W911SG-18-R-0069-0001_(Modification).pdf

0011173007

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Change to SOW, update attachements and change RFI Due Date.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 32

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

16C. DATE SIGNED

BY 17-Aug-2018

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911SG18R0069

X 9B. DATED (SEE ITEM 11)

10-Aug-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

17-Aug-2018

CODE

MICC- FT BLISS

ISSUING OFFICE

FORT BLISS TX 79916-6812

W911SG 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911SG18R0069

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

1. POINT OF CONTACT (POC):

CPT Lane Berg, Contract Specialist Tel: 915-568-7749 Email: lane.m.berg.mil@mail.mil

2. COMPETITION REQUIREMENTS: This procurement is a 100% Woman Owned Small Buisness (WOSB) set-aside acquisition.

3. SITE VISIT: The Government has scheduled a one day site visit at Fort Bliss TX at 09:00 MST on 17 August 2018.

a. We will meet at the dirt lot near Forsyth Road and Buffalo Soldier Road intersection.

b. Firms who wish to attend the site visit shall provide the name(s), company name, position title, telephone number, email address and mailing address of all attendees via e-mail to lane.m.berg.mil@mail.mil no later than 14:00 MST on 16 August 2018.

c. The site visit is limited to a maximum of two (2) attendees per company. Contractor representatives should be prepared to furnish identification if requested.

d. Individual or group questions will not be answered during the site visit. Potential offerors may submit written questions in accordance with number 4 (below) of this instructions to offerors section.

Note: Remarks and explanations made by the Government representatives during the course of the site visit, whether orally or in writing, shall not change or qualify any of the terms or conditions of this solicitation. The solicitation can only be changed by a formal written amendment issued by the Contracting Officer (KO).

4. REQUEST FOR INFORMATION (RFI): All offeror inquiries or questions shall be submitted in writing electronically to CPT Lane Berg at lane.m.berg.mil@mail.mil no later than 23 August 2018 at 16:00 MST. An amendment will then be issued with all questions and answers. **After the due date no additional RFI’s will be answered**

5. PROPOSAL DUE DATE: Proposals are due no later than 2:00 pm MST on 10 September 2018. Proposals shall be emailed to lane.m.berg.mil@mail.mil. Proposals SHALL include the following in order to be considered (failure to include all line items shall be cause for rejection of the offer):

a. Cover sheet on company letterhead with your DUNS number, CAGE code, Tax ID, and primary point of contact information;

b. Signed and completed Standard Form 1442 along with any amendments;

c. Letter from bonding company indicating offeror’s ability to obtain performance and payment bonds in the amount of their offer;

d. Project Schedule per Evaluation Factors; and

e. Past Performance per Evaluation Factors.

Please note that all correspondence via e-mail shall contain a subject line that reads, “Bliss Forsyth Road Repair W911SG-18-R-0069, Company Name”. If sending attachments via e-mail, ensure only .pdf, .doc or .xls documents are sent. In the body of the email please ensure to list the number of attachments submitted. It is the Contractor’s responsibility to verify all emails along with all attachments are received by the Contract Specialist listed above.

6. BONDNG REQUIREMENTS:

a. Performance and Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the awarded price.

(2) The Government may require additional bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

b. Offer Guarantee:

(1) An Offer Guarantee is not required. Instead of submitting an Offer Guarantee, offerors are to submit a letter from their bonding company indicating the offerors ability to obtain performance and payment bonds in the amount of their proposal price.

2. SYSTEM FOR AWARD MANAGEMENT (SAM): Offeror must be registered in the database IAW FAR 52.204-7 in order to be awarded a contract and have the applicable NAICS code listed in FAR 52.219-1(c), Small Business Program Representations (Alternate I), Representations.

EVALUATION FACTORS FOR AWARD

The Government will award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable.” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated reasonable price. Offers will be evaluated for acceptability but not ranked using the non-price factors. Evaluation factors and significant sub factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors (FAR 15.101-2). The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from price, technical and past performance. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to waive informalities and minor irregularities in offers received. If a minor clerical error has occurred, then the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process.

