SECTION A

1 GENERAL REQUIREMENTS

1.1 Scope of Work. This is a non-personal service/construction contract. The Contractor shall provide all labor, materials, equipment, and supervision, except as specified herein as Government furnished, to perform all operations in connection with the repairs, construction, and maintenance to the installation-paving infrastructure. This work is governed by the applicable drawings and these specifications are subject to the terms and conditions of the contract. Drawings of the areas to be improved will be submitted to the Contractor with individual delivery orders as required. The Contractor shall perform all work in accordance to statement of work and all applicable standards, manuals, and regulations. Any work perform by the Contractor not according to above specifications shall be redone at Contractor’s expense.

1.2 Locations and Description of Installation. Fort Bliss is located in the northeast area of the

City of El Paso, Texas stretching north and northeast into New Mexico with an area of about 1,700 square miles; it is the Army’s second-largest installation, behind the adjacent White Sands Missile Range. The Fort Bliss Installation includes main cantonment area, William Beaumont Army Medical Center, Biggs Army Airfield, Logan Heights, McGregor Ranges, and Dona Ana Camp.

1.3 Period of Performance. The period of performance shall be for two (1) Base Year of 12 months and one additional twelve (12) month option year. The Contractor shall not commence work unless authorized by the Contracting Officer (KO). All technical questions shall be addressed to the Contracting Officer’s Representative (COR) for resolution.

1.4 Schedules. The Contractor shall include with the submittals, a construction schedule with a detailed listing of work to be done for each discipline and the sequence in which the task order work will be accomplished. The schedule will indicate time frames and level of effort required for each task, the effect of each phase on the following phase and the impact if not complete before starting the next action.

1.5 Contracting Officer Representative (COR). The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral

Page | 2 communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6 Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW FAR 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be considered into the overall contract price.

2 Contractor Required Certifications and Qualifications

The Contractor shall demonstrate satisfactory compliance of licensees, certifications, and construction project experience noted below.

2.1 Certifications

a. The Contractor must have been in business for at least six (6) years in each category of work for which certification is sought, and provide satisfactory evidence as such.

b. The Contractor must be licensed in the categories of Work for which certification is sought, where licensure is required by city, state, and federal laws.

2.2 Qualifications

a. The Contractor’s principals, management, and supervisory personnel must possess a minimum of six (6) years of continuous experience on comparable work, type, and complexity of construction of the categories shown in this document. The prime Contractor shall perform at least 70% of the work.

b. Contractor must have successfully completed a minimum of five (5) projects, each with a minimum value of $50,000 within the past three years.

c. The Contractor must currently have among its supervisory personnel at least one person who has more than six (6) years construction experience in fields of paving, storm sewer, and lighting.

d. The Contractor must provide specific details regarding the circumstances surrounding the invocation of bonds on any of their projects or projects of a successor company performed within the past six (6) years.

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e. The Contractor must be deemed financially responsible (i.e. able to perform its projects and meet its obligations). If the current financial statement causes reasonable doubt as to whether the applicant is financially sound (e.g. deficits in working capital and/or net worth, and/or a net loss that exceeds ten percent of the applicant’s gross revenues shown on the statement).

f. The Contractor must demonstrate the personnel capacity to ensure satisfactory completion of various simultaneous projects with a maximum aggregate total of $2,000,000.00 dollars.

The Contractor shall be required to satisfactorily perform construction projects in the following categories:

Asphalt Paving, Overlays, Seal Coats, and Patching Concrete Paving , Curbs, Curb & Gutter, Flumes, Sidewalks, ADA Ramps, &

Incidentals Earthwork, Base & Sub-base Asphalt Pavement Milling Chain Link Fencing and Gates Debris Clearing/Removal, Cleaning and Street Sweeping Clearing, Grubbing & Hauling Landscaping Storm water pollution prevention Storm drain systems On-site ponding areas Minor structures/Miscellaneous concrete Traffic Signs, Striping and Pavement Markers Traffic Control Devices Guardrail Installations and Repairs Parking Lot Construction Street and Parking Lot lighting

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3 Contractor Responsibilities

3.1 The Contractor shall provide a safe working environment for key consultants and all persons in his/her employ as prescribed by Engineering Manual (EM) 385-1-1, “General Safety Requirements” and 29 CFR 1910 “Occupational Safety and Health Standards”.

