SOLICITATION AMENDMENT Replace Existing Rooftop HVAC Units Bldg. 1401 W911SG22B0024 0001.pdf

0011785268

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

1. Update Special Contract Requirements;

2. Update Statement of Work Part 10 - Hazardous Building Materials Abatement; and

3. Incorporate the RFI questions and answ ers.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 08-Sep-2022

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 W911SG22B0024

X 9B. DATED (SEE ITEM 11)

17-Aug-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

08-Sep-2022

CODE

MICC - FORT BLISS

111 PERSHING RD

FT BLISS TX 79916

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911SG22B0024

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

RFI QUESTIONS AND ANSWERS

RFI QUESTIONS AND ANSWERS

Replace Existing Rooftop HVAC Units Bldg. 1401

1. At the conclusion of the Abatement Survey, in the event asbestos is found, will DPW issue a modification to pay for the additional asbestos abatement that must be performed?

Answer: A hazardous material survey is not available. Contractors to assume asbestos/lead/mold is present for bidding purposes.

A lead and asbestos survey is NOT provided. The Contractor shall perform hazardous building materials sampling of all building material that may be disturbed during this project. Asbestos sampling shall be performed by an asbestos inspector that meets the requirements of the Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA).

If hazardous building materials are present, the Contractor shall abate/remediate. The Contractor shall be responsible for abating all hazardous building materials in the work area. Abatement of hazardous building materials (including asbestos containing material (ACM), Lead based paint (LBP), or mold) shall take place prior to performing other work of this project. The Contractor shall be responsible to perform abatement and disposal of all hazardous building materials in accordance with all applicable laws, rules and regulations, and with the guidelines of this section listed below.

There will be no modification for the adjustment of price resulting from the hazardous material test/survey and removal of hazardous material.

Contractor to assume that all disturbed materials have asbestos or lead.

2. How does DPW plan on paying for the post Abatement Survey, Asbestos Abatement that must be performed?

Answer: A hazardous material survey is not available. Contractors to assume asbestos/lead/mold is present for bidding purposes.

A lead and asbestos survey is NOT provided. The Contractor shall perform hazardous building materials sampling of all building material that may be disturbed during this project. Asbestos sampling shall be performed by an asbestos inspector that meets the requirements of the Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA).

If hazardous building materials are present, the Contractor shall abate/remediate. The Contractor shall be responsible for abating all hazardous building materials in the work area. Abatement of hazardous building materials (including asbestos containing material (ACM), Lead based paint (LBP), or mold) shall take place prior to performing other work of this project. The Contractor shall be responsible to perform abatement and disposal of all hazardous building materials in accordance with all applicable laws, rules and regulations, and with the guidelines of this section listed below.

There will be no modification for the adjustment of price resulting from the hazardous material test/survey and removal of hazardous material.

Contractor to assume that all disturbed materials have asbestos or lead.

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

1. PERFORMANCE AND PAYMENT BONDS FOR CONSTRUCTION CONTRACTS AND

MODIFICATIONS

The Contractor shall provide Performance and Payment Bonds identified in FAR 52.228-15 (DEV), Performance and Payment Bonds within the time specified in Block 12b of the SF 1442 (Far 28.102-1(b)(1)). Failure to provide executable documents within the stipulated timeframe may result in a payment delay or a termination action.

FAR 52.228-2, Additional Bonds Security, requires the Contractor to promptly furnish additional security if (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;(b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.

2. AWARD OF CONTRACT AND NOTICE TO PROCEED (NTP)

A Notice to Proceed will be given only after approval of required payment protection submitted in accordance with FAR Subpart

28. Standard Forms 25 and 25A are available at http://www.gsa.gov/Portal/gsa/ep/formslibrary. No billable work shall commence under this contract/ modification until after the contractor receives the NTP.

Work shall commence no later than 5 calendar days following the date of Notice to Proceed, and all construction and contractual requirements shall be completed no later than the ending date of the period of performance cited in this contract.

3. CONSTRUCTION CONTRACT PROGRESS PAYMENT REQUESTS

The Contractor shall read and be familiar with FAR Clause 52.232-5, Payments Under Fixed Price Construction Contracts, and 52.232-27, Prompt Payment for Construction Contracts.

FAR Clause 52.232-5 stipulates that the Government shall make progress payments monthly as work proceeds. Each progress payment request shall include all of the elements delineated at subparagraph (b)(1)(i)-(v). Failure to comply with the minimum requirements in this reference will result in immediate rejection of the invoice until corrected.