This solicitation is for a firm, fixed price construction contract. Award shall be made to the technically acceptable offer that provides the lowest reasonable price. The Government intends to award a contract to one offeror deemed responsible in accordance with Federal Acquisition Regulation (FAR 9.1).

Offerors are required to submit technical proposals addressing the Evaluation Factors and Sub-Factors identified.

The procurement is being conducted utilizing the Lowest Price Technically Acceptable (LPTA) source selection process in accordance with FAR 15.101-2. Proposal will be evaluated for acceptability, but not ranked, using the non-price evaluation factors. Award will be made on the basis of the lowest evaluated reasonable price of proposals meeting the acceptability standards for non-price factors. There shall be no trade-offs. Offers evaluated as not Technically Acceptable will not be eligible for award, regardless of price.

The proposal must set forth full, accurate and complete information as required by the solicitation. The Government will rely on such information for the award of the contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the duration of the contract and any substitutions will require prior Contracting Officer's approval.

The offeror shall be held responsible for the validity of all information supplied in the proposal, including the information provided by potential subcontractors. Should subsequent investigation disclose that the facts and conditions were not as stated, the proposal may be rejected.

To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Part I –Technical Proposal - Part II - Price Proposal.

The Government’s technical evaluation team will evaluate the technical proposals on an acceptable or unacceptable basis, assigning one of the ratings described below for each subfactor. Any subfactor evaluated as “Unacceptable” will render the entire proposal unacceptable and, therefore, unawardable.

Only those proposals determined to be technically acceptable, at time of award, will be considered for award.

However, the offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

This solicitation requires the evaluation of price and the following non-price factors Factor 1: Technical – Evaluation of this factor will be based on the offeror's submission of a project schedule that demonstrates the offeror's understanding of the work requirement including estimated timeframes for ordering supplies and completing construction.

Sub-factor:

a. Experience – Previous experience will be evaluated as “Acceptable or Non-Acceptable”. To be acceptable, offerors must provide information demonstrating they have successfully performed as prime contractor within the last three (3) years* on at least one (1) construction project of equal or greater size and complexity and magnitude within the same or similar scope of work as identified in this solicitation. Past performance information shall be obtained by the Contract Specialist from any other sources available to the Government to include, but not limited to, PPIRS or other databases.

*The three (3) years shall be calculated from the solicitation issue date.

**Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, TABLE 1 - TECHNICAL RATINGS

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Aspects of Past Performance Evaluation: The past performance evaluation results are an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the requirements outlined in the solicitation.

Factor 2: Price –Prices will be evaluated for reasonableness through a comprehensive comparison of each proposal received. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate. Prices will also be evaluated to determine if they are either excessive or insufficient for the effort to be accomplished, and for any unbalanced areas within the offeror's pricing proposal. A price that is too low or too high may endanger the proposal's opportunity for award of a contract.

Each proposal shall be evaluated to ensure that all information provided in the RFP has been addressed, is accurate and complete.

LIST OF ATTACHMENTS

1. Attachment - IAQ during Constructionpdf

2. Attachment - Recycling Policy_2015

3. Attachment - C&D Package_2018 (Updated)

4. DPW-As-built requirements-Memo-3-29-16 (b)

5. DWG - Forsyth - Roadway - 05072018.pdf

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

STATEMENT OF WORK

Directorate of Public Works

Engineering Services Division Fort Bliss, Texas

STATEMENT OF WORK

Road Repairs at Forsyth Road

FE 10451 6J | 17 August 2018

PART 1

GENERAL INFORMATION

1. General. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary throughout the Fort Bliss Military Installation, as defined in this Statement of Work (SOW). The Government shall not exercise any supervision or control over the subcontractors performing the construction herein. Such construction subcontractors shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Background. Forsyth Road is the primary route for soldier families to take their children to Hughey Elementary and Ross Middle School. Currently, this street show signs of wear and tear and it does not have proper dimensions to provide access for a two way traffic. The project will consist in demolishing asphalt road along Forsyth and install and expand existing road. The Contractor will have to hire Fort Bliss Water and Rio Grande Electric for the relocation and resurface of water valves, hydrants, bollards, lights and power poles.

