Divison_1_GR__W9128F19R00_7-2-2019.pdf
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- Attached to
- RFP- $999M RDI #2 UNR IDIQ MATOC Federal contract opportunity
- Solicitation number
- W9128F19R0043
About this file
This is a pre-solicitation notice for an indefinite delivery, indefinite quantity multiple award task order contract with a total shared capacity of $999 million over eight years. The contract will facilitate time-sensitive disaster, infrastructure, and construction projects for federal customers requiring a rapid response. Examples of work include security and defense mission support, disaster response such as roads and bridges, and infrastructure repair for items like levees. The primary NAICS code is 236220. Task orders may be firm-fixed price or cost-plus-fixed-fee depending on risk. Mobilization for emergency recovery actions could be within three days of notification. Incidental design, environmental work, hazardous waste activities, and munitions tasks may be required. Work is for all 50 U.S. states and territories. The solicitation is expected to be issued on or around July 5, 2019.
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Text version
Section 01 12 00
SECTION 01 12 00
CONSTRUCTION GENERAL
04/07
PART 1 GENERAL
1.1 SCOPE
The work covered in this section is outlined as a statement of construction requirements common to all the work. Specific requirements for materials and installations are provided under the Technical Sections herewith. No claims for extras shall be made on account of items presumed to have been omitted from this section.
1.2 CONSTRUCTION RIGHT-OF-WAY
The Contractor will be assigned working areas or working right-of-way limits for use in the prosecution of work under this contract, subject to FAR 52.236-10. The Government will obtain easement on private property, unless otherwise specified in the task order.
1.3 PROTECTION OF EXISTING FACILITIES AND WORKS
The Contractor shall be responsible for the protection of the work area from damage and upon completion of the work shall leave existing works in a condition equal to that which existed when the work started. All work, storage of materials, and construction plant shall be kept within the limits of the areas assigned. Prior to construction operations, the Contractor shall confer with the Contracting Officer's representative to determine the proximity of any possible under-ground obstructions, pipe or equipment which could be damaged as a result of construction operations. Existing utility lines that are shown on the drawings or the locations are otherwise made known to the Contractor shall be protected from damage, and if damaged, shall be repaired by the Contractor at no additional expense to the Government. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which have not been made known to the Contractor, report thereof shall be made immediately to the Contracting Officer. If the Contracting Officer determines that repairs shall be made by the Contractor, such repairs will be ordered FAR 52.243-4.
The Contractor will be responsible for the protection of structures from any structural damage during the construction operations. Roads and surfaces shall be protected from damage by the work or if damaged shall be repaired with equal materials at no additional expense to the Government. At all times the plant and work areas shall be kept in a condition conducive to safety of workmen and the public and neat in appearance. Waste or surplus materials shall not be allowed to accumulate in the construction areas.
1.3.1 Protection of Appurtenances from Bituminous Material Applications
It shall be the responsibility of the Contractor to cover and protect the surfaces of roadway appurtenances, structures and installations by approved methods in advance of any bituminous material application adjacent thereto.
Damages or defacement thereof shall be corrected as directed, by and at the expense of the Contractor.
1.3.2 Interruption of Electric Power
If it is necessary to cut off power in transmission lines that pass through construction areas, it shall be the Contractor's responsibility to make the necessary arrangements with the owner of the powerline, and the Contractor shall pay all costs therefore.
1.3.3 Flood Protection Works
In all cases where materials in the existing flood protection works are used or connected with the construction of new work under this contract, the work shall be so planned and executed that the new work shall be completed to provide protection equivalent to the existing protection as the existing protection is weakened or removed. These operating restrictions shall be followed in order that the new work may be tied in, or connected promptly, by the Contractor, with the existing facilities so as to furnish a continuous service in an emergency. These ties or connections shall be made during periods of suspended construction operations and the Contractor shall leave incompleted pipe outlets and other structures in such conditions as to not interfere with the natural drainage from areas served by these pipes or structures.
1.3.4 Dust Control and Removal
Special measures shall be taken to minimize air-borne dust in work areas.
