W912CN-17-B-0002-0001.pdf

0010965078

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

This amendment is issued as follows:

a. To remove local clauses from Section 00 73 00 – Supplementary Conditions.

b. To add Other Information to Section 01 00 00 – General Requirements.

c. To move Clause 52.217-5000, Option to Extend Services from Section 00 73 00 – Supplementary Conditions to Section 00 70 00 Conditions of the Contract.

d. To incorporate the Questions and Answers into the Solicitation.

e. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

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

16C. DATE SIGNED

BY 21-Feb-2017

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912CN-17-B-0002

X 9B. DATED (SEE ITEM 11)

10-Feb-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

21-Feb-2017

CODE

EXPEDITIONARY CONTRACTING COMMAND

413 CSB, RCO-HAWAII,

742 SANTOS DUMONT AVENUE

BLDG 108, 3RD FLOOR (WAAF)

SCHOFIELD BARRACKS HI 96857

W912CN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912CN-17-B-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

QUESTIONS AND ANSWERS

Responses to Question to Solicitation W912CN-17-B-0002 Open-End Installing New and Repairing Sidewalks at various Army Installations, Island of Oahu, Hawaii

1) Question: Is there a bond requirement? If so, can I ask for a waiver?

Answer: The Bond requirement is notated in the solicitation in block 12 of the solicitation. Specific Bond requirements are notated at FAR Clause 52.228-15 Performance and Payment Bonds—Construction. Additional bonding information is located at FAR Clause 52.228-1 Bid Guarantee; 52.228-2 Additional Bond Security;

52.228-12 Prospective Subcontractor Request for Bonds; and under Section 01 33 00 Submittal Procedures.

Bonds specified in the solicitation are required. No Waiver for the bond requirement is allowed.

2) Question: Will there be an office or a room on base that is centrally located for our site super to work out of?

Answer: Storage space may be available per Task Order dependent upon location of work, availability of space, and duration of task order; however, a permanent office space is not available to the contractor for the entirety of the contract. No office or room on base will be available for your site super.

3) Question: We are working with the surety to obtain the bid bond for this project. Could you please provide information on the number of task orders awarded per year to the previous contractor and the value of the task orders per year?

Answer: There were 7 sidewalk requirements awarded for the prior year for a total of $329,946.84. The Bid Bond requirement and information is located in clause 52.228-1 Bid Guarantee; stating that the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less. Please note that this is a requirements type contract and the quantities and amount awarded may or may not be utilized in its entirety.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.217-5000 Option to Extend Services Contracting Officers when evaluating proposals for contract award, as part of the price evaluation, will evaluate the Option to Extend Services under FAR clause 52.217-8 by adding one-half of the offeror’s final option price to the offeror’s total price. The final award evaluation will include the base year, all option years, and the six month FAR 52.217-8 clause option. The FAR 52.217-8 clause is useable at periods throughout the life of the contract (i.e., after the basic period, after the end of any of the exercised option periods); but not to exceed 6 months for the total life of the contract.

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been deleted:

52.2000-7000 RCO-HI LOCAL CLAUSES - CONSTRUCTION JUN 2012

52.2000-7001 RCO-HI LOCAL CLAUSES - ENVIRONMENTAL AUG 2012

52.2000-7002 RCO-HI LOCAL CLAUSES - GENERAL KTR INFOR JUN 2012

52.2000-7003 RCO-HI LOCAL CLAUSES - MANDATORY FEB 2016

52.2000-7004 RCO-HI LOCAL CLAUSES - SAFETY AUG 2016

52.2000-7006 RCO-HI LOCAL CLAUSES - SOLICITATION INF AUG 2015

SECTION 01 00 00 - GENERAL REQUIREMENTS

OTHER INFORMATION

OTHER INFORMATION

1. SECURITY OF STORAGE AREA

If the Contractor elects to utilize the storage area made available to him by the Government, he shall be responsible for constructing a fence around the area. A sign shall also be installed on the fence identifying the Contractor. The installation of this fence and sign does not relieve the Contractor from his responsibilities under FAR clause 52.236- 10, Operations and Storage Areas.