The Contractor shall be responsible for all damages to persons and property that occur in connection with the work and service under this contract, without recourse against the Government. The Contractor shall provide all equipment and tools necessary to complete the scope of work as described in this document. The Contractor shall provide maximum protection, take every reasonable means, and exercise care to prevent unnecessary damage to existing historic structures, contemporary structures, landscape plantings, natural features, roads, utilities, and other public or private facilities. Special attention shall be given to historic structures, natural and landscape features of the areas to protect these elements and the surroundings. The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, New Mexico and Texas State Law.

3.2 Contractor shall exercise extreme caution to protect building finishes, private property, military property, etc., from damage during the performance of these contract requirements. Contractor shall be responsible for all loss or damage or whatsoever kind and nature to all Government property, while in the performance of these contract requirements, which result in whole or in part from the negligence or omissions of Contractor, any of his Subcontractors or any employee, agent or any representative of the Contractor or Subcontractor(s).

3.3 The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

3.4 The Government shall not exercise any supervision or control over the contract providers performing the work described herein. Such contract providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

3.5 Personnel. The Contractor shall provide the names, addresses, and telephone numbers of the project manager and alternate to the Contracting Officer within 15 calendar days of receipt of Notice of Award. The Contractor shall provide notice, in writing, to the Contracting Officer three working days in advance of any change of project manager or alternate. The project manager and alternate shall be able to understand, speak, read, and write the English language. The work shall be executed in the best and most workmanlike manner by qualified and efficient skilled personnel in their respective trades and in accordance with the specifications and applicable drawings.

3.6 Project Manager. The Contractor shall provide a designated onsite project manager or an alternate project manager who bears responsibility for the performance of all work and who has full authority to act for the Contractor on all contractual performance matters related to the daily operations for this service and must be available during the normal

Page | 5 hours of operation as specified in paragraph 7.1 This individual shall be responsible for the supervision, overall administration, and coordination of the required services.

3.7 Alternate. An alternate shall be designated to act for the Project Manager when work is being performed at hours other than as listed in 7.1 below or during absences such as illness, vacation, etc.

3.8 Response Time. The Project Manager or alternate shall return all calls from the Contracting Officer, or Government representative within the first day normal working hours (7:30 a.m. to 4:30 p.m.), Monday through Friday.

3.9 Other Personnel. The Contractor shall provide only personnel who are legally entitled to work in the United States to accomplish work and services specified herein.

3.10 Identification of Contractor Employees. The Contractor (to include Subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include Subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include Subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

3.11 Conflict of Interest & Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DoD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

3.12 Conduct of Employees. Contractor employees shall conduct themselves in accordance with Ft Bliss installation policies concerning conduct and as per DoD 5500.7-R, Joint Ethics Regulation. The KO may require the Contractor to remove from the job site any

Page | 6 employee working under this contract for reason of misconduct, security, found to be, or suspected to be under the influence of alcohol, drugs, or other incapacitating agents.

Contractor employees shall be subject to dismissal from the premises if such action is necessary in the best interests of the Government. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this PWS.

3.13 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

3.14 Proper Disposal Requirements. The Contractor shall dispose of excess materials, debris or waste at an approved off-post location in accordance with (IAW) applicable Local, State and Federal laws and regulations and pay any related fees. The Contractor shall not use Fort Bliss trash bins to dispose of construction materials. Burning or burial of materials is not permitted. The Contractor shall maintain a clean work area free of construction debris. The Contractor shall clean the work site daily and after completion of the project to include dusting, sweeping and mopping.

3.15 O&M Manuals:

a. The Contractor shall submit Operation and Maintenance (O&M) Data specifically applicable to this contract, and a complete and concise depiction of the provided equipment, product, or system. Organize and present information in sufficient detail to clearly explain O&M requirements at the system, equipment, component, and subassembly level. Include an index preceding each submittal.

b. The Contractor shall be responsible for the preparation, coordination, execution and submittal of all Equipment Operating, Maintenance, and Repair manuals (O & M Manuals), including spare parts lists (with the names and PHONE NUMBERS of local suppliers), special tools, inventories of equipment manuals, and maintenance instructions, and shall conduct all training for operating and service personnel. Operation and maintenance manuals shall cover all system installations provided in this Contract and shall be in sufficient detail to facilitate normal maintenance and troubleshooting by persons with minimum experience with the installed equipment. Applicable for those specific task orders requiring O&M manuals.

