Solicitation W912GB-17-R-0009 FY17 Europe Playgrounds.pdf

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(Hour)

PAGE(S)

until 02:00 PM local time 10 Jan 2017

A

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F 82 - 89

90 - 102

X H 103

Robert.E.Corkrum@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 109

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912GB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROBERT E CORKRUM

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 46 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 49 - 50 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

51 - 78

PART II - CO NTRACT CLAUSES

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

79 - 81

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Nov 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912GB-17-R-0009

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SOLICITATION INFORMATION

SOLICITATION INFORMATION

DESCRIPTION: United States Army Corps of Engineers, Europe District (NAU) has a requirement to provide FY17 Playground Installation and Safety Inspection/Audits.

POINTS OF CONTACT:

CONTRACTING OFFICER: JEFFREY HARRINGTON

EMAIL: Jeffrey.j.harrington@USACE.ARMY.MIL

CONTRACT SPECIALIST: ROBERT CORKRUM

EMAIL: Robert.e.corkrum@USACE.ARMY.MIL

REQUESTS FOR INFORMATION ARE DUE NO LATER THAN 12 DECEMBER 2016 AND

SHALL BE DIRECTED TO THE ABOVE INDIVIDUALS.

SUBJECT LINES MUST REFERENCE THE SOLICITATION NUMBER (W912GB-17-R-0009).

NO TELEPHONE CALLS WILL BE ACCEPTED.

mailto:Jeffrey.j.harrington@USACE.ARMY.MIL mailto:Robert.e.corkrum@USACE.ARMY.MIL

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6,000,000 Job Base Period 1

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance, for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces

Facilities and customers within the geographical jurisdictions of US European

Command, with the majority of the work in support of US Army Europe (Germany, Belgium, Netherlands, Italy, Spain, and Turkey).

The contract shall have a total capacity not to exceed $30,000,000, which is the maximum capacity for the base three year period and the two (2) one year option years. The quantities identified in each Contract Line Item Number (CLIN) are estimated values. The overall contract value shall not exceed (NTE) $30,000,000.

FOB: Destination

NET AMT

0002 6,000,000 Job Base Period 2

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance, for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces

Facilities and customers within the geographical jurisdictions of US European

0003 6,000,000 Job Base Period 3

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance, for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces

Facilities and customers within the geographical jurisdictions of US European

0004 6,000,000 Job OPTION Option Period 1

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance, for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces

Facilities and customers within the geographical jurisdictions of US European

0005 6,000,000 Job OPTION Option Period 2

FFP

Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task

Order Contract (SATOC), inclusive of Defense Base Act (DBA) Insurance, for all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S. Forces

Facilities and customers within the geographical jurisdictions of US European

COST & PRICING INFORMATION

SECTION B

COST AND PRICING

B.1 CONTRACT ADMINISTRATION

Section B, Schedule of Services and Rates, pricing shall be used to administer the contract in conjunction with the Equipment Catalog, see this section and Section C. Line Items in the Schedule of Services and

Rates are firm-fixed-prices with quantities are determined and negotiated per Task Order. Individual

Task Orders will be issued as a lump sum firm-fixed-price.

The contractor shall perform all work including inspections, minor construction incidental to the equipment installation and/or fitness/sports fields formation, and shall provide all equipment, material, transportation and shipping, required to complete all Task Order work.

Contractor is responsible for providing and installation of playground equipment and conducting inspections/audits in Italy and Spain as a construction work may be awarded under a different contracting vehicle.

The price of each line item on the Schedule of Services and Rates shall be the fully burdened rate covering all costs incidental to the performance of that particular line item. The fully burdened rate shall include all direct, indirect, general and administrative overhead and profit, as well as all other costs associated with the line item to include but not limited to project management, oversight, quality control, safety, key personnel, labor (other than hourly rates as defined in paragraph C.1.6.1.8), office materials and equipment, materials, and transportation, necessary to provide services and materials complete in place. The number of hours for hourly labor rate line items as defined in paragraph C.1.6.1.8 will be negotiated per project, when required, and the total price included in the lump sum price of the Task

Order.