Further sub-paragraph (e), Retainage, will be enforced. Relating back to the requirements for an appropriately detailed progress schedule, progress reports and progress payment requests shall be prepared in the same format as the approved progress schedule. Every definable element of work will be shown on every progress report and every payment request. For every element of work not completed by the approved time (late performance), the Contracting Officer will retain the maximum 10% of the amount of the payment of each incident of late performance until the work is satisfactorily completed and inspected in accordance with instructions and standards identified elsewhere in this contract.

Further, sub-paragraph (g), Reimbursement for bond premiums, will be enforced. The contractor shall provide evidence of payment of bond premiums paid to the surety (including coinsurance and reinsurance) before being allowed to submit for reimbursement of those expenditures in a progress payment request.

FAR Clause 52.232-27 (a)(i)(A) discusses the due date for making progress payments as 14 days after the designated billing office receives a PROPER payment request (see discussion above). The Contracting Officer will date/time stamp receipt of each progress payment request package when it is delivered. That date/time will mark day one of the 14-day period for payment IF there is no disagreement over quantity, quality, or contractor compliance with contract requirements. If there is a disagreement in quantity, quality, or contractor compliance with any aspects of the contract at the time of delivery of the invoice, the invoice date/time stamp will be stricken through, initialed and returned to the contractor for correction. This effectively stops the clock and it will start over when a properly executed invoice is delivered to the Contracting Officer.

In accordance with DFARS 252.232-7003, the Contracting Officer hereby determines that the following process is in compliance with DFARS: Once the invoice has been certified by the Contracting Officer, AND the contractor receives a signed copy, the contractor shall initiate a Construction Payment Invoice in WAWF, and route it directly to the COR identified in this contract.

The DODAAC that will be used in preparing the WAWF invoice is “W91VB1”. When the COR receives the WAWF invoice, he/she will verify the information submitted with the (local progress payment request form) approved invoice; if all information between the two documents is verified as correct and appropriate, the COR will perform the role of Acceptor, and approve the invoice forward to the DFAS for processing of the payment. For contracts with a period of performance of 60 days or less the Contracting Officer has determined that no progress payment will be authorized. The Contractor shall be entitled to bill the Government for such projects only after completing a final inspection (and clearing any punch list generated), completion of any applicable O&M classes (to be coordinated with the COR), submission of final paperwork (i.e., as built drawings, DD 1354), and after confirming all certified payroll records have been submitted to the Government.

For projects negotiated with a longer performance period, progress payments are authorized one time each month, up to 90% of the project cost, but only after approval of a construction progress schedule, and only in the amounts verified on subsequently approved progress reports. Progress payment invoices will not be processed in the same week as the progress report is submitted. No progress payments are authorized above 90% of the contract value.

4. AVAILABILITY AND USE OF UTILITY SERVICES

a.) In accordance with FAR Clause 52.236-14, Availability and Use of Utility Services, water and electricity are furnished by the Government for the Contractor's use at no charge and in the performance of construction work at the job site, but only to the extent that their use is necessary to complete the work and the utilities are readily available at the site. Any usage of these utilities beyond what is needed to complete construction work at the job site or exceeds that which is readily available at the job site, and approved for use by the Contracting Officer, shall be furnished by the Contractor at its own expense. These utilities are provided provisionally and only to the extent that is necessary to facilitate the work This authority can be revoked if the Government witnesses that utilities are being wasted; e.g., lights being left on when no work is being done or water is being left on unattended for any extended amount of time. Failure of the Contractor to comply with this request to conserve and preserve these utilities will result in the Contractor entering into individual metering agreements at the job site and paying for the use of these utilities.

b.) In reference to FAR Clause 52.236-10, Operations and Storage Areas, SHOULD the Contractor be AUTHORIZED to establish a field operations office or a temporary staging area under this contract, it shall be responsible for consumption of available utilities. Prior to commencement of work under the contract, the contractor shall sign a utility metering agreement with the installation Directorate of Public Works Utilities Section. Prior to final payment under the contract, the contractor shall pay any outstanding utility charges and provide a copy of the paid invoice to the Contracting Officer as evidence of compliance. If the solicitation does not provide for such arrangements, and the contractor did not receive separate approval for the establishment of such facilities/space from the Contracting Officer, no such authorization is assumed.

Any costs incurred for the establishment of field operations facilities after contract award are made solely at the contractor’s cost, and without compensation by the Government. There shall be no squatting on the job site.

5. WRITTEN GUARANTEES AND GUARANTOR'S REPRESENTATIVE

The Government is entitled to all standard commercially offered warranties/guarantees. The Contractor shall obtain all warranties, have them executed in writing, and furnish them to the Contracting Officer prior to final inspection.