1.2. Objectives. Contractor to furnish construction and related services to the Government in a professional and collaborative environment to sustain mission requirements. Construction services and finished products to be delivered on schedule, safely, and compliant with regulatory codes and standards.

1.3. Description of Work. Successful implementation of this contract requires the Contractor to make available and execute the following services, as associated with construction services:

Consultation, Evaluation, and Assessment Protection of Existing Features Deconstruction, Demolition and Disposal Construction, Permanent and Temporary Storage and Delivery Quality Control Safety Management, Training, and Administration Coordination, Project and Construction Management Services Administration, Documentation and Delivery of Requisite Deliverables Commissioning, Systems Operation and Verification Warranty Origination, Registration and Support

1.3.1. 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 and clarification.

1.3.2. The Contractor shall examine the Drawings, determine the extent of the Work, the extent of work affected therein, and all conditions under which he is required to perform the operations.

A site visit will be scheduled and time and date to be determined. Contractor shall ensure any discrepancies with asphalt road, reinforced curb, asphalt recycling, and traffic control coordination are noted after site visit and prior to submission of proposal.

1.3.3. The Contractor shall be permitted to employ available utilities where-is, as-is to complete work in the Statement of Work (SOW). To coordinate the use of utilities please contact Ms. Lopez from Sustainability and Energy Division (SED) at 915 568-3107. The Contractor shall provide his own sources of utilities (water, electricity, etc.) needed to complete the work in the SOW at locations where government utilities are not available. The Contractor shall provide sanitary facilities for their employees.

1.3.4. The Contractor shall inform the Government of any discrepancies found in the field or in the SOW in order to amend it. Prior to any change or modification to the project, Contractor shall notify the COR assigned by DPW. Changes or modifications will not be done without KO approval.

1.3.5. The Contractor shall comply with applicable laws and regulations, including Federal Law, New Mexico and Texas State Laws, Occupational Safety and Health Administration (OSHA) Laws and regulations, Part 6 of this Statement of Work (SOW) and precipitating codes.

1.4. Period of Performance. The period of performance shall be one hundred and twenty (120) calendar days after issuance of Notice to Proceed (NTP).

1.5. Place of Performance. The work to be performed under this contract will be performed along Forsyth Road, from Buffalo Soldier Road to Stoneman Road, Fort Bliss TX, 79916.

1.5.1. Laydown / staging area. Staging and laydown area will be provided as a portion of the construction foot print. Contractor shall assess and evaluate laydown area for acceptability.

Contractor shall submit written approval of provided area to the Contracting Officer Representative (COR) and Contracting Officer (KO) prior to NTP.

1.6. Occupancy. Adjacent buildings will be occupied for the duration of project.

1.7. Attachments.

A. Drawing set “Road Repairs at Forsyth Rd” B. Contract Specifications C. Maintaining Indoor Air Quality during Construction D. Recycling Policy 2015 E. Solid Waste C&D Diversion Guidance F. iWatch Suspicious Activity Reporting G. Excavation Request H. CX-Log I. Traffic Control Coordination J. As-built Requirements K. Recycled Materials

1.8. INSPECTIONS

1.8.1. Inspection Requirements. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the raw materials, components, intermediate assemblies, and end products furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.

1.8.2. Inspection -- Dismantling, Demolition, or Removal of Improvements. Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the

Government. The Government shall perform inspections in a manner that will not unduly delay the work.

1.8.2.1. The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and replace them with satisfactory items within seventy-two (72) hours of written notice. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.

1.8.3. Inspection of Construction. The Contractor shall maintain Quality Control System and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. This system shall be submitted prior to the start of work and a mutual understanding meeting shall be held between the Contractors Quality Control and the COR prior to the start of workThe Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the KO and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

1.8.3.1. Government inspections and tests are for the sole benefit of the Government and do not – Relieve the Contractor of responsibility for providing adequate quality control measures;

Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

Constitute or imply acceptance; or Affect the continuing rights of the Government after acceptance of the completed work.

1.8.4. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the KO’s written authorization.