Construction provisions have been added and will apply to the construction work. Line items considered construction have a C preceding the line item number on the Schedule of Services and Rates.

The Government will make all Task Order awards and all payments for the entire life of the contract and all exercised options in Euros.

B.2 LABORER

Labor rates as defined in paragraph C.1.6.1.8, line item 0001, shall be as indicated on Section B, Schedule of Services and Rates, with quantities determined and negotiated per Task Order and shall be considered fully burdened rates.

B.3 RESILIENT SURFACE SYSTEM, POURED IN PLACE OVER MINERAL OR AGGREGATE and

RUBBER SURFACE SYSTEM PLACED OVER CONCRETE OR ASPHALT

Resilient and Rubber Surface Systems, line items 0002 and 0003, shall be as indicated on Section B, Schedule of Services and Rates, with quantities determined and negotiated per Task Order and shall be considered fully burdened rates.

B.4 DELIVERY AND INSTALLATION OF MINERAL AGGREGATE BASE; MISCELLANEOUS

WORK DESCRIPTION; DELIVERY AND INSTALLATION OF FENCING; and DEMOLITION

Work for line item C-0004 and C-0005 through and inclusive of C-0030 shall be as indicated on Section

B, Schedule of Services and Rates, with quantities determined and negotiated per Task Order and shall be considered fully burdened rates.

B.5 TRAVEL

Travel, line item 0031 through and inclusive of 0033, shall be paid in accordance with FAR 31.205-46 and shall only be negotiated on individual task orders deemed necessary by the Government. Work within Germany, Belgium and the Netherlands shall not have travel costs reimbursed typically since the contract is mainly work in these countries. Travel costs for all other work in other countries is subject to negotiation.

B.6 EQUIPMENT CATALOG

Playground and fitness or sports field equipment, line item 0034 and 0035, for each Task Order shall be priced directly from the current Equipment Pricing Schedule (catalog), as follows:

a. Playground or fitness or sports field equipment shall be priced directly from the current Equipment

Catalog. The Equipment Catalog is the Contractors catalog and/or equipment pricing list. The EPS prices shall remain in effect until 31 December, or the manufacturer’s annual expiration date. The

Contractor shall, on or before 31 December of each year (at least three weeks prior is preferred), or the annual expiration date, provide an updated Equipment Catalog. The pricing of the new Equipment

Catalog is subject to the Contracting Officers approval and shall become effective the date accepted by the contracting officer. This process shall be repeated for subsequent years.

b. All Task Order awards shall be awarded and paid in Euros. However, if equipment prices are in a currency other than Euros, in the Equipment Catalog, the Contracting Officer will apply a currency conversion based on the current daily exchange rate on the day of the approved and signed negotiation.

Rates will be established by accessing the Federal Reserve Statistical Release, Foreign Exchange Rates, updated weekly at the following link: http://www.federalreserve.gov/releases/h10/.

c. The total price to be paid for playground equipment shall be based on an the established Equipment

Catalog (converted to Euros), less all applicable discounts to the Government, and that in no event shall the price exceed the Contractor’s sales price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower.

d. The discount shall be calculated by multiplying the discount percentage to the Price for Equipment, then subtracting the discount from the Price for Equipment which equals the Equipment Total Price.