Additionally, the documentation shall include the name, address, and telephone number of the guarantor's representative responsible for the guarantee during the warranted period, and who will provide warranty related services covered by the warranty/guarantee. The existence of any commercial manufacturer’s warranties does not relieve the contractor of responsibilities identified in FAR clause 52.246-21.

6. DOCUMENTATION TO SUPPORT SUBCONTRACT AWARDS

a) Within five calendar days after the award of any subcontract, the Contractor shall deliver a completed SF Form 1413 (Statement and Acknowledgment) to the Contracting Officer. Each subcontract shall contain, as a minimum, the Contract Number, Task Order Number (if applicable), and Title. The subcontract must clearly identify what the subcontractor will be performing in relation to other trades on the job. All subcontracts shall contain the anticipated period of performance that correlates with the approved Progress Schedule for that Division of work. A sample format shall be submitted for Contracting Officer approval prior to commencement of work under this contract.

b) FAR Clause 52.222-11, entitled "Subcontracts (Labor Standards)", requires that the clauses listed therein be physically inserted in all subcontracts. However, if the Contractor subcontracts by means of purchase orders or other informal types of contractual situations, compliance will be considered provided if clauses are attached to the subcontract form. Written acknowledgement by the subcontractor of these Labor Standards is required. Incorporation by reference does not constitute compliance.

7. RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

a) The Government and the Contractor understand and agree that the services to be delivered under this contract are non-personal services and that no employer-employee or master-servant relationship exists or will exist under the contract between the Government and the Contractor or between the Government and the Contractor's personnel. Further, the Contractor is not the Government's agent.

b) The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not become an integrated part of the Government organization in connection with performance under this contract.

c) The work required under this contract does not require or authorize the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

d) Contractor personnel shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees. The entire consideration to the Contractor for performance of this contract is contained in the provisions for payment set forth in this contract.

8. INSURANCE

In accordance with FAR Part 28.301 and Clause 52.228-5, Insurance – Work on a Government Installation, the following types of insurance and “minimum” amounts are required for this contract:

TYPE AMOUNTS

Workmen’s Compensation $100,000 (see 8.1 below) Comprehensive General Liability $500,000 per occurrence for bodily injury Comprehensive Automobile Liability $200,000 per person

$500,000 per accident for bodily injury $20,000 for property damage

8.1 Worker’s Compensation will be provided as regulated by the Division of Worker’s Compensation, issued by New Mexico Office of Superintendent of Insurance (OSI), regulated by the OSI and guaranteed by the New Mexico Property and Casualty Insurance Guaranty Association.

NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed/prescribed or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

STATEMENT OF WORK

STATEMENT OF WORK

TRA053420P#

Replace Existing Rooftop HVAC Units

BUILDING 01401

White Sands Missile Range, NM

August 9, 2022

Information contained in this document regarding commercial products or firms may not be used for advertising or promotional purposes and is not an endorsement of any product or firm by the Directorate of Public Works, White Sands Missile Range or the U.S. Army.

Part 1- Project Description and Location

1.1 General Description of Work.

All work shall comply with State, Local, and Federal laws and regulations, industry and construction codes and standards, manufacturer’s specifications and recommendations, and all contract special provisions, terms and conditions. The Contractor shall be responsible for obtaining all required licenses and permits to perform construction work on a Federal installation, and be properly bonded and insured in accordance with Federal Acquisition Regulation (FAR) requirements. The intent of the contract is to provide for the construction and completion of the work described. The precise details of performing the work are not stipulated except as considered essential for the successful completion of the work. The Contractor shall furnish all labor, material, equipment, tools, transportation, and supplies necessary to complete the work according to the contract. This work order provides for the extensive effort to replace existing HVAC units servicing building 1401. The majority of the units being replaced are older than 20 years old. These units will be replaced with units of like capacity but have ultra-high efficiency. The effort involves the demolition of 27 units, 3 of which are no longer in use; and the installation of 26 units two of which are at new service locations. The size of units range from 2.5 ton to 25 ton and are either packaged rooftop units or split system type. Direct Digital Control (DDC) system and thermostats will also be installed. See drawing set WSMR drawing set WS-01401-2022-G-100-0101 for project details.

1.2 Project Location.

Work is located at Building 01401 which is located on Martin Luther King Jr. Avenue, White Sands Missile Range (WSMR), New Mexico in Dona Ana County. This building is located within the main cantonment.

1.3 Period of Performance (PoP).

All work shall be completed according to the awarded contract period of performance of no later than 180 calendar days after contract award is issued by the Contracting Officer (KO). The Contractor shall complete all pre-construction tasks within 30 calendar days of contract award.