1.8.5. The Contractor shall promptly furnish all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the KO. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

1.8.6. The Contractor shall replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

1.8.7. If, before acceptance of the entire work, the Government Contracting Officer decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements and had KO approval, the KO will make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

1.8.8. Unless otherwise specified in the contract, the Government will accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the KO determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the

Government’s rights under any warranty or guarantee.

1.9. HOURS OF OPERATION

1.9.1. Normal Work Hours. The Contractor shall perform all work during normal work hours. Normal work hours are defined as the time period from 07:30 hours (7:30AM) to 16:30 hours (04:30 PM) MST, Mondays through Fridays except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.9.2. Federal Government Holidays.

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

1.9.2.1. 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.

1.9.2.2. 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, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them;

however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

1.9.2.3. 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 KO or the Contracting Officer Representative (COR).

1.9.2.4. If Government personnel are furloughed, the Contractor shall contact the KO or the COR 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 Government employees. In the event that Government shutdown and/or furloughed Government employee does impact contract price/cost, a negotiated settlement will be reached as deemed appropriate by the KO.

1.9.3. Approval of Work outside Normal Work Hours. Approval of work other than normal work-hours of the military reservation will be based upon the requirements of the task, technical or safety factors and not for the convenience of the Contractor. This is not intended to restrict the Contractor to an 8-hour day if the segment of project requires continuous work until completed because of mission requirements, the technical nature thereof, in the interest of safety, or to prevent damage to the project or other property. The Contractor shall give prior notice of such requirements to the KO. When weekend or holiday work is required, the Contractor shall make his request to perform same to the KO not less than 48 hours in advance so that arrangements may be made to provide full-time inspection of the work. When the Government requires the Contractor to work outside normal hours, the Contractor shall be notified at the onset of the project, but not less than 24 hours in advance.

1.10. SECURITY.

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

1.10.2. Force Protection. See section 5.7.2.6.

1.10.3. 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 by the Contractor.

1.10.4. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons.

1.10.4.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be reimbursed by the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost reimbursed by the Contractor. Any Government property stolen or damaged in association with keys being duplicated, misplaced, or lost by the Contractor personnel, shall be reimbursed to the Government.

1.10.4.2. The Contractor shall prohibit the use of Government issued keys/key cards by any person other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the

KO.

1.10.4.3. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.10.5. Security of Classified Items, Systems and Information. The Contractor, as a general rule, shall not have access to classified information; however, should classified documents fall into the possession of the Contractor, the Contractor shall immediately contact the COR for disposition instructions.

1.11. SAFETY.

1.11.1. Accident Prevention. The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract.

1.11.2. For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall: Provide appropriate safety barricades, signs, and signal lights; Comply with the standards issued by the Secretary of Labor at 29 Code of Federal Regulations (CFR) part 1926 and 29 CFR part 1910; and Ensure that any additional measures the KO determines to be reasonably necessary for the purposes are taken.

1.11.3. If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

1.11.4. Whenever the KO becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the KO will notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall take corrective action within twenty-four (24) hours. If the Contractor fails or refuses to promptly take corrective action, the KO may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued.

1.11.5. Before commencing the work, the Contractor shall –

1.11.5.1. Submit a written proposed plan for implementing paragraph (1.10.1). The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

1.11.5.2. Meet with representatives of the KO to discuss and develop a mutual understanding relative to administration of the overall safety program.

1.11.6. Reporting of Fire and Safety Hazards. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract.

1.11.7. Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution.

The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or

Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.11.8. Reporting Mishaps. The Contractor shall adhere to reporting of mishaps IAW AR 385-10, The Army Safety Program and DA Pam 385-40, Army Accident Investigations and Reporting. In addition, the Contractor shall report: (1) Injury or occupational illness to on-duty Contractors;

(2) Contractor accidents involving Army property and personnel.

1.11.9. Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, designated representative or COR, and shall notify the KO of the corrective action to be taken.

1.12. PERSONNEL.

1.12.1. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, the Contractor’s employees, agents, representatives, or Subcontractors. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat, and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general well-being, or operational mission of the Army and Fort Bliss Military Reservation. All Contractors’ personnel shall comply with installation security, access procedures, and Contractor’s Safety Plans.

