01_11_00_Summary_of_Work__W9128F19R0043_Revised_02July2019_CLEAN.pdf

SECTION 01 11 00

SUMMARY OF WORK

1. INTRODUCTION

This is a solicitation for an Indefinite Delivery, Indefinite Quantity (IDIQ) Rapid Disaster Infrastructure (RDI) Response Multiple Award Task Order Contract (MATOC) for unrestricted contractors. The shared contract capacity of the MATOC is $999 million for an ordering period of eight (8) years: five (5) base year and one (1) three (3) year option, with an optional 6-month extension.

2. BACKGROUND

This MATOC will be executed in support of the RDI Program. It is necessary that RDI contractors be capable of administering and executing time-sensitive and cost reimbursement type projects.

3. SCOPE

This RDI MATOC facilitates time-sensitive disaster, infrastructure, and construction related activities in support of federally funded customers.

Projects will vary in size, complexity, location, and will require a high degree of flexibility and adaptability on the part of the contractor to respond quickly and effectively. The primary NAICS Code for this solicitation is 236220 – Commercial and Institutional Building Construction with a size standard of $36,500,000.00. All work will be time-sensitive in nature, necessitating an expedited response to mitigate threat to life and property and/or operational impacts to the Government.

Examples include, but are not limited to:

Security and Defense Mission Support.

Support to USACE Protective Design Center of Expertise (PDC) and other federal agencies for time sensitive construction response actions in support of Security and Defense initiatives.

Support to the Department of Homeland Security (DHS).

The DHS mission is to secure our homeland by leading the unified national effort to protect America. The DHS will prevent and deter terrorist attacks and protect against and respond to threats and hazards to the nation. Homeland Security includes, but is not limited to, protection of transportation systems, disruption of threats to installations, protection of critical infrastructure and key assets, positioning of resources to be ready for defense, and activities to ensure health and safety of the United States of America and its citizens.

Disaster Support Response.

The intent of the RDI Disaster Support Response is to provide time-sensitive construction/rehabilitation/flood risk reduction support. Projects may include, but are not limited to, roads (primary, secondary and short-term temporary fixes), bridges, irrigation systems, coastal and marine resource management and development, dams and other water related structures, electric distribution systems, water and sanitation systems schools, clinics or hospitals, emergency power and other civil engineering works.

In addition, under USACE responsibilities to FEMA, the RDI MATOC may be used to provide USACE Mission Support through the local MSCs or District Commander to address debris removal and/or unwatering activities, provided the requested services are within the scope of the contract.

Infrastructure Construction Support.

The RDI MATOCs may support various time critical infrastructure construction repair/rehabilitation projects with the most prevalent being rehabilitation of levee systems. However, infrastructure construction support may include work on other essential infrastructure facilities, such as: roads, bridges, dams, utility systems (power, water, sewer, telephone, telecommunications) railways, subways, airports, and harbors, which are publicly owned, regulated or maintained by the government. This includes work on buildings, structures or other real property, when necessary to support a larger infrastructure mission assignment.

NOTE: Each Task Order Request for Proposal will identify when the contractor must mobilize; however, emergency recovery actions may require mobilization within 24 hours of task order award. Projects may require incidental design and/or ecological/environmental, hazardous waste recovery, and munitions work.

Virtual infrastructure (such as cyber, electronic data, and information systems) will not be required under this contract, except for incidental work such as installation of a camera, etc.

This Scope also encompasses construction applications and technologies needed to support time-sensitive construction projects in various locations within the U.S. (defined as all 50 states, District of Columbia, and outlying areas).

Individual Task Orders will further define specific project requirements once identified.

3.1. TASK ORDERS

Individual Task Orders will be awarded under this MATOC using either the Tradeoff Source Selection Process or the Lowest Price Technically Acceptable (LPTA) Source Selection Process (see FAR 16.505) unless an exception applies. The process will be determined at the Task Order level and will be communicated in the Task Order RFPs.

Task Orders will be awarded as “Firm Fixed Price” (FFP), “Cost Plus Fixed Fee (CPFF),” or a combination of each contract type. Maximum Task Order award will be the remaining capacity on the MATOC.

