SOLICITATION AMENDMENT Owen Road Arroyo Crossing Repairs W911SG22B0027 0004.pdf

0011785330

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The reason for this amendment is to:

1. Update Instructions to Bidders Section 5. Time by w hich Bids are due and Section 12. Bid Content/Bidders Qualifications, h. TAB H.

DIGITALLY SIGNED DRAWINGS;

2. Update DFARS 252.236-7001, Contract Draw ings and Specif ications;

3. Incorporate RFI questions and answ ers;

4. Update List of Attachments DPW060466P Ow en Road Arroyo Crossing Repairs Draw ing W9111SG22B0027 - Rev 1;

5. Update Special Contract Requirements; and

6. Update Statement of Work Part 10 - Hazardous Building Materials Abatement All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 37

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

16C. DATE SIGNED

BY 09-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 W911SG22B0027

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

09-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:

W911SG22B0027

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTON TO BIDDERS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1. Description of the Project:

The Directorate of Public Works (DPW) at White Sands Missile Range (WSMR), NM has a new requirement to that consists of Owen Road Arroyo Crossing Repairs at WSMR, NM.

2. Instructions to Bidders:

2.1. You are invited to submit a bid in response to our Invitation for Bids (IFB) W911SG-22-B- 0027 Owen Road Arroyo Crossing Repairs, at 2:00 PM MST 20 September 2022 at Ft. Bliss, TX, Bldg 111 Rm 220.

2.2. As a result of this solicitation, the Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price.

2.3. This solicitation is set-aside 100% for Historically Underutilized Business Zones (HUBZone).

3. NOTICE OF PRE-BID CONFERENCE AND SITE VISIT:

3.1. A Pre-bid conference will be conducted on 26 August 2022 at 1:00 PM MST for the purposes of briefing on the bid requirements and answering questions regarding this solicitation. This conference will be held at the parking lot of BLDG 102 White Sands Missile Range, NM. Interested Contractors are highly encouraged to attend pre-bid conference however it is not mandatory. The site visit will be held following the conference.

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

Email the following attendees to Joreen Christian at joreen.m.christian.mil@army.mil

COMPANY NAME

POC Name and position title Telephone Number

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

3.3. Information provided at this conference or site visit shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

3.4. A record of the conference shall be made and furnished to all prospective bidders via posting at https://sam.gov/.

4. FORMAL COMMUNICATION, OFFEROR EXPLANATIONS:

Submit all questions in the format shown below by email to the contracting office to both addresses shown below. Do NOT contact DPW directly. Doing so will only delay your answer. All questions must come through the Contracting Office.

Subject Line: Reference No. SOLICITATION W911SG-22-B0027 Email: joreen.m.christian.mil@army.mil

PRE-BID INQUIRY FORMAT

Date of Bid Inquiry:

From: Company Name:

Address:

Phone Number: Fax Number:

Email address:

Bid Inquiry: (Please clearly state your question) (If sent via an attachment word docs are preferred to facilitate posting of answers to the master Q&A document.)

4.1. Any explanation desired by bidder regarding the meaning or interpretation of the solicitation, or proposals, drawings, specifications, etc. must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bid.

4.2. All questions and requests for information (RFI) must be received NO LATER THAN

1September 2022 at 1:00 PM MST. BIDDERS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONS EARLY IN THIS PROCESS. **After the due date no additional RFI’s will be answered**

4.3. Any changes to the drawings, specifications, etc. will be issued in the form of an amendment. However, any answers that clarify or provide an interpretation to the drawings, specifications, etc. will NOT be posted via amendment but rather as a response to the RFI on SAM at https://sam.gov/

4.4. Receipt by the bidder must be acknowledged in the space provided on the SF 1442 or by returning a signed copy of the amendment by the time set for receipt of bids.

4.5. All technical data related to this solicitation will be distributed using the SAM Contract

Opportunities (https://sam.gov/) system. SAM is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies. Interested bidders/offerors must register with

SAM before accessing the system.

4.5.1. Amendments, if/when issued will be posted to https://sam.gov/ for electronic downloading. This will normally be the only method of distributing amendments prior to closing;

therefore, it is the offerors responsibility to check the website periodically for any amendments to the solicitation. Websites are occasionally inaccessible due to various reasons.

5. SUBMISSION OF BIDS: ELECTRONIC SUBMISSION OF BIDS, TO INCLUDE E-

MAIL, AND FACSIMILE TRANSMISSIONS ARE NOT AUTHORIZED.