3.16 Warranties. In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph 1 of contract clause FAR 52.246-21, that work performed under this contract conforms to the contract requirements and is free of any

Page | 7 defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplies at any tier.

a. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date that the Government takes possession.

b. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of (1) The Contractor’s failure to conform to contract requirements; (2) Any defect of equipment, material or workmanship; or (3) Contractor negligence. Failure to timely perform any warranty work will be considered as Past performance criteria when evaluating ability to perform on future potential task order opportunities.

c. The Contractor shall restore any work damaged in fulfilling the terms and condition of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

d. The Contracting Officer will notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect or damage.

e. If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government will have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

f. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall:

I. Obtain all warranties that would be given in normal commercial practice.

II. Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer.

III. Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

g. In the event the Contractor’s warranty under paragraph “a” has expired, the Government may bring suit at its expense to enforce a subcontractor, manufacturer or supplier warranty.

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h. Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any level, the Contractor shall not be liable for the repair of any defects of material furnished by the Government nor for the repair of any damage that results from any defect in Government furnished material or design.

i. This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud (See FAR Clause 52.246-21, Warranty of Construction).

j. The Contractor shall provide all extended manufacturer/material warranties to the Government at the final inspection. The Contractor shall warranty the work, including parts and labor, performed under this Statement of Work for a minimum of one year that is installed from its first use or acceptance by the Government.

Faulty work, defective product or part(s) shall be repaired or replaced at no cost to the Government.

k. All manufacturer's warranties shall be passed on to the Government and defective parts shall be replaced without added handling surcharges, return fee, freight, restocking fees or other miscellaneous costs.

3.17 Buy American Act. In accordance with 41 U.S.C. 10a – 10d, all materials to be American made products. It applies to contracts for the construction, alteration, or repair of any public building or public work in the United States.

4 Security and Training Requirements

4.1 Airfield Access. The Contractor shall go through an initial briefing coordinated by DPW staff in tandem with Airfield contact person(POC) Mr. Randall J. Stewart- Phone # (915)- 744-9012, required for all airfield drives, training and security. Contractor shall become familiar and obey the rules, once inside the airfield, to avoid any conflict due to continuous movement of aircrafts.

4.2 Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use IAW AR 190-13, The Army Physical Security Program. At the close of each work period, Government facilities, equipment and materials shall be secured.

4.3 Contractor Property Security. The Contractor shall be solely responsible for the security of his property.

4.4 Security Requirements. Contractor’s personnel (including sub-contractor) who are assigned to work in a secure facility shall be escorted by the activity that owns the secure facility.

4.5 AT Level I Training. This provision/contract text is for Contractor employees with an area of performance within an Army controlled Installation, facility or area.

All Contractor employees, to include subcontractor employees, requiring access Army

Page | 9 installations, facilities and controlled access areas shall complete AT Level I awareness training within 5 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT-Level 1 training is available for CAC holders at https://Jkodirect.jten.mil and for NON-CAC holders at http://jko.jten.mil/courses/atl1/launch.html. If access to a computer is not available, the requiring activities/unit’s ATO who is level II qualified will conduct AT Level I training for the Contractor and employees within 5 calendar days after contract start and submit the attendance roster to the COR or CO, if a COR is not assigned. AT level I training an annual requirement. If the requiring activity does not have an ATO, the first ATO in the chain of command will conduct training.

4.6 Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

4.7 Uncleared Contractor Common Access Card Credentialing and Installation Access. Per the Secretary of the Army Memorandum dated 31 October 2013 Uncleared Contractor Common Access Card Credentialing and Installation Access, Contractors requiring access to Fort Bliss are required to undergo a background check in accordance with the National Crime Information Center – Interstate Identification Index (NCIC-III), National Agency Check with Inquiries (NACI) and those contractor’s requiring a Common Access Card (CAC) must receive a favorable FBI fingerprint check. Contractors with access to any area of Fort Bliss will submit all employee names working on each separate contract to their Contracting Officer Representative (COR). CORs will submit contract numbers and employee names for each contract to the Department of Emergency Services (DES) to conduct a background check. Contract employees not successfully vetted through DES in accordance with the NCIC-III, NACI, or FBI must surrender their CAC, if issued, and will lose all access privileges to the installation.

4.8 AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training

Page | 10 content is directed by the combatant commander with the unit ATO being the local point of contact.