Dust shall not be allowed to accumulate about the powerhouse in general.
Return air ducts for heating, ventilating and air conditioning shall be blocked, where practicable, or equipped with filters in areas where dust is being produced or agitated. Removal of dust shall be by sweeping with dust wetted down or overlain with sweeping compound, or by vacuum cleaner as approved. Where air-borne dust in objectionable amount is unavoidable, equipment, which contain commutators, contactors, bearing, etc., shall be covered. Adequate air filters shall be provided in covers over equipment which requires circulation of air while operating. Dust shall be removed daily on a continuing basis during the life of this contract. Dust shall be removed as directed from the interior of equipment housed in cabinets by method approved by the Contracting Officer.
1.4 CARE OF WATER
Full responsibility for care of water shall be borne by the Contractor until completion of work under this contract. The Contractor shall provide the materials and equipment and perform all work necessary to facilitate construction and to protect the work from damage by water. The Contractor shall make his own investigations and determinations of conditions, both existing and anticipated concerning care of water. Plans for care of water are subject to approval by the Contracting Officer prior to construction.
Facilities shall be removed upon completion of the work.
1.5 PROJECT SURVEY AND LAYOUT
In addition to the requirements of FAR 52.236-17 Layout of Work, the contractor shall provide a licensed land surveyor to check initial project control, and to provide and set hubs for project construction. The contractor shall use (and reference in all as-built data) project stationing as described on the contract drawings. In addition, a licensed land surveyor shall provide final project embankment survey (i.e. to include major breakpoints, riverward toe, profile, top of levee at riverward/landward and landward toe) prior to placement of surfacing for government review and approval. If applicable a licensed land surveyor shall also provide, set and verify as built condition of major flood control structures/features; i.e. flood wall control. These surveys shall provide and verify both horizontal and vertical project control. This survey shall be used for final as-built embankment profile and cross section, and major flood control structure records, and recorded on the as-built condition in accordance with Section, As-Built Drawings.
The contractor may utilize his own quality control personnel to provide interim surveys for quantity determination for payment in accordance with paragraph entitled Quantity Surveys (Apr 1984).
1.6 DISPOSITION OF CONSTRUCTION FACILITIES
All buildings and facilities constructed by the Contractor shall be maintained in a satisfactory condition with strict observance of the rules of sanitation, safety and order as may be established by the Contracting Officer. Prior to final payment under the contract, all buildings and facilities constructed by the Contractor for his own use shall be removed from the site by the Contractor.
1.7 ACCESS ROADS AND HAUL ROADS
1.7.1 Access Roads
Access roads as required for the prosecution of the work shall be maintained (including sprinkling for dust control, safety personnel, signals and control) within the work areas assigned to the Contractor. Consideration shall be given to the avoidance of interference with others, safety and frequency of traffic, subject to review and approval prior to construction.
Access road areas shall be restored to their original or suitable condition upon completion of this contract. The Contractor shall be responsible for repair of damage to existing roads caused by his operation.
1.7.2 Haul Roads
The Contractor shall construct haul roads as may be necessary for the conduct of the work without additional cost to the Government. The Contractor shall arrange his hauling operations so as to cause a minimum interference with traffic and shall furnish flagmen and other facilities as required to avoid additional hazards to the public. Lines, grades and widths for haul roads, shall be selected to fulfill the requirements for safe and efficient hauling operations and shall be approved by the Contracting Officer prior to construction. Haul roads shall have ample width to provide safety. Preference shall be given to one-way haul roads when these are feasible. All roads shall be maintained in original as-built condition during all periods of their use. Roads shall be sprinkled whenever, in the opinion of the Contracting Officer, control of dust is necessary to insure safe movements of construction traffic. Upon completion of work under this contract, roads shall be disposed of as directed by the Contracting Officer. All signs, culverts, guards, fences and other improvements on roads constructed for the Contractor's convenience and operations shall be removed from the project site and shall remain his property. Use and repair of existing roads and bridges shall be subject to the requirements of local authorities. Prior to start of hauling operations on public roads, the Contractor shall furnish written evidence to the Contracting Officer that an agreement has been consummated with State and
County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.