Please note that the Government will conduct a cost realism analysis in accordance with FAR 15.404-1(d) on individual Cost Reimbursement task orders during task order source selection. The Contractor(s) will be required to provide adequate cost information during the task order source selection process in order to do that analysis.

3.2. ON-RAMP PROCEDURES

The Government may use “on-ramp procedures” to re-open competition at any time during the term of the MATOC, if such procedures are in the Government’s best interest. In the event the on-ramp procedures are used, the Government will advertise the re-opening of the competition and new awardees shall meet the criteria established in the original solicitation. The anticipated number of awards under the on-ramp procedures would also be publicized.

The on-ramp procedures will only be used if the Government is not getting adequate competition on task orders in a particular MATOC pool or the MATOC pool is no longer viable due to firms going out of business or filing bankruptcy. Current members of the MATOC pool would not be required to resubmit additional information during the on-ramp procedures.

4. APPLICABLE DOCUMENTS

The Contractor shall comply with all applicable Federal, State, and Local requirements, codes, policies, statutes, etc.

Task Orders will be performed at a variety of locations, to include civilian sites and military installations. Coordination with installation’s force protection, and other governmental entities will require the Contractor to obtain and be familiar with the appropriate and applicable documents. It is the Contractor’s responsibility to identify and comply with all applicable requirements. Applicable documents may include, but are not limited to: Unified Facility Criteria (UFC), International Building Code (IBC), National Fire Protection Association (NFPA), and the National Electric Code (NEC). When specified by Task Orders (TOs), the Contractor will also be required to follow military construction criteria.

5. ENVIRONMENTAL REQUIREMENTS

The Contractor shall be cognizant of all appropriate environmental laws, regulations, and guidelines. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer or Contracting Officer’s Representative (COR). A COR will be approved by the Contracting Officer and identified in each task order.

5.1. GENERAL

5.2. PERMITS/APPROVALS

The Contractor shall investigate requirements and obtain all applicable permits, licenses, approvals, certificates, etc., necessary to accomplish the work specified in the individual Task Orders. The Contractor shall notify the Contracting Officer or Contracting Officer’s Representative of any delay in obtaining the necessary permits or approvals.

5.3. TREATMENT STORAGE AND/OR DISPOSAL OF HAZARDOUS MATERIAL

Under this RDI MATOC, Treatment Storage and/or Disposal of Hazardous Materials must be incidental. The Contractor shall ensure on-site management, transportation, storage, treatment, and disposal of all hazardous/special waste materials complies with all applicable federal, state, and local laws and regulations.

6. SAFETY AND HEALTH

See Section 01 35 26 Governmental Safety Requirements. Individual Task Orders may contain additional requirements.

7. MANAGEMENT AND REPORTING INSTRUCTIONS

7.1. WORK PLAN (WP)

Immediately following Task Order award, the Contractor will submit a WP. The WP must be approved by the Government prior to start of on-site activities. Any deviation from the approved plan must be approved by the Contracting Officer or authorized representative. The WP should fully describe activities that will be performed by the Contractor and shall contain, at a minimum, the following:

• A Statement of work and objectives to be accomplished

• A description of project implementation, to include the method of operation, type of equipment, personnel required, and other special considerations

• A schedule that identifies requirements necessary to complete the required work, in addition to key milestones

• Permits, licenses, certificates, and other pertinent compliance documents

• An organizational chart and a roster of Key Personnel and their responsibilities

7.2. WORK BREAKDOWN STRUCTURE (WBS)

For each Task Order, the Contractor shall prepare and submit for approval a WBS compatible with the Construction Specifications Institute (CSI) format for construction activities. The approved WBS shall be used to report the cost and schedule statuses of all required tasks.

7.3. INTEGRATED MASTER SCHEDULE (IMS)

The Contractor shall prepare and submit an IMS for approval. The IMS shall be in the form of a Gantt chart and shall include a Critical Path Method (CPM) analysis. The schedule shall be resource-loaded and correlated to the approved

WBS.