4.9 iWATCH Training. The standard language is for contractor employees with an area of performance within an Army controlled installation, facility, or area. The contractor and all associates subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed with 5 calendar days of contract award and within 5 calendar days of new employees’ commencing performance with the results reported to the COR no later than 5 calendar days after contract award.

4.10 Contractor Employees Who Require Access to Government Information Systems (IS).

All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.

4.11 For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

4.12 For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All Contractor employees must complete annual OPSEC awareness training.

5 Safety Requirements

5.1 The main contractor must provide the Garrison Safety Office (GSO) with the following documents/information (as applicable to the work being accomplished) for review and approval 60 days prior to the contractor proceeding with any work.

a. Statement of Work

b. Activity Hazard Analysis (AHA’s) for all Hazards

c. POC listing to include: Contractor’s on site Safety officer, competent/qualified person, program manager, primary and alternate government Contracting Officer Representative (COR).

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d. A Contractor safety plan (a subcontractor safety plan must also be submitted if the subcontractor does not fall under the main contractor’s safety plan) which will include the following (as applicable):

Accident Prevention Program Aerial lift requirements Compressed Gas and Chemical Safety Concrete and Masonry Safety Confined Space Plan Crane and Hoist Program Disciplinary Action Program Electrical Safety Emergency Action Plan Excavation/Trenching Plan (and dig permit) Fall Protection Plan Fire Protection and Prevention Plan First Aide and Medical Program (to include Blood borne

Pathogens) Flammable Liquids Plan Hand and Power Tool Safety Hazard Communication Program Hearing Conservation Program Heat and Cold Stress Prevention Program Heavy Equipment Program (backhoes, excavators, graders, etc.)

Housekeeping and Material Storage Ladder and Stairway Safety Lockout/Tagout Plan Material Handling Storage and Disposal Personal Protective Equipment (PPE) Radiation Program Reporting and Recording Injuries Respiratory Protection Plan Sanitation Plan Scaffold Safety Program Steel Erection Program Vehicle Safety Program Warning Signs, Signals and Barricades Welding, Cutting Plan and Hot Process Safety (Hot Tar Kettle etc.)

Workplace Violence/Drug/Alcohol Program

e. Training Certificates/Licenses:

Safety Officer Competent/Qualified Person

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Electrical Fall Protection Excavation/Trenching Scaffolding Confined Space Respirator Protection Heavy equipment, Crane Operator, Rigger, Signalman First Aide and Bloodborne Pathogens

5.2 29 CFR 1926.32(f) states: “Competent person” means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions, which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

5.3 29 CFR 1926.32(l) states: “Qualified” means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.

5.4 These definitions provide that a competent person must have authority to take prompt measures to eliminate hazards at the work site and have the experience to be capable of identifying these hazards. This is the reason a competent person is required under inspection requirements in 29 CFR 1926.650 and 29 CFR 1926.651.

5.5 The definitions provide that a qualified person must have a recognized degree, certificate, etc., or extensive experience and ability to solve the subject problems, at the worksite.

This is the reason why 29 CFR 1926.651(f) requires that supporting systems design shall be by a qualified person. There may be a requirement for more technical or engineering knowledge.

5.6 The point of contact for this actions is Mr. Michael Blondell, (915) 568-6679 or email:

Michael.d.blondell.civ@mail.mil

6 Environment Requirements

6.1 The Contractor shall comply with Fort Bliss’s Environmental Categorical Exclusion (CX-Log) document, where applicable, to be provided by PM, and other applicable policies in the bidding and completion of this contract. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

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6.2 The Fort Bliss Environmental Management Division prepared Categorical Exclusion log to address questions raised concerning environmental compliance with Federal, State, and local regulations that apply on a DoD facility, will be coordinated by the DPW-PM. The CX-log is an enforceable document and compliance is required under this contract.

6.3 Construction & Demolition Diversion. The Contractor will use a permitted off-post landfill. Executive Order 13693, Planning for Federal Sustainability in the Next Decade, requires all federal facilities to divert a minimum of 50% of construction and demolition (C&D) materials and debris from landfills. If the contractor has a valid reason for not being able to meet this diversion goal, the contractor needs to present their reasoning in writing to DPW-Environmental Division. Contract specifications will include submission of a contractor’s C&D Waste Management Plan for approval prior to the start of the site clearance. A monthly C&D Waste Management Report of all materials resold, recycled, reused, or landfilled will be reported by the 10th of each month to the Environmental Division, Solid Waste Compliance Program Manager, Lilia.a.lenhart.civ@mail.mil with a copy to the Contract Officer Representative (COR).