1.12.2. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid

U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

1.12.3. Contractor’s personnel shall either be a United States Citizen or authorized to work in the

United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card.

1.12.4. 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 KO 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.

1.12.5. 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, subcontracted parties and service providers 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.

1.12.6. Conduct of Employees. Employees shall conduct themselves IAW installation policies concerning conduct and DOD 5500.7-R, JER. The KO may require the Contractor to remove from the job site any 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 SOW.

1.12.7. Contractor Vehicles.

All Contractor vehicles shall be readily identifiable. Identification shall include displaying Contractor’s name in a clear and unobstructed location on the vehicle.

Motor vehicles entering Fort Bliss Operational Area shall be properly licensed, insured, and registered with the Installation Access Pass Office.

1.12.8. Gate Policy for Fort Bliss. All contractor personnel must get their passes at the Chaffee Commercial Pass Office. Fort Bliss has started implementing a rapid pass gate entry security service. Under the rapid pass program, Contractor personnel are vetted through a series of national and local record checks to determine whether they meet Fort Bliss’ criteria for access.

The determination of whether to authorize a pass (badge) is made by the Government.

Participation in the rapid pass program is optional. The number of gates open to non-registered Contractor personnel will be limited to gates which can safely accommodate traffic backups.

However, all gates will be open to rapid pass registered Contractor personnel. Contractors who choose not to participate in the rapid pass program will be required to obtain a daily pass.

Installation 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.

1.12.9. Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property.

1.12.10. Key Personnel. The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the KO fifteen (15) working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the KO. However, in urgent situations, as determined or agreed to by the KO, an oral request to substitute key personnel may be approved and subsequently ratified by the KO in writing. Such ratification shall constitute the consent of the KO required by this paragraph. The KO will notify the Contractor within ten (10) working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate. Contractor shall provide a telephone number of the Superintendent in the event of an after-hours emergency.

Construction Superintendent Construction Project Manager Construction Safety Manager/Quality Control Manager

1.13. ADMINISTRATIVE.

1.13.1. Conferences / Meetings. The Contractor shall attend post award conferences convened by the contracting activity or contract administration office. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO 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. Contractor shall document attendance, discussions and outcomes of meetings (meeting minutes) and digitally disseminate information to persons in attendance. Contractor shall be giver 48 hour notice before any meeting.

1.13.2. 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 KO. 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.

1.13.3. Contract Drawings and Specifications. The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the KO. The Contractor shall check all drawings furnished immediately upon receipt; Compare all drawings and verify the figures before laying out the work; promptly notify the KO of any discrepancies;

be responsible for any errors that might have been avoided by complying with this paragraph;

and Reproduce and print contract drawings and specifications as needed. In general large-scale drawings shall govern small-scale drawings; and the Contractor shall follow figures marked on drawings in preference to scale measurements. Omissions from the drawings or specifications or the mis-description of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or mis-described details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions and Acronyms.

2.1. Definitions. Federal Acquisition Regulation (FAR), Dictionary of US Army Terms, AR 310-25 and Authorized Abbreviations and Brevity Code, AR 310-50, are the references for definitions and acronyms not listed below.

2.1.1. Contract Administrator. The official Government representative delegated authority by the KO to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.2. Contractor. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.3. Contracting Officer (KO). A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government. Note:

The only individual who can legally bind the Government.

2.1.4. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has the authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. Controlled Area. A controlled space extending upward and outward from a specified point. This area is typically designated by a commander or director, in which sensitive information or operations occur and require limitations of access.

2.1.6. Deliverable. Quantifiable goods or services that will be provided as specified in the contract.

Deliverables can be tangible or intangible items as a portion or part of the development process, function, or characteristic of a project; may include non-manufactured things such as, photographs, meeting minutes and-or reports.

2.1.7. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.8. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.9. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the Subcontractor.

2.1.11. Work Day. The number of hours per day the Contractor provides services IAW the contract.

2.1.12. Work Week.