7.4. CONTRACTOR’S PROGRESS, STATUS, AND MANAGEMENT REPORT (CPSMR)

The Contractor shall prepare and submit a CPSMR. The CPSMR shall be used by the Government to review and evaluate the progress of work and to identify existing or potential problem areas. The Contractor shall report progress and document all key events on a weekly basis. The CPSMR shall include a summary of the events that occurred during the reporting period, and shall discuss performance, identifying problems and proposed solutions, corrective actions taken, and unresolved issues.

7.5. COST PERFORMANCE REPORT (CPR)

The Contractor shall implement and maintain a performance measurement system to support the gathering of cost and schedule data, for the purpose of determining program status. The approved WBS shall be used for reporting cost. The

CPR presents the baseline against which actual cost and schedule performance is measured. Submittals shall include appropriate cost figures and related data necessary to accurately ensure daily project costs and schedule status. This report shall go beyond the usual reporting of ‘Expenditures to Date’ and ‘Estimated Cost to Complete’ by establishing earned value factors. This will ensure that the project stays on budget and schedule. From these figures the Contractor shall develop time-phased spending curves that correlates work progress and the rate of expenditure. The CPR shall be submitted weekly.

7.6. RDI PROGRAM COST REIMBURSEMENT PRINCIPLES AND PROCESSES

Principles:

• An ability to accurately track all costs on a daily basis and perform reasonable forecasts is paramount to the integrity of cost reimbursable contract management. Without this ability, there is significant damage to the viability of the program.

• If costs are not tracked accurately or are omitted, those errors must be brought to the attention of the appropriate USACE representatives immediately for appropriate resolution.

• Cost reimbursable contracts require procurement strategies to maintain expectations for cost, schedule, quality, and safety. For example, the prime contractor may need to self-perform higher risk elements of work under the cost reimbursement provisions and have subcontractors perform the well-defined/low risk elements of work under firm fixed price subcontracts.

Processes:

• Project specific coordination will be held frequently (oftentimes on a daily basis) to support timely decision making. The contractor, and selected subcontractor representatives, shall participate in the coordination to support needed decision making.

• Daily Decision Making. Daily planning and execution will be reviewed by appropriate representatives from

USACE and frequently within on-site command posts. Further, the project will be managed and administered through daily work projections, daily cost reports, daily Quality Control Reports (QCRs) daily planning documents, and other deliverables necessary to perform the mission.

• The RDI contractor shall adhere to the following RDI processes, which are not inclusive of all contract management and administration and other contract requirements:

1. Daily Work Projections

a) Coordination meetings occur between USACE and Contractor.

b) Contractor develops Work Projection Documents (WPDs) (reference Attachment 1) for both Home and

Field offices.

c) Contractor submits WPDs to USACE.

d) USACE reviews WPDs and identifies any issues and/or concerns.

e) Contractor and USACE resolve issues and/or concerns at the Field Level or request resolution from the

Contracting Officer.

f) Contractor executes/procures work.

2. Change Management (fee bearing change):

a) In-Scope differing site condition is discovered.

b) Contractor notifies the Contracting Officer IAW clause 52.236-2 and holds meeting with USACE to discuss plans and resource requirements.

c) Contractor develops plan.

d) Contractor submits to USACE COR and Contracting Officer (KO).

e) USACE reviews plan.

f) The KO issues written direction.

g) Contractor executes/procures change items.

3. Change Management (non-fee bearing):

a) In-Scope non-material differing site condition is discovered.

b) Contractor holds meeting with USACE to discuss plans and resource requirements.

c) Contractor develops plan.

d) Contractor submits plan to USACE COR and KO.

e) USACE reviews plan.

f) Contractor executes/procures change items.

4. Invoicing:

a) Contractor reconciles approved costs.

b) Contractor develops invoice.

c) Contractor submits invoice.

d) USACE reviews and approves invoice.

e) USACE makes payment.

f) Contractor manages unallowable/unreasonable costs that are billed by providing credit on subsequent invoice.

5. Cost Tracking/Forecasting:

a) Contractor uses its Cost Accounting System which is adequate for determining costs applicable at the task order level in accordance with FAR 16.301-3.

b) Contractor develops cost report.

c) Contractor submits cost report to USACE.

d) USACE reviews cost report.

e) Contractor develops cost forecast based on costs incurred.

f) Contractor manages cost overruns/underruns (errors) accordingly and in concurrence with USACE KO guidance.

g) Personnel who are authorized to expense money on cost reimbursable contracts must be identified and authorities clearly identified so that timely decisions are made so the project is not adversely impacted.