1.7.3 Joint Use of Transportation Facilities
The Contractor may use jointly with contractors and others, existing access and haul roads constructed by the Government or by others. Unless otherwise specifically authorized in writing, the Contractor will not be granted exclusive use of any access or haul road whether it be an existing road or one constructed by the Contractor. However, the use by others of roads constructed by or assigned to the Contractor primarily for his own use will be limited by the Contracting Officer to the minimum considered consistent with efficient prosecution of the work under this and other contracts in force. Maintenance of jointly used facilities shall be shared in proportion to use. In the event of a disagreement between this Contractor and others as to the use of any road, the decision of the Contracting Officer shall be final. The Contractor shall not obstruct any existing road on the land controlled by the Government.
1.7.4 Waterway Crossings
The Contractor shall construct approved crossings where hauling is to be done across waterways with adequate openings for drainage and streamflow.
Structures for crossings shall be safe for all operating equipment and vehicles and shall be adequate for drainage and flow of the waterway. After haul for construction has ceased, the structures constructed by the Contractor shall be removed and disposed of as directed.
1.7.5 Ramps
Ramps shall be provided and maintained for access of hauling equipment into excavation and waste areas. Locations, grades and width are subject to review and approval by the Contracting Officer prior to construction.
1.7.6 Drainage
The Contractor shall provide and maintain ditches, dikes and other facilities within and adjacent to the work areas to direct the surface and subsurface flow of water away from abutting private property and work in place or under construction by this and other contracts. The design, location, type and size of drainage facilities are subject to review and approval by the Contracting Officer prior to construction.
1.8 PUBLIC ROADS
1.8.1 Road Closure
One lane of the road must remain open at all times. The Contractor will follow all traffic requirements for closing one lane at a time, allowing traffic to pass thru on the one open lane with the use of a flagman or other approved traffic control. The Contractor is required to coordinate the road/lane closure with the state DOT (as applicable to the task order) and
USACE.
1.8.2 Traffic Control Devices
All traffic control devices (signage, barricades, lighting etc) by the Contractor, must conform with the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices.
1.8.3 Traffic Control
The Contractor shall be responsible for the safe control of traffic on all haul and access roads used primarily for the work under these specifications and at their crossings with roads used by others. The Contractor shall, at his own expense, furnish all personnel, signal devices and signal necessary for the safe and efficient control of construction traffic on road systems used by the Contractor. A plan for traffic control, including a listing of equipment and its employment, shall be submitted for review and approval prior to construction.
1.8.4 Operations
When operations are being conducted near a U. S. or State Highway or when construction equipment is being used on or adjacent to such highway, the Contractor shall furnish signalmen and such warning signs as are necessary to provide adequate warning to the traveling public. The highways and streets shall be kept open at all times.
1.8.4.1 Signalmen/Flagmen
The Contractor shall provide flagmen when:
a) Construction equipment and/or vehicles are blocking the roadway making it difficult for vehicles to pass or see or due to terrain.
b) One-way traffic is required thru a construction zone.
c) Trucks are pulling onto and/or off of a roadway or operating at a reduced speed causing a hazardous situation for drivers.
d) Anytime the Contractor feels that drivers are at risk due to
Construction activity.
1.8.5 Barricades
At each location designated by the Contracting Officer and where safe operation requires the closing of roads, streets or other travel arteries leading to the work under this contract, the Contractor shall maintain a heavy plank barricade or other effective barrier during construction.
Arrangements for closure of roads, streets or other travel arteries shall be made by the Contractor with local State, County or City officials. The Contractor shall notify the appropriate official in writing at least ten
(10) days in advance of the date he desires to close a road to traffic and shall furnish a copy of the agreement to the Contracting Officer prior to closure. A satisfactory sign shall be placed on each barricade stating that the artery is closed. The cost of barricades shall be at the expense of the Contractor.