2. SCHEDULING OF INSPECTIONS - PRE-FINAL AND FINAL INSPECTION

(a) The Contractor and Government Inspector will jointly conduct a pre-final inspection prior to any final inspection. Discrepancies noted shall be corrected prior to any final inspection. The Contracting Officer may schedule more than one pre-final inspection if determined necessary.

(b) When the Contractor is ready for final inspection, he shall request final inspection to the Contracting Officer or his authorized representative 5 calendar days before the desired date, unless a different time is specified in the Technical Provisions.

(c) The final inspection shall be performed with the Contractor and his subcontractors by the Directorate of Public Works personnel and representatives of the using activity. Discrepancies noted will be corrected within the time specified by the Contracting Officer prior to the final payment.

3. MATERIAL APPROVAL SUBMITTALS

(a) Required material approval submittals shall be provided to the Contracting Officer within 30 calendar days after contract award using the Material Approval Submittal Form, ZV-KO Form 83-104-R.

(b) For Indefinite Delivery contracts, where the first task order is placed in less than 30 calendar days after contract award, required submittals shall be provided to the Contracting Officer within 21 calendar days after issuance of the first task order. In any event, the contractor shall not begin on-site performance until material submittals have been approved, unless authorized by the Contracting Officer.

4. PREPARATION OF PROGRESS SCHEDULE AND REPORTS

The reports contemplated by the clause herein entitled, "Schedules of Construction Contracts" shall be provided by the Contractor to track project progress 5 days after work starts. This may be done by Gantt chart or similar process.

5. ISSUANCE OF TASK ORDERS

(a) The work to be accomplished under this contract will be performed upon receipt of a task order. The Contractor shall coordinate all work with the Contracting Officer in order that there will be a minimum of interruption and inconvenience to the Government. Scheduling and programming of work shall be arranged during the pre-construction conference.

(b) Survey of Unit Price Items: At least three (7) workdays prior to the issuance of a task order, a joint inspection by the Contractor and the Contracting Officer Representative shall be made to determine the work to be accomplished therein. Survey will be conducted within two (2) workdays of notification by the COR. During the inspection and survey, both parties will jointly annotate on the Agreement Sheet to be prescribed by the Contracting Officer, the quantity for each unit price item that is to be utilized. The Contractor shall submit the signed Agreement Sheet to the Contracting Officer Representative within (5) workdays after the date of the inspection and survey. The Contracting Officer will confirm the starting and completion date of work for each unit in the task order.

6. WORK UNDER ESTIMATED QUANTITY LINE ITEMS

This clause applies to line items 0001 - 2035.

Prior to commencement of work, the Contractor shall coordinate with the authorized representative of the Contracting Officer for mutual agreement as to the quantity of additional work required. Work performed shall not exceed the estimated quantities unless the Contracting Officer executes a modification to the contract.

7. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK ORDERED

(a) The Contractor shall only commence work under this contract upon receipt of a task order. The task order shall specify the building in which work is to be performed and sequence in which the work shall be performed.

(b) The Contractor shall be required to commence, prosecute and complete all work in accordance with the said task order, unless changed and mutually agreed to between the parties.

(c) The Contractor shall be verbally notified that work is required. The Contractor shall be available from 7:30 a.m.

to 4:30 p.m., Monday through Friday, excluding Federal holidays, to receive such notification. Upon receipt of notification, the Contractor shall be at the work site within two working days for preparation and signing of an agreement sheet. The Contractor may be required to remove, cut, alter, replace or repair existing work as necessary to perform work. Except as specified, the Contractor shall not disturb, cut, alter or remove any structural work and shall not disturb any ducts, plumbing, steam, gas or electrical work without prior approval of the Contracting Officer’s Representative (COR). When ordered on a task order, any walls, ceiling or partitions disturbed or removed as a result of performing the required work shall be repaired or replaced. Materials and workmanship used in restoring work shall conform in type and quality to that of existing construction. All work shall be ordered in accordance with the unit pricing schedule. Notification to Federal and State agencies shall be done no later than the following working day that the task order is received.