Formula:

Price for Equipment – (Discount % x Price for Equipment, sum of price taken from catalog) =

Equipment Total Price

Example: €10,000 - (1% x €10,000) = €9,900

B.10 DESIGN LAYOUT, CERTIFIED EQUIPMENT INSTALLATION, AND CERTIFICATION

Design Layout, Certified Equipment Installation, and Certification (DLCEIC), line item 0036, shall be a percentage applied to each Task Order for playground design layout and playground and/or fitness or sports field equipment installation (including equipment foundation works). The percentage awarded for the base and each option year shall be used to administrate the contract. The DLCEIC percentage shall be considered a fully burdened rate based on the entire effort of work to complete the equipment design layout, installation of equipment including foundations, certify equipment installation, and certification for playgrounds which price will include but is not limited to management services, supervision, personnel, labor (other than hourly rates of Line Item 0001 where allowed), materials, facilities, transportation, designers, ordering equipment, overseeing delivery of equipment, providing certified equipment installers, certification and certifiers of playground equipment, providing the warranty of equipment, and all administrative and clerical costs per Task Order, unless specified elsewhere in this specification. This costs includes as-built and certification/final package turn-over documentation.

http://www.federalreserve.gov/releases/h10/

To calculate DLCEIC, the awarded percentage for DLCEIC shall be multiplied to the final negotiated

Euro amount for the equipment ordered on the Task Order. To calculate the Task Order amount, the resulting product for DLCEIC and equipment is then added to the total Euro amount of equipment ordered.

Formula:

Price for Equipment + (DLCEIC % x Price for Equipment, sum of price taken from catalog and including reduction for discount) = Total Price for Design and Equipment

€9,900 + (7.5% x €9,900) = €10,642.50

B.11 SHIPPING

Shipping, line item 0037, will be calculated per Task Order and shall be in accordance with FAR 47, FOB Destination. This item is subject to negotiation. If the cost of final delivery is more the contractor can request modification to cover increased costs. If the final costs is lower than negotiated the government can also request credit. Final shipping costs proof is due upon delivery of equipment per task order to the COR.

Section C - Descriptions and Specifications

SCOPE OF WORK

SECTION C

Playgrounds – Scope of Work

November 2016

C.1 GENERAL TERMS AND CONDITIONS

C.1.1 GENERAL REQUIREMENTS

The contractor shall provide all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment (except as specified in Paragraph 3 as Government furnished) required to perform inspections, reports, design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation for all U. S.

Forces Facilities and customers within the geographical jurisdictions of US Europe Command

(EUCOM), with the majority of the work in support of US Army Europe (USAREUR) (Germany, Individual task orders will be negotiated per Task Order based on descriptions on the Schedule of

Services and Rates, with travel and per diem negotiated in accordance with the Joint Travel Regulation.

C.1.1.1 Playground Equipment Qualifications

Due to the nature of the work and Army regulations, all equipment used under the resulting contract of this solicitation shall meet ASTM requirements and shall be in accordance with CPSC and contain these minimum requirements:

(1) Evidence of all parts/pieces being Consumer Product Safety Commission (CPSC) compliant;

(2) Evidence of meeting Americans with Disability Act Accessibility Guidelines (ADAAG) compliant including equipment for children with special needs;

(3) Evidence of multi-range for ages from infant to 18;

(4) Evidence that material is non-toxic material and weather resistant;

(5) Evidence that primary structural members shall contain no exposed wood surfaces or metal parts;

(6) Evidence of proper bracing and support for both soft and hard surfaces all edges and corners will be rounded with no protrusions, or sharp points or elements to prevent entanglement of clothing.

C.1.1.2 CPSI Certification

Due to the nature of the work and Army regulations, all equipment used under the resulting contract of this solicitation shall require safety certification for each Task Order provided by an authorized professional that is Certified Playground Safety Inspector (CPSI) offered by the National Certification

Board in coordination with the National Park and Recreation Association and the National Playground

Safety Institute.

The CPSI program ensures CPSIs are certified to inspect playgrounds for safety hazards and to ensure compliance with standards set by the American Society for Testing and Materials (ASTM) and

Consumer Product Safety Commission (CPSC) which are requirements of the contract awarded as a result of this solicitation.