Items that can be used to increase diversion rates include salvaged items (may be reused as part of the contract by others), scrap metal, masonry products, gravel, asphalt, concrete, rock, topsoil (earth fill is specifically excluded). A list of local recyclers will be provided by PM. Suitable materials that meet standards for recycle/reuse may go directly to a recycling facility. All suitable concrete/asphaltic materials may be crushed, recycled, or stockpiled at a designated site on Fort Bliss on a temporary basis. All recycled/reused concrete/asphalt materials must be removed from Fort Bliss by the end of the project schedule. Use of the material processed for engineering fill, aggregate, or re-constituted concrete or asphaltic pavement constitutes recycling. Upon diversion of the recycled/reused materials, the Contractor shall submit proof of recycling/diversion in the monthly C&D Waste Management Reports detailing weight of diverted material and weights of debris landfilled. The COR will review the plan in coordination with the Directorate of Public Works-Environmental Division.

6.4 Hazardous Waste Disposal and Avoidance. Fort Bliss has a hazardous waste disposal area. If the Contractor creates or encounters hazardous waste, the DPW-E (915-568- 1107) must be notified. The Contractor shall coordinate with the DPW-E to take steps to avoid hazardous waste contamination. The Contractor shall be responsible obtaining the proper permits for cleaning up any hazardous waste created under this effort at the Contractor’s expense. The COR will contact DPW-E to acquire current documentation (if any) on the Building. This information will be given to the Contractor when received.

7 Installation Access, Security Policy, and Procedures

7.1 General: Contractor employees, and all associated sub-contractors, shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative).

7.2 Installation Access. General Access Requirements: The Contractor shall also provide all information required background checks to meet installation access requirements to be

Page | 14 accomplished by installation Provost Marshal Office (915) 568-3607 Fort Bliss Building 116, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy.

7.3 RAPIDGate Background: Fort Bliss implemented more restrictive access procedures affecting non-military personnel who require routine access to the installation. In order to streamline access specifically for vendors, Contractors, sub-contractors and service providers.

Fort Bliss is implementing a new standardized entry protocol called the RAPIDGate Program. This program is for all new and existing vendors, Contractors, sub-contractors, and service providers who require routine access to Fort Bliss in order to have a faster and more efficient method to access the installation.

7.4 RAPIDGate Enrollment: Companies that service the Fort Bliss can enroll in the RAPIDGate Program by calling 1-877-RAPIDGATE (1-877-727-4342). Once the company has enrolled, their employees can register at the self-service Registration Stations located inside base.

There is an annual company and per employee fee associated with the RAPIDGate program.

Furthermore, the information collected runs a 10- year felony background screen, other criminal screens, and validates the Social Security number. The RAPIDGate Program also verifies that the individual is legally eligible to work in the United States.

7.5 RAPIDGate Installation Access: Once the employee's identity is verified they will be issued a personalized identification badge that will allow access to Fort Bliss through Chaffee Gate and other gates approved by KO without having to obtain a temporary pass, undergo a security screening or a vehicle inspection, etc. Companies that choose not to participate in the RAPIDGate Program will only be allowed to access Fort Bliss through only designated construction traffic gate. Vehicle inspection will be mandatory. All vehicle occupants must be prepared to provide a Government issued photo ID. The driver of the vehicle will be required to provide proof of vehicle registration and proof of insurance. Fort Bliss RAPIDGate participants are still subject to random inspections and access rights may change due to extreme threat levels and/or FPCON's.

7.6 Base access requirements and procedures may change during the term of the contract.

The Contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

7.7 When work involves close proximity to residential facilities, close coordination will be required between the Contractor and COR/housing residents. Notification procedures including but not limited to two (2) week and three (3) day advance notifications to occupants of proposed work schedule will be required.

7.8 Ranges Access. The Contractor shall be required to coordinate continuous access to Ranges by calling (915) 569-9240 or (915) 569-9141.

7.9 Performance of Work at Biggs Army Airfield. The Contractor shall be required to schedule the work in collaboration with Airfield contact person(POC) Mr. Randall J.