5.1. The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Bids shall not be addressed to any specific person. Any bids hand-delivered between 1:00 PM and 2:00 PM MST on the due date shall only be delivered to the bid opening room at:

MICC-Fort Bliss, Room 220 111 Pershing Rd.

Fort Bliss, TX 79916

*Note: Late receipt of bids due to entry delays may not be deemed excusable and the Contracting Officer shall declare the bid “late” in accordance with FAR 14.304.

All bids must be clearly identified with the bidder’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Invitation for Bid No: W911SG-22-B-0027 Due Date of Bids: 20 September 2022 Time by which Bids are due: 2:00 PM MST Title of Project: Owen Road Arroyo Crossing Repairs

Bidders submission shall consist of one (1) volume hard copy, physically separated with detachable parts, and individually title (to include one CD/DVD submitted). Please note no thumb drives will be accepted.

TAB TITLE ORIGINAL

(HARD COPY)

CD/DVD

COPIES

A COVER SHEET 1 1

B SF 1442/

AMENDMENTS

1 1

C TOTAL CONTRACT

PRICE

1 1

D LETTER FROM

BONDING COMPANY

1 1

E BID BOND

GUARANTEE

1 1

F SUBCONTRACTOR

LIST

1 1

G REPS & CERTS 1 1

H DIGITALLY SIGNED

DRAWINGS

1 1

Bids delivered before bid opening must be delivered in person or by mail, including, Federal Express or United Parcel Service to the address as indicated below. The date and time of delivery established by these carriers is not the official time of receipt by the Government. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by Federal Express and United Parcel Service are required to be sent to:

MICC-Fort Bliss Attention: Joreen Christian, Contract Specialist

W911SG22B0027

Bldg. 111 Pershing Road Fort Bliss, TX 79916

*Note if you will be mailing your bid please ensure you allow enough time due to possible shipping delays due to COVID-19*

Bidders must allow sufficient time to complete security screening to gain admittance to Fort Bliss, TX.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids.

6. PUBLIC BID OPENING:

The bid opening will occur at the time and date specified in Block 13 of the SF1442:

MICC-Fort Bliss, Room 220 111 Pershing Rd Fort Bliss, TX 79916

7. WAGE DETERMINATION:

Construction Wage Rates are applicable to this project NM20220035 as shown in Section 00800 and provided as separate attachment.

8. BID PREPARATION EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay costs incurred in preparation and submission of bids or for other costs incurred prior to award of a formal contract.

9. CLAUSES:

Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

10. SYSTEM FOR AWARD MANAGEMENT (SAM):

Bidder 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.

11. DISPOSITION OF UNSUCCESSFUL BIDS:

In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful bids including the bid bond.

12. BID CONTENT/BIDDERS QUALIFICATIONS:

IFB DOCUMENTS. Contract shall be awarded to the responsive/responsible prospective contractor considering only price. Before award, to be determined responsive, a prospective contractor must furnish the following information with their bid:

a. TAB A: Cover Sheet. Coversheet shall be on company letterhead and must contain your DUNS number, CAGE code, Tax ID, and authorized representative(s) who can obligate your company contractually, sign the bid, and sign, other contract actions; include telephone number with area code and complete email address for each authorized representative.

b. TAB B: Signed and completed SF 1442 along with any amendments. The SF1442 shall be submitted fully completed. The Contractor shall acknowledge any amendments to the IFB in accordance with the instructions on the SF1442. All bidders are cautioned to complete blocks 20a-20c with an original signature in block 20b. Failure to provide all of the above requirements shall render your bid nonresponsive.

c. TAB C: CLIN Price and Total Contract Amount. The Bidders shall provide page 3 of the solicitation pricing each CLIN individually and include the OVERALL contract price.

d. TAB D: Letter from Bonding Company. Letter must indicate the bidder’s ability to obtain performance and payment bonds in the amount of their bid. Failure to provide this letter shall render your bid as nonresponsive.

e. TAB E: Bid Bond Guarantee. Per FAR 52.228-1, failure to provide a bid bond guarantee per

FAR 52.228-1 shall render your bid nonresponsive.

f. TAB F: Subcontractor List. Bidders shall submit a list of proposed subcontractors as an attachment to their bid. If bidder does not intend on utilizing subcontractors (self-perform), Bidder shall state so in their bid.

g. TAB G: REPRESENTATIONS, CERTIFICATIONS. The bidder shall ensure that their business has completed an online Representations and Certifications at the System and Awards Management (SAM) website, which may be found at https://www.sam.gov/portal/public/SAM//.