The Contractor shall provide evidence of a CPSI certified professional that is in the employment of or has an agreement to act on behalf of the Contractor for the duration of this contract. Evidence shall be a copy of the CPSI certificate for the named individual.

A professional must successfully pass the CPSI examination in order to receive the certification. For more information on the examination please see the CPSI Candidate Handbook, and additional information located at the following web page: http://www.nrpa.org/Content.aspx?id=413.

C.1.1.3 Contractor Responsibilities

The contractor’s work responsibility shall include all contractor planning, programming, administration and management necessary to provide services as specified. The contractor shall ensure that all work meets critical timeliness and work execution rates as specified or included in applicable referenced documents. The contractor shall perform all related contractor administrative services necessary to perform the work to include, but not limited to the following: quality control; maintenance of accurate and complete records and historical data; and the preparation and submittal of cost/schedule reports. The functional areas described herein shall be performed in accordance with the specifications.

C.1.1.4 Compliance

All work shall be in compliance with the terms, conditions, general and special contract requirements, specifications, drawings, attachments, and exhibits contained herein, or incorporated by reference.

Quality standards shall comply with the latest applicable U.S. and/or German standards and provisions, PWS Paragraphs and attachments. In the event that more than one standard applies, the contractor shall perform the work in accordance with order of precedence per the Federal Acquisition Regulation (FAR).

C.1.1.5 Licensing, Certifications, and Permits

Contractors MUST secure ALL required licensing and certifications to provide installation services in the geographical area of operations prior to the start of work per Task Order. Work in Spain requires country clearance by the Spanish Section of the Permanent Committee. The Contractor’s name must be submitted to them prior to task order award.

C.1.1.6 Interference by Other Contractors

If any work outside the scope of this contract, to be executed by Others, impacts or affects the work within the scope of this contract, the contractor will be kept informed by the COR of all work-in-progress by Others. The contractor shall, in turn, provide the necessary coordination to insure that all work under this contract does not interfere with the execution of work by others, and that work is not deterred or delayed. Should the contractor experience delays, scheduling conflicts and/or interference, he shall immediately report the circumstances to the attention of the COR for a quick and equitable resolution.

Failure of the contractor to bring such interference to the attention of the COR shall result in the http://www.nrpa.org/uploadedFiles/Learn_and_Grow/Growing_your_Career/CPSI%20Candidate%20Handbook%20%20-%20Jan%201st%202010.pdf http://www.nrpa.org/Content.aspx?id=413

Government not being liable for any impacts resulting from such interference, or any other circumstances that may result.

C.1.2 SCOPE OF WORK

The contractor shall provide all management services, supervision, personnel, labor, materials, facilities, transportation, general and specialized equipment (except as specified as Government furnished) required to design, furnishing, and installation of sport/fitness/playground equipment and the minor construction incidental to the installation.

Specific tasks include: knowledge and technical expertise of playground equipment positioning and installation compliance in accordance with the National Consumer Product Safety Commission (CPSC)

Guidelines, American Society for Testing Materials (ASTM) and the American with Disabilities Act

Accessibility Guidelines (ADAAG) for playground equipment, outdoor play environments equipment installation and monolithic (poured in place) resilient rubber surfacing, for children (infant to 18 years of age). To include associated, supporting minor construction activities. The contractor shall perform related services such as preparing and submitting required reports, performing administrative work and submitting specified information. The contractor’s work responsibility shall include all contractor planning, programming, administration and management necessary to provide services as specified. The contractor shall ensure that all work meets critical timeliness and work execution rates as specified or included in applicable referenced documents. The contractor shall perform all related contractor administrative services necessary to perform the work to include, but not limited to the following: quality control; maintenance of accurate and complete records and historical data; and the preparation and submittal of cost/schedule reports.