1.8.6 State and Federal Highways
Where the Contractor hauls across or on State or Federal highways, he shall enter into all agreements with the State Highway Commission and shall comply with any restrictions they may impose relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damages resulting from hauling across or on State highways. Copies of such agreements shall be furnished to the Contracting Officer before the Contractor begins hauling on these highways.
1.8.7 State and Local Public Roads
(a) Load Limits:
(See task order)
(b) Hauling Regulations:
Prior to start of hauling operations on public roads, the Contractor shall furnish evidence to the Contracting Officer that an agreement has been consummated with State and County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.
1.8.8 City Streets
Where the Contractor intends to cross or to use city streets for haul roads he shall enter into an agreement with the City and shall comply with any restrictions the City may impose relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these highways. A copy of all such agreements shall be furnished the Contracting Officer before the Contractor begins hauling in city streets.
1.8.9 Utility Lines
It shall be the responsibility and obligation of the Contractor to make all arrangements with the affected companies for the necessary moving and alterations of utility lines and the continuation of service during construction as covered by the plans and specifications.
1.8.10 Railroad Crossings
Temporary access and haul road grade crossings over railroad tracks, as requested by the Contractor, shall be constructed and removed by the railroad forces at the expense of the Contractor. Grade crossings constructed for the Contractor by the owner railroad and temporary grade crossings shall be covered by insurance in the amounts specified in Section 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS, paragraph:
Insurance on Railway Right-of-Way.
1.9 COOPERATION WITH OTHER CONTRACTORS
The Contractor shall cooperate and coordinate his work with that of the State and others (public and private) working in the area during the life of this contract. The Contractor shall coordinate his work with others to avoid undue interference and shall conduct his operations, other than approved required access, within the limits of the assigned construction area or construction right-of-way limits. The Contractor shall cooperate with others as necessary in the interest of timely completion of all work and in the event of disagreement the decision of the Contracting Officer shall be final.
1.10 COORDINATION AND OUTAGES
The Contractor's employees shall not open, close or tamper with switches, valves or control devices for existing installed equipment. Only Government operating personnel will be authorized to open or close existing switches, valves and control devices to enable the Contractor to make connections or modifications to existing equipment. Work shall be coordinated and scheduled to reduce the "Outage" time of operating equipment or systems to a minimum. Work in the proximity of exposed energized equipment such as in the switchyard or work involving connections to existing energized or operating equipment or systems shall perform only under the Safe Clearance Procedures. The Contractor will be instructed by the Contracting Officer in the proper procedure for requesting clearances. Only qualified supervisory personnel will be permitted to request clearances. Request for "Outage" shall be made by the Contractor to the Contracting Officer in each instance and in sufficient time to permit adjusting power plant operations, and to coordinate outages with the dispatching agency. Scheduling of "Outage" will be subject to the approval of the Contracting Officer.
1.11 UNLOADING, HANDLING AND STORAGE
(a) Unloading:
The Contractor shall be responsible for prompt acceptance on delivery, and shall pay all demurrage charges for delay in release of railroad cars. When practical he shall check material and equipment received against shipping lists; however, he shall not open shipments which are provided with protective coverings for storage until such materials and equipment are needed unless the shipment indicates possible damages. Protective coverings on damaged shipments shall be replaced or repaired by the Contractor after inspection. Shipments which are stored when received shall be opened when needed and checked against the shipping list in the presence of the Contracting Officer's representative. Any shortage shall be reported to the Contracting Officer.
(b) Handling:
The Contractor shall exercise due care in the unloading, hauling and handling of materials and equipment and shall make use of special handling means provided by the manufacturer. Care shall be taken not to damage materials and equipment during handling.
(c) Storage:
The Contractor shall be responsible for the care and storage of material and equipment including Government-furnished property and they shall be stored in a suitable manner to protect them from the elements, pilfering, distortion, or any other damage. Immediately after unloading Government-furnished items, all spare parts and maintenance items not required for installation shall be clearly tagged or otherwise identified and shall be stored where directed by the Contracting Officer. If these items cannot be clearly ascertained during unloading of large crates and boxes, delivery to the Government storage area may be delayed until such are individually inspected. All costs incurred by the transfer of spare parts to permanent storage shall be included in the applicable contract price.