Further, the Government must be informed about spending decisions since it is responsible for reimbursement of all allowable, allocable, and reasonable costs.

6. Meetings

a) The Contractor shall attend and participate in required meetings as stated in the task orders. Examples include: project meetings, pre-construction conferences, and post-award meetings, in addition to other meetings the Government considers necessary to support project activities. In addition, the Government may conduct site visits although any attendance at the site visit would be at the Contractor’s expense.

b) The Contractor may also be required to participate in support meetings and teleconferences for the purpose of discussing technical issues, project progress, and status.

c) The Contractor shall prepare and submit for review agendas and presentation materials for such meetings.

The Contractor may be required to prepare minutes for meetings attended.

d) Specific requirements will be addressed in each Task Order.

7.7. PERSONNEL AUTHORIZED TO EXPENSE MONEY

Personnel who are authorized to expense money on cost reimbursable contracts must be identified and authorities clearly identified. The Government must be included in spending decisions since it is responsible for reimbursement of all allowable, allocable, and reasonable costs.

7.8. PLANS, REQUIRED

• Work Plan (Section 6.1)

• Site Safety and Health Plan (Section 01 35 26 General Safety Requirements)

• Quality Control Plan (Section 01 45 00.00 10 Quality Control)

7.9. REPORTS, REQUIRED

• Design Drawings/Specifications per Task Order

• Site/Project Summary

• Shop Drawings and/or As-Built Drawings

• Survey Reports per Task Order basis

• CPSMR

• CPR

8. QUALITY MANAGEMENT (QM)

Quality Management (QM) refers to the combined QC/QA effort. The specific requirements for Contractor QC will be identified in the project Task Order. See Section 01 45 00.00 10 Quality Control.

9. CONSTRUCTION WITH INCIDENTAL DESIGN

The RDI Contractor shall manage and perform construction with incidental design work as defined in the Task Order.

The following are typical “construction with incidental design” Task Order requirements: work performed under design memorandums, completion of working drawings, permitting, construction management, scheduling, inspection and testing, environmental protection coordination, construction quality control, technical reach-back for applicable construction activities, and project closeout.

10. ORGANIZATIONAL STAFF/STRUCTURE

10.1. GENERAL

The Contractor shall be capable of efficiently and effectively executing all RDI Task Order requirements.

10.2. VETERAN’S EMPLOYMENT EMPHASIS FOR USACE CONTRACTS

In addition to complying with the requirements outlined in FAR Clause 52.222-35, Equal Employment Opportunity for Veterans, all contractors, and subcontractors at all tiers, are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. However, no set-aside, evaluation preference, or incentive is applicable with regard to this paragraph.

The following resources are available to assist USACE contractors in their outreach efforts: Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx.

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs - VOW to Hire Heroes Act http://benefits.va.gov/vow/

10.3. OPERATIONS OFFICE

The Contractor shall establish an RDI Operations Office in which it will manage the RDI program and contract operations (see Paragraph: "Program Manager/Operations Manager"). The location of this office is at the discretion of the Contractor. Other functions of this office may include but are not limited to:

• Accounting and record keeping.

• Administration and management of Government-owned property acquired or operated by the http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/

Contractor under this contract.

• Quality control training and oversight necessary to ensure compliance with construction and environmental measures and RDI contract requirements.

• Billing of progress payments.

• Processing of submittals, RFP’s, and invoices.

10.4. KEY PERSONNEL/POSITIONS

Persons identified as “Key” by the Government are mandatory positions and shall not be replaced without notifying the Contracting Officer. Should it become necessary to replace the key management personnel, the Contractor shall provide a written request stating the reasons for the change and listing the name and qualifications of the proposed replacement to the Contracting Officer for approval. The Offeror shall obtain the Contracting Officer's written consent before making any substitutions for these designated personnel. Personnel shall meet or exceed the qualifications listed below:

10.4.1 Accounting Manager

The Accounting Manager is responsible for ensuring that invoicing, billings, and related activities are performed in accordance with contract requirements, specific task order agreements, and contract management procedures (CMP’s). The Accounting Manager shall be experienced and responsible in all of the firm’s activities related to Procurement, Wage Rate Determinations, Government property, Subcontracting goals compliance, and compliance with applicable Federal, state, and local laws and regulations.