(d) Work called for under a specific task order shall commence and be diligently prosecuted and completed as follows: Dates to be negotiated on each task order

8. GENERAL ENVIRONMENTAL STANDARDS

(a) While performing work on any US Army Garrison, Hawaii (USAG-HI) installations, the contractor will comply with Executive Orders 13423 “Strengthening Federal Environmental, Energy, and Transportation Management” signed by the President on 24 Jan 2007 and 13514, “Federal Leadership in Environmental, Energy, and Economic Performance” signed by the President on 8 Oct 2009 requiring the acquisition of environmentally preferable goods and services, use of sustainable environmental practices, purchase of biobased, energy efficient and recycled content products. More specifically, the Contractor will strive to improve upon their sustainability performance by taking actions to:

(1) Reduce energy consumption

(2) Reduce greenhouse gas emissions

(3) Conserve and protect water resources

(4) Eliminate waste, recycle, and prevent pollution

(5) Adopt sustainable technologies

(6) Procure environmentally preferable materials, products and services

(7) Maintain sustainable buildings

(8) Strengthen livability of the local community

(9) Inform and involve personnel in the achievement of these goals.

(b) The contractor will comply with the Government directives, permit conditions, installation policies and plans as administered by the Government. The Contractor will be held liable to pay for any environmental fines resulting from his operations, waste generated or other operational environmental requirements. As applicable, the Contractor will obtain environmental permits required for wastewater pretreatment, underground tanks, hazardous waste identification numbers, air pollution permit for temporary sources, storm water permits or other pertinent environmental permits.

(c) The contractor will review and comply with applicable policies, program documents and regulatory requirements as stipulated under each environmental program media below.

(1) Environmental program documents include, but are not limited to; the Installation Hazardous Waste Management Plan – USAG-HI Regulation 200-4, Asbestos Management Plan, Lead-based Paint Management Plan, Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan, Integrated Natural Resources Management Plan, Integrated Cultural Resources Management Plan, Pollution Prevention Plan, and the Storm Water Pollution Prevention Plan available at the DPW Environmental Division. Environmental program documents can be downloaded from the installation sustainability and environmental management website at:

http://www.garrison.hawaii.army.mil/sustainability/Environmental.aspx.

(2) Installation policies include, but are not limited to; the Environmental Compliance and Protection Program Policy Memorandum USAG-HI-4; Environmental Policy Memorandum USAG-HI-10; Authorized Use List Policy Memorandum USAG-HI-19, Waste Reduction and Recycling Policy Memorandum USAG-HI-25; Open Burn Policy Memorandum USAG-HI-51; Generator Control Policy Memorandum USAG-HI-55; Illicit Discharge Detection and Elimination Policy Memorandum USAG-HI-59; and the Joint USARPAC and IMCOM-Pacific

Energy Conservation Policy Guidance. Installation Policy Memorandums are available for download at:

http://www.garrison.hawaii.army.mil/command/documents.htm

(3) The contractor is also encouraged to view the online A to Z sustainability and environmental management guide for instructions on managing common environmental issues. The A to Z sustainability and environmental management guide is available at:

http://www.garrison.hawaii.army.mil/sustainability/AtoZ.aspx.

(d) The Contractor shall at all times keep the work area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment and materials not the property of the Government. Upon completion of the work, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. If debris is not disposed of properly or the site is not left clean, the Government will clean the site at the expense of the contractor. The contractor will also be held liable for damages done to the environment as a result of disposal and/or cleanup.

(e) The contractor may be subject to unannounced Environmental Compliance Inspections by the DPW Environmental Division.

(f) Environmental and Safety Noncompliance Fees. The contractor shall be solely responsible for remedying all Federal, State and local environmental and safety violations or noncompliance and any payment of fines, penalties and fees levied as a result of the violations or noncompliance. The government reserves the right to withhold payment in the amount of the fines, penalties and fees levied if not paid by the contractor.

9. ASBESTOS

(a) Asbestos is present in many facilities in USAG-HI. If work under this contract involves renovation or demolition of a facility, a project-specific asbestos survey must be completed prior to beginning renovation or demolition work in accordance with Army Regulation 200-1 Ch. 9-2 (b) and 40 CFR 61.140-156 and all other applicable State and Federal laws and regulations.

(b) If asbestos-containing materials (ACM) are identified in the facility to be renovated or demolished, the contractor will abate the ACM prior to beginning renovation or demolition work. Abatement work will be conducted in accordance with Army Regulation 200-1 Ch. 9-2 (b) and 40 CFR 61.140-156 and all other applicable State and Federal laws and regulations.