This includes time required to process any coordination with any Government office or the Contracting Officer Representative (COR) for example bonds, traffic control plans, dig permit coordination, utility outage requests, submittals in accordance with (IAW) Section 8.3, etc.

Barring any contingencies that arise during construction, the Government requires the project to be completed within 150 calendar days.

Note: The total PoP shall not exceed 180 calendar days.

1.4 Pre-Construction Meeting.

The Contractor shall attend a pre-construction meeting held by the Government prior to construction. Construction shall NOT begin until this meeting is held. This meeting serves to answer any questions from the Contractor and to discuss building issues such as storage, security, access, working hours, notifications, etc. The Contractor shall also provide the names of Key Personnel (see Section 1.9). The Contractor shall take minutes of the meetings and submit the minutes to the COR, KO, and Contract Specialist (KS) via the Contract Daily Report (see Section 5.2) within five (5) days.

1.5 Progress Meetings.

The Contractor’s project manager and superintendent shall attend any progress meetings held by the Government on a scheduled or unscheduled basis (with 48 hour notice), or on dates determined by the Government. This meeting is for the Contractor to discuss their current progress, to discuss schedule, and to discuss and resolve any other project related issues. The Contractor shall take minutes of the meetings and submit the minutes to the COR, KS, and KO via the Contract Daily Report (see Section 5.2) within five (5) days.

1.6 Temporary Utilities.

1.6.1 Water Service. The Contractor may use water from the Government's existing water system. When connecting to the Government’s water system, including attaching water hoses to spigots, the Contractor must install a back flow prevention device that is approved by WSMR Water Plant manager, 575-678-1917. Water usage shall be reported to the COR monthly.

1.6.2 Electric Power Service. The Contractor may use electric power from the Government’s existing electrical system.

1.7 Project signs.

The Contractor shall install a 4’ x 8’ project information sign at the work site. The sign will contain information such as project name, Contractor information, etc. A template will be provided by the COR. The sign shall be placed where it can safely be viewed by the general public. In addition to this sign, a worksite bulletin board and Safety and Occupation Health bulletin board (see Section 3.8) shall be placed where they are accessible to workers performing work for this project. These signs shall remain in place for the duration of the construction until project acceptance.

1.8 Notifications.

The Contractor shall inform the COR a minimum of two (2) weeks in advance of the planned starting work date. In addition, the Contractor shall inform the COR a minimum of three (3) weeks in advance of any action that requires notification to the Command Group or the public (e.g., road closures, detours, etc.). Such events will be discussed during the pre-construction meeting.

1.9 Key Personnel

The Contractor shall, at a minimum, provide a full-time dedicated Superintendent (IAW 52.236- 6, Superintendence by the Contractor) and a dedicated Safety/Quality Control Person for the duration of the contract.

The Contractor shall provide to the KO, within seven (7) calendar days after Notice to Proceed, a letter designating the key personnel prior to any work commencing. No substitutions of the key personnel proposed is authorized without prior written approval of the KO See Section 8.3 for submittal requirements.

In the event of short absences of the key personnel under this contract (or the release of the individual currently performing the work), the Contractor shall request to substitute another fully qualified individual. This request shall be provided, to the KO in writing, no less than three (3) business days prior to the need to substitute.

Part 2 – Installation Access and Security

2.1 Installation Access.

Contractors shall comply with the requirements of the WSMR Visitor Control Program. The Contractor’s and all associated sub-contractor’s employees shall provide all information required (to the COR or as required by the WSMR Visitor Control Program) for background checks to meet installation access requirements to be accomplished by Directorate of Emergency Services, and Security Office. Contractor workforce shall comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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. The Government is not responsible for work delays or additional costs associated with and / or Contractor’s failure to obtain clearances for their employees.

NOTE: Employee Training as outlined in Section 7.1 SHALL BE COMPLETED AND SUBMITTED TO THE COR PRIOR TO REQUESTING RANGE ACCESS. Proof of training shall be completed for both Contractor and subcontractor workers. See Part 7 – Required Employee Training, and Part 8 – Project Submittals.

Contractor and sub-contractors requiring access to the 1401 facility must be U.S. citizens.

Contractor and sub-contractors performing work on the premises are required to sign-in daily.

2.2 Contractor’s Responsibilities.

The Contractor shall ensure that all employees carry their Installation access authorization with them during working hours and show them upon request. The Government will periodically verify passes from the Contractor employees with their personal identification. The Contractor shall also ensure that all passes are current, are originals and not copies. If an employee is terminated the Contractor shall ensure that Installation access passes, badges, or other access credentials are turned in to the COR within one (1) working day.