C.1.2.1 Work Hours

The contractor’s normal work hours for personnel shall be determined per facility per Task Order. The majority of the work is anticipated to be as follows:

Monday to Friday: 0800 to 1700 Hr (Work under “Normal Duty hours”)

Unless stated otherwise in this contract, the contractor shall not be required to perform work on Local

Holidays. See clauses 52.000.4046 – Legal Holidays (US/Turkish), and Non-Work Days (Italy).

The contractor should not construe the hours stated above as a limitation of the contractor’s responsibility to perform only during the hours on the days listed. The contractor shall schedule work and resources to allow accomplishment of work required by this contract in a cost effective manner and so that impacts to U. S. Government operations are minimized.

C.1.2.2.3 Facilities Information

Detailed drawings of facilities are not furnished with these specifications, but will be made available

(when applicable and existing) for the contractor through the COR. Each request for drawings or pick-up of plans shall be submitted in writing (email is acceptable) to the COR at least 3 working days in advance.

C.1.3 PROVISION OF UTILITIES

Utilities needed for tasks being accomplished for the U.S. Government will be furnished for contractor operations in Government-owned facilities, free of charge, where available. The contractor, at no cost to the U.S. Government, shall provide utility connections as needed.

Contractor shall use Government furnished utilities in a prudent manner consistent with current energy conservation policies. Lights shall be used only in areas where and when work is actually being performed. Water faucets shall be turned off after the required usage has been accomplished. Contractor personnel shall not adjust mechanical equipment controls for heating, air-conditioning and ventilation systems.

C.1.3.1 Utilities Service Interruption

The contractor shall schedule work so that any buildings are kept in habitable and/or operational conditions at all times. Outages shall be coordinated by written notification (email is acceptable) of the proposed outage to the COR a minimum of five (5) days prior to the projected utility shut-off or as per each individual facility policy for shut-offs. The contractor shall notify all affected housing occupants, and/or facility users, via written notification placed in each occupant’s mailbox. In the event of an emergency utility outage, all affected occupants within the building or facility users will be notified verbally, either by telephone or in-person, and written notice will be posted on apartment doors and facility entrances where no response was obtained.

C.1.4 PROVISION OF MATERIALS

C.1.4.1 Contractor Furnished Materials

The contractor shall provide all materials including playground equipment required for the execution of this contract per task order with the exception of those specifically referred to as "Government-furnished.” The contractor shall obtain all available supplies and materials through the contractors own procurement system. Materials so acquired shall become U.S. Government property once the

Government reimburses the contractor.

C.1.4.2 Government Furnished Materials

The Government will not provide equipment and/or materials to the contractor to perform work under this contract, unless otherwise specified, “C.4 Contractor-Furnished Facilities”. The Government reserves the right to provide the contractor material to be incorporated into any work. The contractor shall provide all means necessary to safeguard, protect, and account for materials entrusted to them until they are incorporated into fixed facilities. In addition to inventory reporting requirements specified elsewhere, the Government may at any time, conduct or direct to be conducted an inventory of

Government-furnished or Government-owned materials and equipment in the contractor’s possession.

The contractor shall replace at their own expense any missing items or other Government-furnished material.

C.1.5 LIABILITIES AND RESPONSIBILITIES OF THE CONTRACTOR

The contractor shall be responsible for the following work activities, and shall be fully liable for all damages resulting from deficiencies in these areas.

C.1.5.1 Safety Requirements

In order to provide safety control for protection of the life and health of employees and other persons; for protection against damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of the contract, the contractor shall comply with EM 385-1-1, Safety and

Health Requirements Manual. The Contractor shall also comply with all other U.S. Government and relevant appropriate country safety regulations depending upon the site location to prevent work accidents.

If the Contractor fails or refuses to promptly comply with safety requirements, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages to the Contractor.

Contractor personnel shall obey all installation traffic regulations. Violation of posted traffic regulations may constitute grounds for withdrawal of an employee's access to the installation.

C.1.5.1.1 Education and Training

The contractor shall provide initial indoctrination and continuing instruction to enable his employees to conduct their work in a safe manner and to recognize and report hazardous conditions to the Government.