1.12 SUBMITTALS
Government approval is required for submittals with a "G" designation;
submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:
SD-01 Preconstruction Submittals
Proposed Methods of Operation; G-AO
Progress Charts; G-AO
Construction Right-of-Way
Right-of-Way Agreements
State and Federal Highways
Agreements for hauling on highways
State and Local Public Roads
Agreements for hauling on roads
SD-02 Shop Drawings
Care of Water; G-AO
Traffic Control; G-AO
SD-11 Closeout Submittals
Warranty of Construction
List of warranties with copy of each
1.13 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS
To be submitted in accordance with FAR 52.236-15, shall indicate the required data for each of the principal features of the work. Contract changes or modifications will not include extensions of time unless the updated progress chart shows that the contract completion date is delayed due to the affect of the change on one or more principal features of the work.
1.14 PROJECT SIGN
The Contractor shall provide a new project sign constructed in accordance with Standard Sign Detail bound herein. The sign shall be erected at the project site by the Contractor at the location determined by the Contracting Officer. The project sign shall remain the property of the Contractor and upon completion of the contract, work shall be removed from the premises by the Contractor. No separate payment will be made for the sign.
1.15 WARRANTY OF CONSTRUCTION (MAR 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--
(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the
Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)
1.16 SUPERVISION
All planting and maintenance of trees and shrubs shall be conducted under the supervision of a qualified forester or nurseryman. The supervisor must be a graduate from an accredited college or university in the field of forestry and have a minimum three years of tree planting experience or have equivalent experience in the field of forestry and nursery planting. The supervisor's qualifications will be subject to approval prior to beginning construction operations. The Contractor's supervisor shall be in attendance at all times work is being performed. In order to insure specified maintenance of trees and shrubs the supervisor shall report at weekly intervals to the Contracting Officer during the period of 1 May to 15 October and as often thereafter as directed. If the specified maintenance is not performed satisfactorily within 7 days by the Contractor after being so directed and/or if the Contractor's qualified supervisor fails to report or appear on the specified date the Contracting Officer may within 7 days of such date, commence specified maintenance and the costs thereof will be deducted from future progress payments due the Contractor.
1.17 TELEPHONE/INTERNET
The Contractor is responsible for arranging telephone/internet service for their trailer through the local telephone company.
1.18 PORTABLE TOILETS
Toilet facilities will not be available for Contractor's use. The Contractor shall provide and maintain portable toilets for use by the Contractor's staff and Government staff. Toilet(s) shall be placed at the location directed by the Contracting Officer. To prevent overturning by high winds, all portable toilets shall be anchored down.
1.19 FEDERAL HOLIDAYS AND WORKING HOURS
Work hours: The Contractor can work Monday through Friday 0700 to 1700.
Working outside these work hours will need written permission from the COR.
The Contractor will not be allowed to work on Federal holidays.
The following Federal legal holidays are observed by this installation:
New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December
If a wage determination applies the number of holidays specified on it, it has priority over this requirement.
PART 2 NOT USED
PART 3 NOT USED
-- End of Section --
Section 01 30 00.24
SECTION 01 30 00.24
OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS
03/19
PART 1 GENERAL
Attachments:
-Appendix A - Contract Document Distribution List -F.E. Warren AFB ID Card Application (for task orders at F.E. Warren AFB only) -Fort Carson Specific Regulations and Guidance (for task orders at Fort Carson only) -AF Form 103 - Base Civil Engineering Work Clearance Request (for Air Force task orders only) -Project Sign Details(to be provided with task order if required) -General Wage Decision No(s). (applicable wage rates will be provided with each task order)
NOTE: Individual task orders may have additional attachments to this section.
1.1 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)
Note: Copies of each regional schedule may be obtained through the following Internet site:
http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.
Currently the "Construction Equipment Ownership and Operating Expense Schedule" can be accessed on page 11 of 14 of the afore indicated URL.