2.3 Removal of Personnel.

The Government has the right to remove any Contractor employee at any time during the duration of the contract if that employee fails to meet the Installation Security Requirements. In such case, the Contractor shall ensure that Installation access passes, badges, or other access credentials are turned in to the COR immediately. The Contractor shall submit the name of a replacement within five (5) working days of the removal to the COR.

2.4 Photography.

Under no circumstances shall the Contractor or any of their subcontractors take photographs of any type while on the installation. Failure to comply with this requirement will result in employee being barred from entering the installation. The Contractor can request, at least 48 hours in advance, that photographs be taken by the COR. These photographs will be provided to the Contractor upon security review and approval for release, which may take up to two weeks.

2.5 Working Hours.

White Sands Missile Range operates on a compressed work schedule with an off day every other Friday (RDO) and observes Federal Holidays. Normal working hours for the installation are from 07:00 am to 4:30 pm. The KO may authorize the Contractor to perform work outside of normal working hours and/or working days. If the Contractor desires to work during periods other than the days and hours listed above, a written request shall be made to the KO within four

(4) calendar days of their intention.

2.6 Entry Restrictions and Roadblocks.

The Contractor’s and all associated sub-contractor’s employees may be required to work in areas subject to entry restrictions, evacuations, and roadblocks. Roadblocks on public highways are normally set for a duration of at least one (1) hour. Internal roadblocks (on non-public WSMR roads) are normally set for a duration of at least two (2) Hours. However, on occasion the duration may be as long as all day. If the Contractor is able to reach the work site and perform at least 5 hours of work, the Government will consider the day as an official workday. The Contractor is responsible for scheduling operations to avoid unnecessary delays and missed services. Range and roadblock status may be obtained by calling 575-678-1178 or 575-678-2222.

Roadblocks time and duration are subject to change without prior notification.

Part 3 – Safety

3.1 Safety Compliance.

Army construction contracts fall within the purview of the US Army Corps of Engineers Safety and Health Requirements Manual, Engineer Manual (EM) 385-1-1, and Occupational Safety and Health Administration (OSHA) Title 29 Part 1910 and 1926. The version in effect at time of contract award will be used. OSHA 29 CFR 1910 Safety and Health Regulations as well as 29 CFR 1926 Safety and Health Regulations for Construction are available online at:

3.1.1 http://www.osha.gov/

3.1.2 EM-385-1-1 is available online at:

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

3.2 Coordination with Sub-Contractors.

The Contractor is the “controlling employer" and is responsible for all work site safety and health conditions including those of the subcontractors. The Contractor shall be responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one task from interfering with or creating hazardous working conditions for other tasks, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

3.3 Site Specific Safety Plan.

Construction contracts shall include a site and project specific safety plan. See Section 8.3 for submittal requirements. EM 385-1-1 refers to a safety plan as an Accident Prevention Plan (APP). The safety plan shall be tailored to the project, based on the size and complexity of the construction to be accomplished and shall include a fall protection and prevention program. A typical safety plan will address such issues as, but will not be limited to, the following:

3.3.1 The company’s safety and health policy.

3.3.2 Company safety inspections of the job site.

3.3.3 Use of personnel protective equipment (PPE).

3.3.4 Safety rules and penalties associated with not following the rules.

3.3.5 Safety training and frequency (identifying hazards, explaining precautions and proper use of equipment/machinery, and the PPE required for the job including how to use and maintain PPE).

3.3.6 The steps to be followed to report unsafe working conditions and practices.

3.3.7 Special hazards.

3.3.8 Hazardous materials.

3.3.9 Confined spaces, i.e. entry procedures and ventilation requirements, etc.

3.3.10 Lockout tag procedures.

3.3.11 Instruction concerning safe operations and appropriate emergency action in the event of accidental exposure.

3.3.12 Emergency procedures.

3.3.13 Identifying personnel on site who have had first aid training.

3.3.14 Identify where communication devices (such as phones, radios or other approved communication devices) are located with appropriate phone numbers posted.

3.3.15 Post how to exit the work area in an expeditious and safe manner.

3.3.16 The plan will identify the person with lead responsibility for safety, where protective equipment may be obtained and the procedures for reporting a safety hazard.

The person identified as the lead responsible for Safety may also perform Contractor Quality Control (CQC) upon approval by the KO (see Section 5.1).

Approval of the Safety Plan does not relieve the Contractor of complying with all applicable safety requirements.