Initial indoctrination shall include instruction in safe practices and in the proper use, care, and maintenance of tools and equipment.

C.1.5.1.2 Reporting of On-site Accidents or Injuries

In the event of an accident/incident that involves contractor personnel, which causes personal injury or damage to Government property, the contractor shall contact the Contracting Officer within 24 hours and report the details.

a. The contractor shall prepare an ENG FORM 3394, U.S. Army Corps of Engineers Accident

Investigation Report. Accidents involving work stoppage shall be reported via telephone report to the

COR.

b. If the Government elects to conduct an investigation of the accident, the contractor shall cooperate and fully assist the Government personnel conducting the investigation.

C.1.5.1.3 Notification Procedures

The contractor’s personnel witnessing a fire, accident, a criminal act or a threatening act or condition shall immediately notify the proper authority (fire department or police) and then report the incident to the COR.

a. The contractor shall record the time of the notification, the person notified, and the scope of the emergency. The contractor shall maintain a record of emergency notifications for a period of one year from date of incident.

b. The contractor shall provide the COR copies of the emergency notification record within 24 hours of the request by the Government.

C.1.5.2 Security Requirements

Within five (5) working days of performance work per task order when specifically required at a particular facility or by the COR the contractor shall furnish the following:

a. A written list of all vehicles, including substitute or replacement vehicles, to be used during task order performance.

1) Make and model of vehicle

2) Manufacture model year

3) Passenger capacity

4) Vehicle Identification Number

5) License number

b. A written list of all contractors’ personnel.

1) Full name and current address

2) Location and date of birth

3) Identification document type and number

4) Nationality

5) Class of Operator’s permit, permit number and date of expiration

C.1.5.3 Energy Conservation

Contractor shall use Government furnished utilities in a prudent manner consistent with current energy conservation policies.

C.1.5.4 Fire Protection and Fire Prevention

The contractor shall observe all fire protection and fire prevention regulations. The contractor shall ensure that all contractor employees are made aware of fire safety requirements. Contractor employees shall report potential and/or observed fire hazards to the contractor for immediate notification of the

COR.

C.1.5.5 Protective Measures

The contractor shall be responsible for the safety of occupants and the protection of property in areas and/or facilities used by his personnel during the execution of each task order. Windows, doors and other buildings parts shall be protected from soiling or damage by suitable measures. Flowers and shrubs near buildings shall be suitably protected when located within or adjacent to surfaces which are to be waterproofed, sealed, painted or repaired.

Any Government, or occupant owned, property damaged by the contractor in the performance of the work shall be repaired or replaced by the contractor at no expense to the U.S. Government. The contractor shall provide the occupant written instructions on how to claim for damages or loss of property. Furthermore, the contractor shall be solely responsible for loss of or damage to occupants or

U.S. Government property caused by neglect or improper protective measures during work performance.

The contractor shall immediately notify the COR of damaged or lost property.

Work areas, whether inside a building or on the exterior, shall be kept in a neat and orderly condition, free of clutter, and thoroughly cleaned upon completion of work. Materials, supplies, or equipment that could constitute a hazard shall be safeguarded while in use. Special attention shall be given to flammable materials and potential safety hazards. Spillage, spots, or stains of paint or oil shall be removed daily by approved methods. Parts, materials, tools, and similar items shall be stored in a neat and orderly fashion.

Aisles and passageways shall be kept clear of clutter. Appropriate measures shall be taken to reduce or eliminate airborne dust or debris during contractor operations.

During execution of task orders, all adjacent buildings will normally be occupied. All work shall be performed in a workmanlike manner by craftsmen experienced in their trade, with a minimum disturbance of the occupants. The contractor shall ensure that contractor personnel enter only areas necessary for execution of work. After completion of work, the contractor shall clean work areas so that the occupant(s) will require no additional cleaning.