(c) The contractor will notify the State of Hawaii Department of Health 10 days prior to beginning of any demolition or applicable renovation activities in accordance with 40 CFR 61.145 and State laws and regulations.

(d) The contractor will be responsible for all other applicable notifications, reporting, training and certifications as required by State and Federal laws and regulations.

(e) The contractor will handle and dispose of ACM in accordance with all applicable State and Federal laws and regulations.

10. LEAD-BASED PAINT

(a) Lead-based paint (LBP) is present in many older facilities in USAG-HI. If work under this contract involves disturbing painted surfaces on a facility constructed prior to 1978 the contractor will conduct paint sampling and testing to determine whether lead is present. In lieu of sampling, the contractor may assume the paint is LBP.

(b) The contractor will ensure workers who will be disturbing LBP are properly protected, trained, certified and use appropriate work practices in accordance with all applicable State and Federal laws and regulations.

(c) The contractor will be responsible for testing any debris containing LBP generated from the work using Toxicity

Characteristic Leaching Procedure (TCLP) to determine if the waste needs special handling and disposal.

(d) The contractor will handle and dispose of LBP debris in accordance with all applicable State and Federal laws and regulations.

11. EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA) HAZARDOUS

SUBSTANCES (HS)

(a) Contractors using EPCRA HS in the performance of any work while on USAG-HI installations are responsible for complying with the provisions of EPCRA regulations and submitting applicable reports (TIER II/TRI) to Federal and State regulatory agencies as applicable.

(b) Copies of reports for substances used in connection with work performed on USAG-HI installations shall be provided to the DPW Environmental Division, Attention: EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 656-2878.

(c) Chemicals regulated under EPCRA HS are defined in EPA document EPA 550-B-98-017, Title III List of List, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean Air Act Amended.

(d) The contractor is responsible for knowing which chemicals it uses or transports that are contained on the list.

For convenience, the contractor may review a copy of the EPA document at the Directorate of Public Works (DPW) Environmental Division. The document can also be downloaded from the U.S. Environmental Protection Agency (EPA) at: http://www.epa.gov/oppt/pubs/genpub.htm.

(e) The contractor must maintain copies of Material Safety Data Sheets (MSDS’s) of all chemicals used in the performance of any work while on USAG-HI installations. MSDSs must be readily available at the site location where the work is being performed.

(f) The contractor can request the list and locations of EPCRA HS currently utilized on USAG-HI installations by contacting the DPW Environmental Division EPCRA Program Manager. The contractor must provide name, company, contract number, date the contract was awarded and provide a description of the contract. A database of locations of chemicals will then be forwarded upon review and approval of request. Contractors working on USAG- HI installations are encouraged to review this database, which will provide information where potentially hazardous chemicals are stored.

(g) All spills of substances containing EPCRA HS will be immediately reported to the Directorate of Public Works Spill Response line at 656-1111 and the USAG-HI, Public Affairs Office at 656-3160 or 542-9489 (after hours). The Contracting Officer must be notified during the first business hour immediately after. All waste generated from EPCRA HS being utilized will be immediately reported to the DPW Environmental Office, phone: 656-2878.

(h) All Contractors utilizing substances containing EPCRA HS will perform the following prior to contract start.

(1) Review the Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan and the Installation Hazardous Waste Management Plan – USAG-HI Regulation 200-4 available at the DPW Environmental Division or from the from the installation sustainability and environmental management website at:

http://www.garrison.hawaii.army.mil/sustainability/Environmental.aspx. Upon review, the contractor or designated responsible employee shall sign a certification statement that they have reviewed and understand the contents of these documents.

(2) Provide a listing and MSDS copies of oil and Hazardous Substance (HS) products projected to be utilized in the performance of any work while on USAG-HI installations to the DPW Environmental Division. The estimated average and maximum quantities of each material anticipated to be on-site at any given time shall also be provided to the DPW Environmental Division EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone 656-2878 and to building 6040 East Range for material to be bar-coded. The contractor must ensure the product listing is current and updated as frequently as necessary and/or at a minimum, on an annual basis by 1 January of each year.

(3) Provide the name, office phone number, and cellular phone number of a company spill response point of contact. The point of contact must be trained in spill response.