3.4 Internal Job Site Safety Inspections.

Frequent and regular Contractor internal job site inspections shall focus on identifying and removing hazards. The Contractor’s Safety Plan shall explain the disciplinary process that will be followed when the Contractor job inspections find violations to the safety rules. The disciplinary process shall be included in the employee’s training and reviewed during regular safety briefings. The Government will review the Contractor’s Safety Plan for adequacy, completeness and compliance with OSHA and EM 385-1-1 requirements. The Contractor shall review and amend the safety plan, as necessary, throughout the life of the contract. Amended safety plans shall be submitted to the COR and the KO for approval. The Contractor shall incorporate unusual or high-hazard activities not identified in the original safety plan as they are discovered.

3.5 Hazard Analysis.

Before beginning each work activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform the work, the Contractor(s) performing that work activity shall prepare an Activity Hazard Analysis (AHA) (sometimes called a job hazard analysis). See section 8.3 for deliverable requirements.

Approval of the Activity Hazard Analysis does not relieve the Contractor of complying with all applicable safety requirements.

3.6 Accident Reporting Requirements.

The Contractor shall immediately report all accidents or injuries to the COR or his/her designee.

If COR or Project Representative is not available, report accidents or injuries to the Garrison Safety manager (575-678-3221). Forward a written report through the COR using Contractor’s format or similar IAW DAPAM 385-40 to the Installation Safety Office (ISO) within seven (7) calendar days of occurrence.

Damage to Army property. This includes Government furnished material, property, or equipment provided to a Contractor. Contractor must complete DA Form 285 or 285-AB-R (available at http://armypubs.army.mil/), when damage to Army property is equal to or greater than $5,000.00. If Contractor has an issued Common Access Card (CAC), Contractor is required to complete the report through REPORT IT, the Army's online accident reporting system (https://safety.army.mil/). If the Contractor has not been issued a CAC, the forms identified in DA PAM 385-40 must be utilized and provided to the ISO Director or designated representative within seven (7) calendar days of occurrence.

The COR must immediately notify the ISO of a Contractor accident or injury and ensure a written accident report is sent to the ISO within seven (7) calendar days of occurrence.

Contractors shall report to the local OSHA office accidents and injuries in accordance with OSHA reporting requirements (https://www.osha.gov/oshdir/nm.html).

3.7 Safety Meetings.

The Contractor shall conduct and document meetings as required by EM 385-1-1. Attach minutes showing contract title, signatures of attendees and a list of topics discussed to the Contractor's daily report (see Section 5.2).

3.8 Display of Safety Information.

The Contractor shall erect a safety and occupational health (SOH) bulletin board at the job site at least one calendar day prior to commencement of work. Include and maintain information on safety bulletin board as required by EM 385-1-1, section 01.A.07 ”SOH Bulletin Board”. Where size, duration, or logistics of project do not facilitate a bulletin board, an alternative method, acceptable to the COR, that is accessible and includes all mandatory information for employee and visitor review, shall be deemed as meeting the requirement for a bulletin board.

3.9 Work in Confined Spaces.

The Contractor shall comply with the requirements in Section 34 of USACE EM 385-1-1, OSHA 29 CFR 1910.146, and OSHA 29 CFR 1926.21(b)(6). Any potential for a hazard in the confined space requires a permit system to be used. WSMR Fire Department issues permits for confined space entry. Please call 575-678-0470 or 575-678-4187 to obtain a permit. Permits shall be requested no later than two (2) working days in advance of the work to be performed. The Contractor shall coordinate with the COR to submit the permit request.

3.10 Safety Data Sheets for Hazardous Materials.

The Contractor shall submit to the COR and the KO a List of Hazardous Materials (LHM) and Safety Data Sheets (SDS) IAW requirements of FAR 52.223-3, Hazardous Material Identification and Material Safety Data. See Section 8.3 for submittal requirements.

3.11 Radiation Permits and Authorizations.

Civilian Contractors bringing radioactive devices (e.g. nuclear soil density meters, X-Ray Fluorescence (XRF) equipment) onto the Installation must have approval from the Garrison Radiation Safety Manager, 575-678-8234/1211. Contractor shall prepare and submit an application (DA Form 3337, http://armypubs.army.mil) to bring in radiation devices at least thirty (30) calendar days prior to anticipated use. Applications shall be submitted through the COR. Contractor shall not bring in any devices without a Government approved application.

License requirements are listed below:

Nuclear Regulatory Commission (NRC) Licensees will need to complete DA Form 3337 and provide a copy of the license.