C.1.5.5.3 Excavation Work

Prior to excavation work, the contractor shall make all prudent efforts to determine the type and location of underground utility (electricity, gas, water, etc.) services. Previously undocumented utility lines and structures discovered shall be reported to the COR within ten working days. Work areas left open overnight, or unattended, shall be temporarily closed to protect building occupants from possible safety hazards.

C.1.5.6 Salvage

All existing material and equipment which has been removed or disconnected from a work site, and is determined by the COR to be in sound condition and/or of recyclable value, but is not specified for reuse, shall remain the property of the U.S. Government. Such material and equipment shall be identified, cleaned, and stored by the Contractor in an area designated by the COR.

All existing material and equipment which have been removed or disconnected and will not be re-used and has no monetary salvage value, shall become the property of the Contractor and shall be cleared out and properly disposed in accordance with local laws and regulations. Salvageable material shall be subject to identification by the COR and decision of Government retention or being released and becoming the property of the Contractor. The Contractor shall remove the materials from the work site and transport all items identified as re-usable/salvage by the COR to the Department of Public Works

(DPW) compound, or as directed by the COR.

C.1.5.7 Environmental Controls

C.1.5.7.1 General

The contractor shall comply with all U.S. Government and local host nation environmental protection laws and regulations, and any other contract requirements for clean air and water, toxic and hazardous substances control, pollution control, and resource conservation and recovery. Any environmental protection matters or questions shall be coordinated with the Contracting Officer or the COR.

C.1.5.7.2 Spill Responsibilities

The contractor is solely responsible for any and all spills or leaks of hazardous waste occurring from the contractor's operation under each task order. This responsibility includes storage, transportation, handling, and disposing of hazardous materials, whether Government-furnished and/or contractor-owned or rented equipment is involved in the operation. The contractor shall clean up all spills or leaks in full compliance with the applicable U.S. Government and local environmental laws.

C.1.5.7.3 Spill Reporting

The contractor shall report within one hour to the COR all spills or accidental releases, which meet host nation requirements for spill recording and reporting. A written report, detailing the circumstances of the spill, shall be provided to the COR within seven calendar days after the initial notification. The report shall include the following information:

a. Item (material) spilled

b. Quantity spilled

c. Exact date, time, and location of spill

d. Initial actions taken

e. Clean-up and disposal procedures performed or planned

C.1.5.7.4 Asbestos Abatement

The contractor shall strictly comply with the provisions as prescribed by law. If the existence of material containing asbestos is discovered, the contractor shall immediately take all necessary precautionary measures to fully protect facility users, building occupants, and contractor personnel from injuries to health. The contractor shall immediately report the location and extent of asbestos to the COR for determination and resolution. All findings of potentially hazardous asbestos material will be documented and maintained on file. Copies of all hazardous material records will be forwarded to the COR.

C.1.5.7.5 Protection of Land Resources

Land resources that are affected by the contractor shall be preserved in their present condition or restored to the condition they were in prior to contractor operations, if damages were caused by the contractor.

The contractor shall minimize land damage due to work activities. Land damage is defined as a change in land or turf which is not authorized by the contract and which detracts from the aesthetic qualities, biological support capabilities, or value of the land.

C.1.5.7.6 Damage to Trees and Shrubs

The contractor shall replace trees or shrubs damaged mechanically or chemically in the course of contractor operations. The contractor shall repair the damage to trees or shrubs, or remove and replace the trees or shrubs with a like item (species and size) or alternate replacement as approved by the COR.

All replacement plants shall be healthy and vigorous. Replacement plants shall be planted during the planting season as approved by the COR. The replaced plants shall be maintained by the contractor for a period of one year to ensure survival. Repairs may include pruning, trimming, tree wound paint, cabling, bracing or guying, and shall be made according to local regulations.