Standard Form 1411 is no longer a current form. The Contracting Officer may require submission of cost or pricing data in the format indicated in Table 15-2 of FAR 15.408, specify an alternative format, or permit submission in the contractor’s format. Information other than cost or pricing data may be submitted in the contractor’s own format unless the use of a specific format is prescribed elsewhere in this contract.
(a) This clause does not apply to terminations.
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 of 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 (see task order). 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 developed using the formula provided in the schedule. For forward pricing, the Schedule in effect at http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx the time of negotiations shall apply. For retrospective 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. 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 small acquisition threshold (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.
1.2 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (MAR 2009)
(a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to:
(1) materials required by the technical provisions; or
(2) materials that have been fabricated to the point where they are identifiable to an item of work required under this contract; or.
(3) Items specifically listed below.
(b) Payment for materials delivered off-site shall be made only after receipt of paid invoices listing the value of material and labor incorporated in the items along with a canceled check showing the prime contractor's title to the time delivered off site. Payment for materials delivered off-site shall be limited to the following items:
(List specific material items to be considered for payment when off-site delivery is made.)
1.3 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING
CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS
(APRIL 2011)
(a) The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.
(b) If the Contractor elects to use an electronic payroll processing system, then the Contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the Contractor to comply with the Wage Rate Requirements statute. When the Contractor uses an electronic payroll system, the electronic payroll service shall be used by the Contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the Contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.
(c) The Contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:
(1) commercially available;
(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the FAR;
(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;
(4) capable of producing electronic output of weekly payroll records that are capable of being uploaded into the Resident Management System (RMS);
(5) demonstrated security of data and data entry rights;
(6) ability to produce Contractor-certified electronic versions of weekly payroll data;
(7) ability to identify erroneous entries and track the data/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;
(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Construction Wage Rate payroll processing system shall be provided to the Government during contract closeout.
(d) All Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service shall be included in the Contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.
1.4 AWARD TO SUCCESSFUL OFFEROR
Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated 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.
1.5 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS
CONTRACTS
In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS
222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:
U.S. Department of Labor Veterans employment: https://www.vets.gov/
Federal Veteran employment information at https://www.fedshirevets.gov/index.aspx
Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/
Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/
Army Wounded Warrior Program-http://wtc.army.mil/modules/employers/index.html
U.S. Chamber of Commerce Foundation-Hiring Our Heros https://www.uschamberfoundation.org/hiring-our-heroes
Guide to Hiring Veterans - Reference Material https://www.whitehouse.gov/sites/default/files/docs/white_house_business_ council_-_guide_to_hiring_veterans_0.pdf
1.6 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)
Actual costs will be used to determine equipment cost for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:
(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.
(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.
(c) Recorded job costs adjusted for unallowable and unallocable expenses will be used to determine equipment operating expenses.
http://www.vets.gov/ http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/ http://wtc.army.mil/modules/employers/index.html http://www.uschamberfoundation.org/hiring-our-heroes http://www.uschamberfoundation.org/hiring-our-heroes http://www.whitehouse.gov/sites/default/files/docs/white_house_business_
(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205 11).
(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.
1.7 COMPLETION OF WORK
See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT
REQUIREMENTS), FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF
WORK (APR 1984).
1.8 CONTRACTOR PERFORMANCE EVALUATIONS
Federal Acquisition Regulation (FAR) Subpart 36.201(Evaluation of Contractor Performance) requires evaluation of the construction contractor's performance throughout the contract period of performance. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering and Construction Bulletin 2014-13 to fulfill this FAR requirement. For construction contracts valued at or above $700,000.00, including all modifications, the USACE will evaluate Contractor's performance using the web-based Contractors Performance Assessment Reporting System (CPARS). After the USACE drafts an evaluation (interim or final), the Contractor will have the opportunity to access, review, comment and either concur or non-concur with the evaluation in the CPARS system for a period of 60 days. Access to the CPARS system requires either specific software called PKI certification (recommended method) or a username and password. The PKI certification is a Department of Defense recommendation and to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and may be purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and contacting vendors can be found on the web site: https://www.cpars.gov.