NM Licensees will need to complete DA Form 3337 and include copy of NM License if work is north of Hwy 70; work south of Hwy 70 will require NRC reciprocity.

Agreement State Licensees will need to complete DA Form 3337 and include copy of NRC or New Mexico Reciprocity for work north of Hwy 70; work south of Hwy 70 will require NRC reciprocity.

3.12 Hot Work Permits.

The Contractor shall obtain a hot work permit for any activity that requires an open flame or involves activities such as welding, burning, brazing, soldering, cutting and grinding materials.

Hot work permits can be obtained from the WSMR Fire Department. Please call 575-678-3585 or 575-678-4020 or 575-678-7866 to obtain a permit. Permits shall be requested no later than two (2) working days in advance.

Part 4 – Environmental Quality Program

4.1 Cleanup and Disposal of Waste Materials.

The Contractor shall be responsible for the cleanup and disposal of waste and debris generated during and at the completion of this project. The Contractor shall be responsible for the payment of all disposal costs, fees for obtaining permits and licenses, and transportation costs. In addition, the Contractor shall pay, at no additional cost to the Government, all fines and clean-up costs due to improper disposal or due to spills, leaks, or releases. In general, the waste and debris shall be disposed of IAW all applicable federal, State, and Local laws and regulations.

Specifically, the waste and debris shall be disposed of IAW the jurisdiction having authority, including, any disposal site outside the State of New Mexico. The Contractor shall ensure that all waste and debris is containerized IAW the U.S. Department of Transportation and the jurisdiction having authority laws and regulations. The Contractor shall ensure that all waste is containerized in a manner to prevent uncontrolled and improper spills, leaks, and releases.

4.2 Waste Hauler Requirements.

All waste haulers shall be licensed IAW the requirements specified in the appropriate New Mexico Administrative Code (NMAC) for the type of waste to be disposed of. In addition, all waste haulers are responsible for obtaining all required licenses and permits for jurisdictions outside of the State of New Mexico if crossing state lines to dispose of the waste.

4.3 Waste Disposal.

The Contractor shall dispose of all waste and debris as follows:

4.3.1 Construction waste and debris.: All construction waste, as defined by the New Mexico Environment Department (NMED) Solid Waste Bureau (SWB) shall be disposed of at an off-site location that has been permitted, by the jurisdiction having authority, to accept and dispose of construction waste and debris.

4.3.2 Municipal solid waste: All municipal type waste and debris, as defined by the NMED SWB shall be disposed of at an off-site location that has been permitted, by the jurisdiction having authority, to accept and dispose of municipal solid waste.

4.3.3 Hazardous Waste, Universal Waste, and Polychlorinated Biphenyl (PCBs): All hazardous/universal waste and PCBs shall be disposed of through the WSMR Hazardous Waste Management Center (HWMC), Building 1870 (Main Post), 575-678-4641. The COR will coordinate with the HWMC to determine if the Contractor is responsible for disposing of the waste directly or if the waste is to be turned over to the HWMC for disposal. The Contractor is responsible for containerizing and transporting the waste in accordance with the U.S. Department of Transportation (USDOT) and the jurisdiction having authority regulations for the transportation of hazardous materials. In addition, the Contractor shall be responsible for completing and managing the waste manifest whenever transporting hazardous waste/universal waste and PCBs.

4.3.4 Defense Reserve Ozone Depleting Refrigerants: Ozone depleting refrigerants (R-22) shall be turned over to WSMR Environmental through the DPW HVAC section, Building 1751 (Main Post), 575-678-1750. Cylinders shall be obtained from DPW HVAC section, and returned to the DPW HVAC section. For all other refrigerants and ozone depleting chemicals, the Contractor is responsible for proper disposal off site, including containerizing and transporting the refrigerants in accordance with USDOT and the jurisdiction having authority regulations for the transportation of refrigerants.

4.3.5 Asbestos Waste and Debris: All asbestos waste and debris shall be disposed of at an off-site location that has been permitted, by the jurisdiction having authority, to accept and dispose of the asbestos waste and debris. The Contractor shall ensure that all asbestos waste and debris is containerized and transported in accordance with the USDOT and the jurisdiction have authority regulations. In addition, containers such as roll-offs and trailers shall have rigid sides, bottoms, and tops to transport asbestos waste and debris. Containers with soft covers (e.g. tarps) are prohibited. The Contractor shall be responsible for completing and managing the asbestos waste shipment record in accordance with EPA regulation 40 CFR Part 61 and the State of New Mexico Environment Department Solid Waste Regulations.