Qualifications:

The Accounting Manager shall have the following minimum qualifications:

*A college degree including or supplemented by a minimum of 24 semester hours in accounting, economics, business law, procurement, or management related curriculum; or certification as a Certified Professional Contracts Manager (CPCM) by the National Contracts Management Association.

*Four (4) years of Government accounting/billing experience in a position of increasing complexity and responsibility.

*Knowledge of Government fiscal law.

*Shall be employed directly by the Prime Contractor.

10.4.2 Program Manager/Construction Operations Manager (PgmM/COM)

The PgmM/COM is responsible for the successful and efficient management of the contract and for the efficient construction work completed under the RDI Contract. The PgmM/COM is responsible for developing, implementing, and managing the quality control program and will ensure that Government quality and environmental requirements are achieved. The PgmM/COM will manage subcontracts, manpower, equipment, and other resources, and will ensure that Safety is the number one priority at jobsites.

The PgmM/COM shall be competent, experienced and knowledgeable in management of the construction-specific activities identified in this contract, and shall designate a Site Manager for each Task Order who shall be responsible for all on site management of construction duties per Task Orders. The PgmM/COM is the point of contact for the Government for this contract and the person the Contracting Officer contact to address either programmatic issues with the contract or site-specific issues that require higher level corporate involvement.

The PgmM/COM shall have the following minimum qualifications:

*A bachelor’s degree in engineering, construction management, geology, chemistry, or architecture.

*Four (4) years experience in Program Management, Construction Operations, or Contract Management.

*Experience with applicable Federal, state, and local construction laws and regulations and Federal labor laws.

*The ability to effectively communicate and manage customer expectations.

*The ability to locate, coordinate, and utilize resources.

*The ability to effectively manage subcontracts and cost reimbursable contracts.

*Shall be employed directly by the Prime Contractor at the time the proposal is submitted.

10.4.3 Corporate Quality Control Manager (QCM)

The QCM shall have experience in development and oversight of corporate quality control programs and processes relevant to scope of work. The QCM is responsible for the development, implementation, oversight and enforcement of the firm’s Government approved QC program.

The Corporate Quality Control Manager shall have the following minimum qualifications:

*A bachelor’s degree in engineering, construction management, geology, chemistry, or architecture.

*Four (4) years experience in developing and implementing effective Quality Control programs with a construction focus.

*Expert knowledge of the USACE Quality Assurance/Control requirements and processes.

10.4.4 Corporate Safety and Health Manager (SHM)

The Corporate SHM shall be responsible for the development, implementation, oversight and enforcement of the firm’s health and safety program.

The Corporate Safety and Health Manager shall have the following minimum qualifications

*The Corporate SHM shall be an Industrial Hygienist certified by the American Board of Industrial Hygiene, or a Safety Professional certified by the Board of Certified Safety Professionals.

*Four (4) years experience in developing and implementing safety and health programs for construction operations.

*Experience supervising professional and technician level personnel; developing worker exposure and monitoring programs; and managing personal protective programs.

*Experience with state and Federal occupational safety and health regulations and statutes.

*Expert knowledge of the USACE Safety and Health Requirements, EM 385-1-1 Manual, through documented experience construction operations contracted under the USACE, Naval Facilities Engineering Command, or other Department of Defense entities requiring the use of the EM 385-1-1 manual.

*Shall be employed directly by the Prime Contractor at the time the proposal is submitted.

10.4.5 Procurement Specialist

The procurement specialist is responsible for identifying, planning, procuring, and managing equipment and materials required for each project. The Procurement Specialist will identify suppliers for materials and equipment; negotiate prices with suppliers, obtaining the best prices available, given project constraints such as geography and schedule; arrange for shipping/delivery/returns; ensure items delivered are of the type, quality, and serviceability agreed to; establish and maintain an adequate inventory of required materials; ensure invoices are complete and accurate; control equipment and materials costs and avoid waste; additional procurement activities, as directed. Work to be performed in accordance with all applicable FAR requirements.