(4) Provide a copy of an agreement with a hazardous materials spill response company in the event of a spill.

(5) Provide copies of employees training certificates on environmental and spill response training.

(6) Appoint a primary and alternate Environmental Compliance Officer in writing.

(7) Develop a notification procedure in the event of a spill to include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense.

(8) Accomplish all spill notifications as required by the U.S. Environmental Protection Agency and State of Hawaii to the Hazard Evaluation Emergency Response Office, Local Emergency Response Commission and National Response Center. Copies of written spill notifications shall be provided to the DPW Environmental Division.

(9) All spills caused by the contractor will be cleaned up under supervision of the contractor and a qualified hazardous materials spill response company, at no cost to the government, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division.

(10) The contractor shall pay for disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. Ensure all disposals are in accordance with all applicable laws and regulations at authorized disposal facilities.

12. SPILLS OF PETROLEUM/OIL/LUBRICANTS OR HAZARDOUS MATERIALS/HAZARDOUS

WASTE

(a) The contractor will prepare and maintain a site-specific spill plan, including notification procedures for spills/releases. The spill plan will include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense. The contractor will provide a copy of the spill plan to DPW Environmental Division upon request.

(b) The contractor shall provide immediate response to stop, contain, and clean-up all spills of oil and other hazardous substances that result from his performance under this contract.

(c) The contractor must report all spills immediately to the DPW Spill Response line at (808) 656-1111 in accordance with the Installation SPCC Plan. Additionally, the contractor shall notify the COR of the incident during normal business hour or the first business hour following the incident.

(d) The contractor will accomplish all spill notifications and written spill reports as required by the U.S.

Environmental Protection Agency, State of Hawaii Hazardous Evaluation Response Office, Local Emergency Planning Commission and National Response Center, in accordance with applicable laws and regulations.

(e) The contractor will provide a copy of spill notifications and written reports to the DPW Environmental Division.

(f) All spills caused by the Contractor will be cleaned up under the supervision of the Contractor and/or a qualified hazardous waste/materials spill response company, at no cost to the USAG-HI, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division. If cleanup is not accomplished in a timely fashion, or to the satisfaction of the DPW Environmental Division, the Government will assist with the final cleanup, and the Contractor will provide appropriate reimbursement of cleanup costs.

(g) The contractor will pay for all clean up, management, and disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. The contractor will ensure waste disposal is accomplished in accordance with all applicable laws and regulations and at an authorized/permitted treatment and disposal facilities.

(h) The contractor will pay any fines or penalty charges associated with a citation issued by federal, state or local officials as a result of the accident.

(i) Contractors handling bulk fuel must be trained to do so, and mobile fuel operations must be approved by the DPW Environmental Division.

(j) Off-Post Spills. The contractor shall be responsible for and pay for cleanup of off-post spills in accordance with directions received from appropriate local authorities (e.g., Honolulu Fire Department, State Civil Defense, etc.).

Off-post spills in connection with work performed under this contract shall also be reported to the DPW Spill Response line at (808) 656-1111 and the COR.

(k) Discovery of other than contractor-caused spills. The contractor shall report any spills of hazardous materials to the DPW Spill Response line at (808) 656-1111 and the COR upon discovery.

13. HAZARDOUS WASTE (HW) and NON-REGULATED WASTE (NRW).

(a) The Contractor will comply with the Environmental Compliance and Protection Program Policy Memorandum

USAG-HI-4.

(b) The Contractor will determine, based on generation of hazardous waste(s) resulting from their operation/activities their respective hazardous waste generator status. The contractor is responsible to manage HW and NRW generated on-site from inception to disposal in accordance with all applicable, federal, state, and local regulations. All costs associated with disposal are borne by the Contractor.

14. RECYCLING PROGRAM

(a) The contractor will comply with USAG-HI Policy Memorandum 25, Waste Reduction and Recycling, requiring diversion of solid waste to the fullest possible. More information can be found on the installation sustainability and environmental management website at: http://www.garrison.hawaii.army.mil/sustainability/Recycling.aspx

(b) Identify a recycling POC to DPW Environmental Division to include name, phone number and email address.

(c) Report quantities of refuse disposed and recycled to DPW Environmental Division as part of the work performed under this contract as applicable.