1.9 MANPOWER REPORTING
Contractors may direct technical questions to the "Send an Email" link at website or email contractormanpower@hqda.army.mil for current information on CMRA. Information regarding changes to the reporting process, when data should be entered, general policy information, how data is protected, and how to enter certain data can be found under the Frequently Asked Questions (FAQ) section at the CMRA website. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.
The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://ecmra.mil (https://cmra.army.mil). The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative; (2) Contract number, https://www.cpars.gov/ mailto:contractormanpower@hqda.army.mil including task and delivery order number; (3) Beginning and end dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractor); (6) Estimated direct labor dollars paid this reporting period (including sub-contractor); (7) Total payments (including subcontractor); (8) Predominant Federal Service Code(FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information; (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest City, Country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and, (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. "*
*Note: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data. For internal Army analysis, the reports and queries from the database shall not contain proprietary data.
1.10 LIQUIDATED DAMAGES-CONSTRUCTION
See Section 00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT
REQUIREMENTS), FAR 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000).
1.11 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS (FOR ARMY
TASK ORDERS ONLY, SAMPLE - SEE TASK ORDER FOR SPECIFIC REQUIREMENTS)
1. AT Level I Training
Not Applicable.
2. AT Awareness training for US based contractor personnel traveling overseas
3. Access and General Protection/Security Policy and Procedures
All contractor employees, including subcontractor employees, requiring access to an Army or USSOCOM controlled installation, facility, or area shall comply with applicable security policies and procedures (provided by the government representative). This includes policies pertaining to the use or prohibition of electronic recorders, devices, cameras, etc. If the Contractor is required to take photographs or videos on a government installation, the Contractor must obtain written permission from the Senior Commander. The Contractor shall also provide all information required for background checks to meet installation and facility access requirements to be completed by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, USSOCOM, USASOC and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should Force Protection Condition (FPCON) at any individual facility or installation change, the government may require changes in contractor security matters or processes.
4. For contractors requiring Common Access Card (CAC)
5. For contractors to maintain and recover a CAC
Not Applicable.
6. for Contractors Who Do Not Require CAC, But Require Access To A Dod Facility Or Installation
7. iWATCH Training
The Contractor and all associated sub contractors shall brief all employees on the local iWATCH program (training standards provided by the government requiring activity Antiterrorism Officer (ATO)). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the designated security office. Training shall be completed within 60 calendar days of contract award and within 30 calendar days of new employees' commencing performance with the results reported to the COR no later than 90 days after contract award and new employees' commencing performance.
8. Contractor Employees Who Require Access to Government Information Systems
9. OPSEC Standing Operating Procedure/Plan
10. OPSEC Training
All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:
https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.
11. Information Assurance (IA)/Information Technology (IT) Training http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-
12. Information Assurance (IA)/Information Technology (IT) Certification
13. Not Used
14. Not Used
15. Handling or Access to Classified Information
16. Will be Escorted in Areas Where They May be Exposed to Classified and/or Sensitive Materials and/or Sensitive or Restricted Areas
All contractor employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The Contractor will coordinate with the COR and/or facility security office for access when required.
17. NCIC and terrorist threat data base screening required
All contractor employees, including subcontractor employees, who are not in possession of a current Common Access Card (CAC) will be vetted by the local security office to determine fitness and eligibility for access IAW DTM 09- 012, paragraph 2.b(4) to include but not limited to an NCIC III and Terrorist Database screening. The Contractor will ensure that the government has sufficient biographical information to conduct said screening including, but not limited to the person's name, date of birth, and social security number.
18. Contractor Company to Obtain a Facility Clearance and Individual Clearances at the Appropriate Level
19. Pre-Screen Candidates using E-Verify Program
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
20. For contracts that require delivery of food or water
21. Contractor responsible for ensuring security documentation is completed by applicants http://www.uscis.gov/e-verify) http://www.uscis.gov/e-verify)
22. Contractor must provide completed packets at least 70 days prior to start
23. COR notification to the…
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