*Three (3) years experience in procurement activities of the type described above, for construction projects.

*Knowledge, experience, understanding of federal procurement guidelines is a requisite *Shall be employed directly by the Prime Contractor

10.4.6 Response Manager/Project Manager (RM/PM)

The RM/PM will plan and coordinate all activities required to comply with Task Order requirements in close coordination with USACE representatives. The RM/PM shall promptly report all obstacles to mission achievement. The RM/PM will also: coordinate submittals and other deliverables; provide administrative support, supervision, and management of Contractor personnel, equipment, and materials; and provide USACE with progress, financial, and other reports deemed necessary by the Government.

A RM/PM shall be appointed by the PgmM/COM for each RDI Task Order awarded. The PgmM/COM shall furnish the RM/PM’s qualifications, experience and performance to the Contracting Officer for approval. The RM/PM shall be the point of contact for the Task Order, and shall be responsible for the management and execution of all construction activities in accordance with the approved statement of work, Contractor's approved submittals and all applicable Federal, state, and local laws and regulations.

The RM/PM shall have the following minimum qualifications:

*Four (4) years working experience as a RM/PM in the construction industry, with emphasis on swift and time-sensitive construction related response actions.

*Experience with applicable Federal, state, and local construction laws and regulations *The ability to effectively communicate and to assist in management of customer expectations *Shall be directly employed by the Prime Contractor.

10.4.7 Engineer

The Engineer should be able to effectively specify, procure, and work with the procured engineering services and also be able to work with USACE engineering staff both in the field and at the District. The Engineer should also be able to challenge and verify validity of the provided Design-Bid-Build designs for Firm Fixed Price task orders.

The Engineer shall have the following minimum qualifications:

*A Bachelor of Science in Engineering from a college or university accredited by the U.S.

Department of Education.

*Four (4) years working experience as an engineer in the construction industry *Experience with applicable Federal, state, and local construction laws and regulations *The ability to effectively communicate and to assist in management of customer expectations *Shall be directly employed by the Prime Contractor.

10.5. FIELD PERSONNEL

10.5.1 Accounting/Financial Analyst

Responsible for specific Task Order financial management to include project set- up in the company accounting system, voucher preparation (with complete backup), and financial closeout. The Accounting/Financial Analyst shall be experienced in, and responsible for, all of the firm’s activities related to financial management, internal time keeping, travel and per diem, and invoicing /billing. The analyst is responsible for company compliance with Federal accounting and financial regulations.

Qualifications:

The Accounting/Financial Analyst shall have the following minimum qualifications:

*Associates degree or two (2) years equivalent experience in accounting, economics, business law, procurement, or management related curriculum.

*Two (2) years of experience in a position of increasing complexity and responsibility including cost reimbursement requirements.

*Working knowledge of the FAR.

*Shall be employed directly by the Prime Contractor.

10.5.2 Onsite Project Cost Tracker (PCT)

As part of site administration requirements for cost reimbursement Task Orders, the contractor may be required to provide daily on-site cost tracking. The PCT’s duties include daily tracking of all costs and maintenance of supporting documentation; utilization of schedules to project funding needs; reporting of variations once actual funding amounts are known; and reconciliation of home office and jobsite financial management records.

Qualifications:

The Onsite Project Onsite Project Cost Tracker shall have the following minimum qualifications:

*Four (4) years’ work experience in the construction industry, with emphasis on project cost tracking for cost reimbursable contracts/task orders.

*Working knowledge of the FAR.

10.5.3 Site Superintendent

The project superintendent is the highest level manager on a project site, and is responsible for the overall construction activities at the site, including quality and production is the project superintendent. The project superintendent shall maintain a physical presence onsite at all times and is responsible for all construction and related activities at the site.

The Site Superintendent shall have the following minimum qualifications:

*A 4-year degree in Construction Management, or a related field, or ten (10) years of experience as a Superintendent on projects with a similar scope and size *Working knowledge of cost-reimbursement task orders.