15. NATURAL AND CULTURAL RESOURCES PROGRAM

(a) The contractor will comply with USAG-HI Range Standard Operating Procedures (SOPs). All personnel who use the ranges must complete a mandatory pre-brief covering issues associated with Natural and Cultural Resources.

(b) The contractor must be cognizant of the potential environmental impact and liability their actions could have, if specified procedures are not followed on Army lands. The contractor must be aware that USAG-HI manages more than 100 threatened and endangered species including plants, snails, birds, bats, insects and their critical habitat and over 1,300 prehistoric archaeological sites, including temple structures, stone markers, fishing shrines, habitation sites, caves, rock shelters, mounds, burial platforms, earth ovens, stone walls and enclosures, agricultural terraces, irrigation canals, petroglyphs and trails.

(c) The contractor shall take every precaution to prevent starting wildfires at training areas and must put them out if they do occur. The contractor must report all wildfires to range control immediately at 808-655-1434.

(d) The contractor must be familiar with the policy and restrictions regarding the types of ammunition that can be used under the different Burn Indices (BI) and on the different ranges.

(e) The contractor must comply with the non-smoking policy at training areas and only allow smoking in designated areas.

(f) The contractor must comply with the range best management practices to prevent the spread of invasive plant species from one training area to another by always washing vehicles, gears and equipment before starting new training activities.

(g) The contractor will stay out of areas marked with Seibert Stakes. Seibert stakes are placed along roads and within vegetated areas to advise personnel of unsafe or hazardous range or training conditions and/or environmentally sensitive off-limit areas.

(h) The contractor will refer to the installation sustainability and environmental management website at:

http://www.garrison.hawaii.army.mil/sustainability/NaturalResources.aspx and http://www.garrison.hawaii.army.mil/sustainability/CulturalResources.aspx for additional information.

16. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

As applicable, and upon request by the Government, the contractor will comply with the NEPA process, notify the DPW Environmental Division and complete a Record of Environmental Consideration (REC) for actions such as, but not limited to:

(1) Actions that could impact historic structures, cultural and natural resources

(2) Minor renovation or new construction

(3) Actions that introduce new training vehicles, maneuvers, and weapons

(4) Replacing or removing floor tiles, ceiling tiles, sound proofing material, lighting fixtures, carpet, serving line equipment, natural gas unit

(5) Installing interior doors, windows, partitions, security cameras, rerouting ductwork

17. SUSTAINABLE ENVIRONMENTAL MANAGEMENT (SEM) SYSTEM

(a) The contractor will be familiar with and comply with the installation’s Environmental Policy Memorandum USAG-HI-10 and all 18 components of the installation SEM system manual in conformance with the ISO 14001 standard. The SEM system manual is available for download at:

http://www.garrison.hawaii.army.mil/sustainability/SEM.aspx

(b) In accordance with OPORD IMPC-HI-ZA 02-09, the contractor will train all personnel in SEM awareness provided by DPW Environmental Division upon contract award. Refer to the installation Sustainable and Environmental Management website at http://www.garrison.hawaii.army.mil/sustainability/Training.aspx for information about the online training logging and access procedure.

(c) The contractor will support, as applicable, USAG-HI in achieving the reduction and environmental improvement goals identified in the installation Strategic and Sustainability Plan, as well as Executive Order 13514. The Contractor will strive to accomplish these goals by implementing and promoting green practices to help reduce their environmental footprint, fostering an ethic that takes the Army beyond environmental compliance to sustainability.

(d) Appoint a SEM point of contact to DPW Environmental Division to include Name, phone number and email address upon request by the Government.

18. SELF-HELP PROJECTS

(a) While performing work and/or occupying facilities on any US Army Garrison, Hawaii (USAG-HI) installations, the contractor will consult with the DPW Environmental Division before beginning any self-help projects for guidelines on how to comply with historical property requirements and for verification of potential asbestos, lead-based paint and other environmental health hazards associated with the proposed self-help project.

(b) You can read more about asbestos and lead-based paint at:

http://www.garrison.hawaii.army.mil/sustainability/AsbestosLead.aspx

19. ENERGY AND WATER CONSERVATION

(a) Upon request by the Government, the contractor will appoint a Unit Energy Conservation Officer (UECO) and Building Energy Monitor (BEM) and fully participate in the Garrison's energy and water conservation program.