It is the bidder’s responsibility to ensure that the information provided in each representation and certification is completed truthfully and completely. A bidder’s failure to complete the online representations and certifications prior to the close of the Solicitation (to include listing of the applicable NAICS code and applicable size standards) will result in their bid being deemed non-responsive and eliminated from further consideration. Bidders shall submit the representations and certifications listed in Section 00600 or provide a printed version of the documents from their corporate SAM profile. Bidder 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.

h. TAB H: DIGITALLY SIGNED DRAWINGS. Bidders shall submit a copy of signed drawings, file name: DPW060466P Owen Road Arroyo Crossing Repairs Drawing W9111SG22B0027 - Rev 1. Please note drawings shall be digitally signed. Failure to provide digitally signed drawings shall render your bid as nonresponsive.

SECTION 00700 - CONTRACT CLAUSES

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) 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 Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription 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 misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

DPW060466P Owen Road Arroyo Crossing Repairs Drawing W9111SG22B0027 - Rev 1

DPW060466P Owen Road Arroyo Crossing Repairs Drawing W911SG22B0027

(End of clause)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been added by full text:

RFI QUESTIONS AND ANSWERS

RFI QUESTIONS AND ANSWERS

Owen Road Arroyo Crossing Repairs

1. Please provide as built drawings of the existing concrete structures and gabion baskets in the project area.

ANSWER: As-built drawings are not available.

2. Can existing concrete be left in place?

ANSWER: Existing concrete shall be removed.

3. What is the location of the dump site for the asphalt?

ANSWER: Refer to Plan sheet 2 General Note 9: WSMR Hughes Reclamation Area (Main Cantonment) located at the intersection of Watertown and Hughes Ave.

4. What is the location of the borrow pits?

ANSWER: Borrow pit is located on the main cantonment, 32.3891, -106.4732, 2.5 miles from project site.

5. Can bids be turned in via FedEx?

ANSWER: Per the Instructions to Bidders Section 5, Submission of Bids, bids can either be mailed via Fed Ex, UPS, or hand delivered.

6. There is an erosion control structure on the downstream side of the existing CBC. It was mentioned at the Pre-Bid that a large portion of it was buried and unviewable. Could we get the Plans or As-Builts on that structure?

ANSWER: As-built drawings are not available.

7. The new CBC is called out to be at a 45-degree skew. According to the Pre-Cast Manufacturer they cannot Pre-Cast the CBC at a 45-degree skew, the maximum they can Pre-Cast is a 30-degree skew. Is a 30-degree acceptable to the engineer/owner?

ANSWER: A cursory internet search found at least three vendors selling precast box culverts with a 45 degree skew. CBC to remain a 45 degree skew.

8. Contingent on the skew angle the CBC boxes we could provide with 10” walls (3” gaps) would have a width of 8’ 5” wider than presented on Sheet 5 of the plans. Is this acceptable to the engineer/owner?

ANSWER: No. Contractor shall follow NMDOT Standard Drawings section 511 and Specifications for CBC with 45 degree skew.

9. Do you now when the project will be awarded? We need to know if we are going to be building the project in the monsoon season.

ANSWER: The project is to be awarded by 30 September 2022.

10. Is a hazardous material survey available? Are we to assume asbestos/lead/mold is present for bidding purposes? Or will be test after award? And if asbestos/lead/mold is found to be present will the contract be modified to compensate the contractor to abate?

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.

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

DPW060466P OWEN ROAD ARROYO CROSSING

REPAIRS

87110

White Sands Missile Range, NM

August 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. The project consist of the removal and replacement of the existing bridge, concrete lined channels and reconstruction of the roadway.

1.2 Project Location.

Work is located on Owen Rd (RR1B001) at approximately LAT: 32.4031, LONG: -106.4796, .5 miles from the main cantonment Las Cruces Gate.

1.3 Period of Performance (PoP).

All work shall be completed according to the awarded contract period of performance of no later than 300 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 270 calendar days.

Note: The total PoP shall not exceed 300 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 at the end of each month. Contractor shall utilize water standpipe located at LAT= 32.3692, long = -106.4791, Approximately 2 miles South of project. Alternate water source is located at LAT: 32.3769, LONG: -106.4787, a fire hydrant on Watertown approximately 1.85 miles South of project.

Metering of water usage shall be required and reported to the COR on a weekly basis by the amount of truck loads used per day.

1.6.2 Electric Power Service. Temporary service is not needed for this project.

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 weeks in advance of the planned starting work date. In addition, the Contractor shall inform the COR a minimum of three 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 Contracting Officer (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 Contracting Officer. 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 Contracting Officer, in writing, no less than three 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.

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, and 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 1 (one) 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 5 (five) 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 4 (four) 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 work day.

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 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.