4.3.6 Liquid, semisolid, and sludge waste: All liquid, semisolid, and sludge waste shall be disposed of at an off-site location that has been permitted, by the jurisdiction having authority, accept and dispose of the waste.

4.3.7 Waste from Portable Latrines (“Port-a-Potties”): All waste from portable latrines shall be disposed of at an off-site location that has been permitted, by the jurisdiction having authority to accept and dispose of the waste.

4.3.8 Scrap Metal: To the extent possible or if required as part of this project, scrap metal, including electrical wiring, shall be disposed of at the WSMR Metal Scrap Yard (575-678-3160 or 575-640-8522), located 3.5 miles east of Main Post. All glass shall be removed from metal windows and metal doors before transporting the scrap metal to the Metal Scrap Yard.

4.3.9 All other waste and debris not specifically noted: Dispose of all other waste and debris IAW the laws and regulations of the jurisdiction having authority.

4.4 Prohibitions.

The Contractor shall be prohibited from performing the following:

4.4.1 On-site burning or incineration of waste and debris.

4.4.2 On-site burial.

4.4.3 Dumping at locations not permitted by the jurisdiction having authority to accept and dispose of the waste and debris.

4.4.4 Use of unlicensed waste haulers.

4.4.5 Using containers that are not appropriate for the disposal of waste and debris.

4.5 Air Pollution Prevention.

The Contractor shall comply with applicable Federal, State, and Local laws and regulations concerning the prevention and control of air pollution. The Contractor shall utilize such methods and devices as are reasonably available to prevent, control, and otherwise minimize atmospheric emissions or discharges of air contaminants. For examples, equipment and vehicles that show excessive emissions of exhaust gases shall not be operated until corrective repairs or adjustments reduce such emissions to acceptable levels.

4.6 Dust Control.

During the performance of work required, the Contractor shall comply with applicable Federal, State, and Local, laws and regulations regarding the prevention, control, and abatement of dust pollution. Materials other than water used for dust control shall be approved by the WSMR Environmental Division. The Contractor shall be responsible for all damages resulting from dust originating from Contractor operations IAW the clause at FAR 52.236-7 entitled “Permits and Responsibilities.” The Contractor shall provide all labor, equipment, and materials, and shall use efficient, methods wherever and whenever required to prevent, dust nuisance or damage to persons, property, or activities, including, but not limited to crops, orchards, cultivated fields, wildlife habitats, traffic, and similar conditions.

4.7 Water Pollution Prevention.

Contractor shall control point source discharges by use of sediment and erosion controls;

wastewater and storm water management controls; construction site management practices; best management practices (BMP); and other controls; including Federal, State, and local control requirements.

4.8 Sanitary Facilities.

The Contractor shall provide a portable latrine for Contractor use. The designated restroom(s) must be properly maintained and all Contractor debris removed. The facility must be kept clean.

All liquid and solid waste from portable latrines shall be disposed at an approved off site location.

4.9 Archeological and Cultural Resources.

The Contractor shall report any inadvertent archeological or cultural resource discoveries to the COR immediately. If bone is encountered, stop digging immediately and contact the COR.

Part 5 – Contractor Quality Control

5.1 Quality Control Plan.

The Contractor shall prepare and submit a Quality Control Plan (QCP) describing the actions the Contractor will take to ensure the work meets contract requirements. See Section 8.3 for submittal requirements. The QCP shall also include the name of the Contractor Quality Control (CQC). If specific experience or qualification requirements are called for in the SOW, Plans, or Specifications, (e.g., welder qualification certificate) the QCP will document how these requirements are to be met by the Contractor. During the actual work activities, a CQC shall be on site at all times who is an employee of the prime Contractor and has authority to make decision on behalf of the prime Contractor. The Contractor shall inspect and test work to ensure that quality of materials, workmanship, construction, finish, and functional performance is in compliance with the contract requirements. The CQC shall be responsible for ensuring that all work performed meets the requirements of the contract SOW, plans, and specifications. The person identified as the CQC may also be the lead responsible for Safety upon approval by the KO (see Section 3.3).

5.2 Contractor Daily Reports.

The Contractor shall submit a daily report to the COR on the first workday following the date covered by the report. See Section 8.3 for submittal requirements. The daily reports shall have, at a minimum, the following:

5.2.1 Contractor activities for the day of the report.

5.2.2 Manpower (number of workers by trade).

5.2.3 Difficulties (including details of delays or cause which may affect quality or timely completion).

5.2.4 Instructions given by the Contractor to subcontractors.

5.2.5 Progress information including total project completion percentage (weekly)

5.2.6 Minutes of Safety Meetings (see Section 3.7).

5.3 Construction…