Stewart- Phone # (915)-744-9012, and subject to his approval at least five (5) days in advance of moving onto the work site.

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7.10 Restricted Areas /Limited Access. The Contractor shall coordinate access with facility owners to restricted areas undergoing security training or classified operations at a minimum of five (5) days in advance of starting any activities.

8. Hours of Operation.

8.1 Normal Duty Hours. Normal operating hours shall be from 0730 hours (7:30 AM) to

1630 hour (4:30) MST, Monday through Friday. The parties may establish other working hours on a per task order basis.

8.2 Legal Public Holidays. The following is a list of Federal Holidays observed by this installation:

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

8.3 When one of the above designated legal holidays falls on a Sunday, the following

Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

8.4 Any work on Saturdays, Sundays, or Federal holidays that is required to maintain construction schedules, shall be negotiated during bid-submittal. The Contractor shall notify the KO, in writing, a minimum of two working days in advance when the Contractor anticipates weekend or holiday work. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance.

8.5 When the Department of Defense grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the COR. Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

8.6 If Government personnel are furloughed, the Contractor shall contact the Contracting Officer or the KO to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed

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Government employees. In the event that Government shutdown and/or furlough of Government employees does impact contract price/cost, a negotiated settlement will be reached as deemed appropriate by the Contracting Officer.

9. Wage Rate Requirements (Construction)

9.1 Contracts / Task Orders in excess of $2,000 to which the government is a party for construction, alteration, or repair of public buildings or public works within the United States must adhere to the Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act.

a. No laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor.

b. Employees be paid unconditionally and no less often than once a week.

c. Wage rates for the contract be posted in a conspicuous and accessible place at the work site.

9.2 Enforcing Act Provisions. Unlike the Service Contract Labor Standards law, the Wage

Rate Requirements (Construction) statute requires the KO to enforce many provisions of the law. This is done by performing labor compliance checks such as interview and payroll reviews.

a. Interview. The KO or COR conduct regular labor interviews with the contractor’s employees at the job site to determine if they are adhering to the act. The employees are questioned about the amount of their pay and the kinds of tools they are using.

b. Review Payrolls. Contractors and subcontractors are required to submit weekly payrolls of all employees working on the job site. A review of these will indicate that the contract requirement to pay the prevailing wage rates established for that project is or is not being accomplished by either the contractor or subcontractors.

9.3 Supporting Acts. Acts that may be enforced in conjunction with the Davis-Bacon Act include the Copeland “Anti-Kickback” Act and Contract Work Hours and Safety Standards Act.

a. Copeland “Anti-Kickback” Act. The Copeland “Anti-Kickback” Act makes it unlawful to threaten any person employed in the construction or repair of public buildings or public works with dismissal from employment in order to coerce him or her to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also

Page | 17 requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week. This requirement is usually accomplished when copies of the contractor/subcontractor payrolls are submitted don a weekly basis.

b. Contract Work Hours and Safety Standards Act. The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) requires that certain contracts contain a clause (FAR 52.222-4) specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any work week unless paid for all additional hours at not less than one and a half times the basic rate of pay.

Violations of the Act may be detected during a labor interview; a part of the interview requires the employee to divulge thee total number of hours he worked during the previous week. Contractors who are in violation of this contract provision may pay back wages owed the employee and may be required to pay a liquidated damage of $10 per day per affected employee.

This amount can be withheld from moneys owed the contractor under the instant contract or from any other contract that the contractor has with the Federal Government.

9.4 Overtime requirements shall also be exercised by the government in order to better meet mission requirements, at the discretion of KO. Overtime costs shall be negotiated and approved by KO prior to award of specific task order.

9.5 Contract shall submit detailed anticipated overtime costs per specific task order to be evaluated by COR and KO. Final approval of any overtime costs shall be approved by the KO only in accordance with FAR regulations.

10. Inclement Weather Operations and Time extensions.

10.1 This provision specifies the procedures for the determination of time extensions for unusually severe weather in accordance with the Contract Clause: Code of Federal Regulations (CFR) 52.249-10 Default Fixed-Priced Construction and 52.211-13 Time Extensions. The Contractor within 10 days from the beginning of delay shall notify the Contracting Officer in writing of the causes of the delay. The listing below defines the monthly-anticipated adverse weather for the contract period and is based upon National Weather Service Weather Forecast Office or similar data for the geographical location of project. Should inclement weather over and above the table below occur, the Contractor may request additional time if the work was affected. With final time extension approval determined by DPW-Staff.