10.5.4 Quality Control Specialist (QCS)/ CQC System Manager

The QCS is the task order level individual responsible for implementation of the Contractor's Quality Control Plan and Government quality control requirements, to include a thorough implementation of the 3-phase quality control process. This individual shall be employed by the Prime Contractor and must be physically present on-site at all times during construction.

Qualifications:

* Five (5) years of experience as a QCS on projects with a similar scope and complexity of the task order.

*Completion of the Construction Quality Management (CQM) for Contractors course.

10.5.5 Site Safety and Health Officer (SSHO)

The SSHO is the task-order level individual who establishes, approves, maintains, and monitors the Contractor's safety program and Accident Prevention Plan, and who is responsible for ensuring the Contractor complies with all Government safety requirements.

Qualifications:

Training, experience, and qualifications meeting requirements of with EM 385-1-1 Section 01.A.17, and all associated sub-paragraphs.

Appointment of SSHO:

For firm fixed price task orders, the Contractor shall submit a resume to the Administrative Contracting Officer (ACO), or to a person designated by the ACO or Contracting Officer, a resume for the proposed SSHO and an accompanying request to appoint the individual to that position, no later than one week after task order award.

For cost reimbursable task orders, the Contractor shall submit a resume to the Contracting Officer, or to a person designated by the Contracting Officer, a resume for the proposed SSHO and an accompanying request to appoint the individual to that position, no later than one week after task order award.

The Government reserves the right to reject any request if it determines that the individual does not meet the qualifications set forth in the task order or is otherwise unsuitable for the position. The Contractor shall not appoint an individual to this position without approval of the Contracting Officer.

Unless otherwise allowed by task order or the Contracting Officer, the SSHO may not be "dual hatted," i.e., serve in more than one position, nor shall SSHO be assigned to any other duties aside from those inherent in their position, nor to any other projects. An Alternate SSHO may be appointed by the Contractor using the same processes and criteria describe above. An Alternate SSHO shall have qualifications and experience meeting or exceeding those of the primary individual appointed to that position. No individual may serve as an Alternate SSHO if serving in that capacity would result in dual-hatting, as described above.

11. PROJECT CLOSEOUT

11.1. WARRANTY

The Contractor shall complete all inspections and commissioning requirements prior to Final Inspection. All warranties for firm fixed price task orders shall be issued in conjunction with the Final Report. Extended warranties offered by the Contractor and its subcontractors or suppliers may be accepted at the Government’s discretion. See Section 01 78 36.00 24 Warranty of Construction.

11.2. FINAL REPORT

For Task Orders, a draft copy of the Project Final Report shall be submitted 30 days after completion of the field work for each Task Order. The report shall include a summary of the work performed and all project documentation. The exact format and requirements will be specified on a Task Order basis.

12. PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS (MAY

2006) In connection with this contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted proposal. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted proposal to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted proposal or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

13. GOVERNMENT-FURNISHED SPECIFICATIONS, DRAWINGS, SURVEYS, AND

SPECIFICATIONS IN THE REQUEST FOR PROPOSAL (JUL 2002)

This is to clarify DFARS 252.236-7001, Contract Drawings and Specifications, refers to any Government-furnished design or design criteria included in the Request for Proposal (RFP).

14. GOVERNMENT-FURNISHED SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL

2003) This is to clarify FAR 52.236-21, Specifications and Drawings for Construction, refers to any specifications and drawings furnished in the Request for Proposal (RFP). The term "specifications" refers to the design criteria or scope of work, in addition to any attached specifications.

15. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN (MAY 2002)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the Work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contact, shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of these services furnished under this contract.

(d) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_232.htm#P784_58963 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1416_250291

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

16. WARRANTY OF DESIGN (MAY 2002)

(a) The Contractor warrants that the design shall be performed in accordance with the contract requirements.

Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of special contract requirement 52.236-5004, Responsibility of the Contractor for Design.

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statute of Limitations and Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

17. AWARD TO SUCCESSFUL OFFEROR

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

18. DEVIATING FROM THE ACCEPTED DESIGN (JUN 2002)

(a) The Contractor must obtain the approval of the Designer of Record and the Government’s concurrence for any Contractor proposed revision to the professionally stamped and sealed and Government reviewed design, before proceeding with the revision. The Government reserves the right to disapprove such a revision.