(b) Appointed BEM and UECO must attend the training class provided by the DPW Engineering Branch.

(c) The appointed UECOs and BEMs are responsible for ensuring energy-saving measures are being enforced in each building and to provide regular reports to DPW Engineering Branch showing how well the contractor is doing at conserving energy.

(d) More information can be found on the installation sustainability and environmental management website at:

http://www.garrison.hawaii.army.mil/sustainability/Energy.aspx

20. PRECAUTIONS FOR THE PROTECTION OF EXISTING UTILITIES (INCLUDES

COMMUNICATIONS) AND FACILITIES.

(a) Contractors are required to ensure necessary precautions and obtain required permits to protect government utilities and facilities. Contracts involving dredging, excavating, blasting and grading operations, demolition of structure and the moving of heavy and/or bulky equipment shall be subject to the following procedures and conditions:

(1) The Contractor shall obtain a written concurrence of the existing conditions and locations of utilities for his operations from the COR prior to beginning work and request the best information available on the location of Engineer facilities. Contractor shall verify locations of all utilities identified by the Government which affect his work.

(2) The Contractor shall be required to obtain a written clearance for his operations prior to beginning work and shall have locations of signal underground facilities staked out in the field from the 30th Signal Battalion/Network Enterprise Center-Hawaii (NEC-HI), EMC, IMG (Army Telephone, Data/LAN): Bldg 600, Room 157, 148 Curtis Loop, Wheeler Army Air Field. Mr. Eugene Brown, (Primary AO) (808) 656-6656; Marion F. Robinson, Jr., (808) 656-1765 (Alt AO). Business Hours: Mon - Fri. 0830-1700.

(3) If any cable/conduit is uncovered or damaged during excavation process, immediately contact:

(i) the JHITS trouble desk, (808) 659-1444

(ii) the NEC-HI RNOSC, (808) 655-2999, with detailed information on situation, and

(iii) the NEC-HI POCs (above) with reported dates, times and details.

(4) The Contractor shall also obtain a written clearance for gas line for this operations from The Gas Company (Tel:

594-5575) prior to beginning work and shall have locations for underground facilities staked out in the field by Gas Company personnel.

(5) Additional Digging Information: At least five days prior to digging please call the number below. Government Agency and Contact Person: Hawaii One Call Center Phone Number: 1- 866-423-7287.

(b) The Contractor shall be liable for damages resulting from his failure to comply with (1), (2), (3) or (4) above.

21. REQUIRED INSURANCE

(a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

AMOUNT

TYPE PER PERSON PER ACCIDENT PROPERTY

Comprehensive General Liability: $500,000 Comprehensive Automobile Liability $200,000 $500,000 $20,000

Workmen's Compensation and Liability Insurance: As prescribed or required by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.)

(b) Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.

(d) It is the contractor’s responsibility to insure the following changes are incorporated into their submitted

Certificate of Insurance:

1. The Contract Number must appear in the body of the Certificate of Insurance.

2. The Certificate holder name shall read:

Army Materiel Command Regional Contracting Office, Hawaii 413th CSB

The certificate shall be provided to the following address

413th Contracting Support Brigade Regional Contracting Office, Hawaii Contracting Operations Division 742 Santos Dumont Avenue Bldg.108, 3rd Floor (Wheeler Army Airfield) Schofield Barracks, HI 96857

For all contractors using the ACORD form dated earlier than October 2009, the Certificate of Insurance cancellation statement shall be revised as follows: Delete the words “endeavor to” and “but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.” The Certificate of Insurance cancellation statement shall then read: “Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder named to the left.”

22. AMC-LEVEL PROTEST PROGRAM

(a) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC.

(b) The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO.

(c) The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840

(d) The AMC-level protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC-Level Protest Procedures.