Figure 1. Monthly Anticipated Adverse Weather Calendar Days.

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Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Avg high

(°F) 57.7 63.1 70.3 78.6 87.8 95.5 94.7 92.4 87.6 78.2 66.2 57.1 77.4 Avg low

(°F ) 32.5 37.1 42.9 50.7 60 68 70.9 69.7 63.3 52 40.1 32.5 51.6

Precip. (in) 0.4 0.46 0.26 0.23 0.47 0.94 1.55 2.01 1.51 0.61 0.49 0.78 9.71 Snowfall

(in) 1.3 0.6 0.3 0.8 0 0 0 0 0 trace 0.8 3.1 6.9

Total Permissible

(Days) 1 0 0 0 0 0 2 2 1 0 0 2 8

Reference: National Weather Service Weather Forecast Office

11. Task Ordering Procedures.

The following Task ordering procedures will be required for this contract:

11.1 As the need arises for performance work task orders under this contract DPW-PM will provide MICC with an SOW of required work task order.

11.2 MICC will put out an RFP to Contractor, in which a response will be required by the Contractor within three (3) working days, or less.

11.3 A Site visit at the proposed work site with the KO, DPW-PM, and Contractor will be held promptly after Contractor response to RFP. During this site visit the Contractor will be provided by DPW-PM the drawings and specific requirements of the task order.

11.4 Contractor proposal to be received by MICC within two days, with submittals to follow.

Proposal shall be supported by necessary documentation to indicate that adequate engineering and planning to accomplish the requirements of the task order.

11.5 MICCC will provide Contractor complete proposal to DPW-PM, who will perform a technical evaluation within two (2) working days.

11.6 MICCC, DPW-PM, and Contractor will negotiate Contractor proposal, as necessary.

11.7 Contractor will be required to submit a revised complete proposal based on negotiations, within two (2) working days.

11.8 MICC will provide revised Contractor proposal to DPW-PM.

11.9 DPW-PM will submit formal technical evaluation approval of Contractor proposal to

MICC.

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11.10 MICC will award the Task Order.

11.11 Contractor will be required to submit project submittals, a safety AHA Plan, Excavation permit request, Construction schedule, and any additional submittals as required by DPW staff.

11.12 MICC will then provide a Notice to Proceed (NTP), upon satisfactory submittal of above items, as determined by MICC.

11.13 Contractor will perform all Task Order work within Period of Performance, to the satisfaction of DPW.

11.14 DPW will provide Final Inspection and Acceptance of required Task Order Work.

12. Task Order Issuance: Task orders will be issued by the KO using the Department of

Defense (DoD) Form 1155, Order for Supplies or Services. Each Delivery order will include the following information.

a. Date of Task Order.

b. Contract Number and Task Order.

c. Item number, description, material submittal, requirements, quantity and unit prices for items, and total.

d. Task order price and period of performance date.

e. Accounting and appropriation date.

f. Liquidated damages, if any.

g. Statement of Work, drawings, pertinent data, and any other specifications and requirements of the Task Order.

13. Contractor Payment and Performance Bonds

13.1 Contractor will be required to submit progress reports, along with specific line item percentage completion. Additionally, Contractor will submit Monthly Invoices, along with progress report and specific line item percentage completion, during the last three (3) working days of the month only, so DPW-PM can review at the end of the month, and be able to promptly approve monthly Invoices within three (3) working days, if all required reports and Invoices are timely, and properly submitted by the Contractor.

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13.2 A performance Bond will be required of the Contractor on any Task Order over $150,000 in total cos as per The Miller Act, and any Electrical Task Order, due to safety precautions and liabilities.

SECTION B

GOVERNMENT FURNISHED PROPERTY AND SERVICES

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1.1 Services. Required amounts (for contract performance) of water may be available to the Contractor from existing system outlets and supplies. The Contractor shall, at own expense, make all temporary connections and install distribution lines and extensions as required, to perform the work and maintain safe operating conditions. All temporary lines shall be furnished, installed and connected, and maintained by the Contractor in a workmanlike manner satisfactory to the COR, and shall be removed by the Contractor at their own expense prior to final acceptance of the project. The Government will not be liable for any loss or damages suffered by the contractor which may result from failure or interruption of any of the above utility services.