(b) The Government reserves the right to non-concur with any revision to the design, which may impact furniture, furnishings, equipment selections or operations decisions that were made, based on the reviewed design.

(c) Any revision to the design, which deviates from the contract requirements (i.e., the RFP and the accepted proposal), will require a bilateral modification (e.g. supplemental agreement) to the contract before any work commences.

(d) Unless the Government initiates a change to the contract requirements, or the Government determines that the Government furnished design criteria are incorrect and must be revised, any Contractor initiated proposed change to the contract requirements, which results in additional cost, shall strictly be at the Contractor's expense.

(e) The Contractor shall track all approved revisions to the reviewed and accepted design and shall incorporate them into the as-built design documentation, in accordance with agreed procedures. The Designer of Record shall document its professional concurrence on the as-builts for any revisions in the stamped and sealed drawings and specifications.

19. OMBUDSMAN (22 SEP 2017)

Task and Delivery Order Ombudsman. IAW FAR 16.505(B)(6) referring to FAR Part 16 "Ordering". The head of the agency has designated a task-order contract and delivery-order contract ombudsman. The ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman is a senior agency official who is independent of the contracting officer and may be the agency's competition advocate.

Colonel Robert J. Micelli Task and Delivery Order Ombudsman US Army Corps of Engineers 441 G. Street, N.W.

Washington D.C. 20314-1000 Phone: 202-761-4707 E-Mail Robert.J.Micelli@usace.army.mil (End of clause)

20. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

Attachment 1: Work Projection Document (Sample)

Work Projection Document

Primary Contractor's Name:

Contract Number:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/49.htm http://140.194.76.129/publications/eng-pamphlets/EP_1110-1-8/toc.html http://140.194.76.129/publications/eng-pamphlets/EP_1110-1-8/toc.html http://140.194.76.129/publications/eng-pamphlets/EP_1110-1-8/toc.html http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/31.htm#P110_20693 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/31.htm#P955_163934 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/31.htm#P955_163934

Site Name & Location:

Report #: Delivery Order #: Date:

Subcontractor(s):

Government agencies on-scene:

INSTRUCTIONS

The contractor shall attach this form to the rapid response quality control daily report and it shall be submitted daily at the close of business to the on-site USACE representative. Concurrently, the contractor shall provide electronic access to the completed forms to the USACE district office and the area office.

1. Description of work to be performed by contractor(s), with an estimate of the percentage to be completed:

2. Number of personnel working on the project (both on-site and off-site):

Home Office:

Program Manager/Construction Operations Manager (PM/COM): __________

Others (specify):

Field Office:

Site Superintendent: ___________

Accounting/Financial Analyst:_________

On-site Project cost Tracker:___________

QC Specialist/CQC Manager:__________

SSHO:_________________

Engineers:______________

Technicians:_____________

Geologists:______________

Chemists:_______________

Operators:_______________

Laborers: ________________

Others (specify):

WORK PROJECTION DOCUMENT - CONT'D.

3. Planned Equipment and expendable materials:

Item Quantity Duration Item Quantity Duration

4. Tests and/or inspections to be performed (indicate type and location):

5. Additional comments/remarks:

6. Certification: I CERTIFY THAT THE ABOVE WORK HAS BEEN REVIEWED BY THE ON-SITE

USACE REPRESENTATIVE AND THE WORK EFFORT IS WITHIN THE SCOPE OF THE PROJECT

AND IS IN THE PERFORMANCE OF THE ABOVE-CITED CONTRACT.

On-site USACE representative

WORK PROJECTION DOCUMENT - CONT'D.

7. I ACKNOWLEDGE RECEIPT OF THIS WORK ORDER AND UNDERSTAND THAT ANY

MODIFICATION TO THE WORK ORDER MUST BE IN WRITING AND REVIEWED BY THE PROPER

GOVERNMENT REPRESENTATIVE. FURTHER, ANY CHANGES TO THE SCOPE OF THE PROJECT

SHALL BE APPROVED BY THE CONTRACTING OFFICER.

Contractor's representative