23. ACCESS TO ARMY INSTALLATIONS – PERSONNEL AND VEHICLES

a) Commercial businesses must possess and present a contractor IAP to gain entry at any access control point (ACP). Installation Access Passes are processed by the Installation Access Pass Office, Building 6508, Leilehua Golf Course.

b) In order to obtain a contractor IAP, the contracting office representative must submit a signed and approved IAP application along with a personnel information sheet to the Installation Access Office. Printed proof of social security numbers will need to be presented with all substantiating documents to the IAP Office. After the office has processed the paperwork (typically two days), the contractor may pick up his or her pass at the office. The contractor must bring some form of identification with proof of his or her social security number.

c) Vendors and contractors with commercial vehicles who do business on Army installations on a regular basis can receive extended passes for individual and fleet vehicles, for periods stipulated by the COR/sponsor, by registering their vehicles at the IAP Office. Company “Multiple Operator” memorandums will be presented to IAP personnel upon requesting a vehicle IAP.

d) The Contractor shall provide to the Contracting Officer Representative the names and Social security Numbers of individuals requiring access in performance of the contract no later than 14 days prior to start of performance. The Army Organization or Directorate for whom the contractor is working is responsible for processing the paperwork to obtain passes.

e) The Contractor is responsible for assuring personnel required to access any installation in performance of the contract obtain the required identification. Costs for employees to travel to the Government location will be borne by the contractor. Failure to obtain required identification will not relieve the contractor from contract performance. Contractor shall be responsible for the return of identification cards upon the expiration of the contract or when an employee is no longer performing work under the contract.

f) The Contractor will provide a list of the names of all employees and subcontractor employees who will access any Army facility in the performance of this contract. Contractor will provide written document used to verify employees and subcontractor's employees compliance with FAR 52.222-54, Employment Eligibility Verification (clause that requires contractor to do background check.) The contractor will provide written proof from the Immigration and Naturalization Service that all employees listed are approved for employment within the US.

g) At any time contractor employees are operating contractor-owned vehicles on an Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.

h) The Contracting Officer and the Provost Marshal office shall be notified of any changes in vehicles within three business days of the change.

i) Lost vehicle passes shall be reported immediately in order to obtain new passes. All vehicle passes issued shall be returned to the Installation Access Office upon completion of the contract, termination of an employee or discontinued use of the registered vehicles.

j) Failure to follow the procedures outlined above may result in delays in entering Army Installations. The Government is not responsible for any adverse impact on the contractor or its operation as a result of delays due to the failure to register vehicles.

k) Contractors operating vehicles on an Army post will not use cell phones unless used with a hands-free device.

This applies to ALL personnel driving privately-owned and government vehicles on Army installations and housing areas. Failure to comply will result in the loss of on-post driving privileges:

First offense – 14 days Second offense – 30 days Third offense – 180 days If caught driving while privileges are suspended, your privileges may be further suspended for a 5-year period.

l) The Provost Marshall has the authority to change the above procedures without notice. Contractors shall adhere to any changes in security procedures

24. DOD LEVEL I ANTITERRORISM (AT) STANDARDS

Pursuant to Department of Defense Instruction Number 2000, “DoD Antiterrorism (AT) Standards,” dated October 2, 2006, each contractor employee requiring access to a Federally-controlled installation, facility and/or Federally-controlled information system(s) shall complete Level I AT Awareness Training on an annual basis and receive a certificate of completion.

Standard Contract Language Provision/Contract Clause Applicability and/or additional SOW language.

Detailed information on each of these items are stated below. Applicable items to this contract action are indicated below.

__X__ 1. AT level I Training (general)

__X__ 2. Access and general protection policy and procedures.

_____ 2a. For contractor requiring Common Access Card (CAC)

__X__ 2b. For contractor not eligible for CAC, bur requires access to DoD facility or installation

_____ 3. AT Awareness training for US Based contractor personnel traveling overseas.

__X__ 4. iWatch training

_____ 5. Army Training Certificate Tracking System (ACTS) registration for contractors.

_____ 6. For contracts that require a formal OPSEC program

__X__ 7. Requirement for OPSEC training

_____ 8. Information assurance/information technology training

_____ 9. Information assurance/information technology certification

_____ 10. Contract authorized to accompany the force clause

_____ 11. Contract requiring performance or delivery in a foreign county.

_____ 12. Handling/Access to classified information.

_____ 13. Threat Awareness Reporting Program

1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 7 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within five calendar days after completion of training by all employees and subcontractor personnel.

AT level I awareness training is available at the following website: http://jko.jten.mil

2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contract or Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2a. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contract or Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

2b. For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations .

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated sub-contractor employees to…