C.1.6 CONTRACTOR 'S PERSONNEL

The Contractor shall provide sufficient personnel for multiple projects and subcontractors in different locations at the same time, including different geographical locations. Duties of Key Personnel may be combined if the combination meets the minimum requirements.

C.1.6.1 Key Personnel

The contractor shall throughout the duration of the contract insure that Key Personnel meet the minimum requirements as listed in Paragraph 1.6 for the following personnel: Project Manager, Quality Control

System Manager, Design/Layout Expert, On-Site Technical Experts, and Safety Inspector, and their alternate if applicable.

C.1.6.1.1 Certifications and Permits

Of the key personnel, a full time permanent personnel with minimum master degree, credentials in Early

Childhood Education or Child Development, Elementary Education that have public record and recognition of knowledge of children’s play, behavior and development shall be available at all times.

Knowledge and credentials must relate to and demonstrate ability to minimize, reduce child hazards, accidents and unacceptable risks on a playground. Individuals must be able to train Child and youth

Development Center staff and local army engineers on child safety, play, inspecting for hazards and care of playground. The contractor shall ensure that qualified personnel execute all services requiring special certification and/or permits. The contractor shall provide the COR with copies of evidence of certificates and permits prior to the start of work. In addition, the Contracting Officer may request evidence of the qualifications of key personnel or resumes of the key personnel prior to start of work or during task order work

C.1.6.1.2 Project Manager

The contractor shall appoint an individual that has the ability to read, write, and speak the English language that shall be the contractor's Project Manager per task order. This individual shall conduct the overall management coordination on the project work and serve as the central point with the Contracting

Officer or COR for the performance of all work. An additional English-speaking individual must be designated to act for the Project Manager, when work is being performed during the absence of the

Project Manager. The Project Manager and their alternate shall be able to understand, speak and write basic and technical English. The Project Manager and the alternate shall have a minimum of five (5) years playground management experience.

C.1.6.1.3 Quality Control System Manager (CQC)

A CQC System Manager shall be identified who shall be responsible for overall management of the CQC and have the authority to act in all CQC matters for the Contractor. The CQC System Manager shall be an experienced full time playground installation person with a minimum of five (5) years experience in related work for equipment, for minor construction the contractor shall provide a QC Manager in accordance with Specification 01 45 01. The CQC System Manger shall be assigned no other duties but may have assumed duties as the Safety Inspector with prior approval from the COR. The CQC System

Manager shall not work as project superintendent. The QCM for task orders requiring construction shall follow the requirements of the construction specifications.

C.1.6.1.5 Design/Layout Expert

Design/Layout Expert shall be able to read, write, and speak the English language and shall have a minimum of five (5) years playground experience. In addition, they shall have experience working with the U.S. Army Standard Design for Outdoor Play, CSPC, and ADAAG.

C.1.6.1.6 Safety Inspector

Safety Inspector shall be a U.S. Nationally credentialed and certified playground safety inspector for equipment. For minor construction Safety Managers shall be in accordance with Specification 01 35 26 and 01 35 26.10.

C.1.6.1.7 Equipment Certifier

The contractor shall have all installed equipment and rubber surfacing certified to meet Consumer

Product Safety Commission (CPSC), American Society for Testing Materials (ASTM), and American disabilities Act (ADAAG) guidelines. The equipment certifier must be certified/qualified to certify the furnished equipment meets CPSC, ASTM and ADAAG guidelines and must be able to demonstrate the required experience/qualifications with 2 years experience in these fields.

C.1.6.1.8 Labor

There are separate line items for:

0001AA: Laborer

0001AB: Tractor/Lift Operator

0001AC: Fall Material HIC test and report

0001AD: Preventive Maintenance Inspection and Reporting

0001AE: Annual Safety Audit

Each of these shall be negotiated per task order.

Line Item 0001AA Labor shall be provided for efforts for any unspecified tasks not directly covered by other line items in the schedule of services and rates. An example would be an effort that requires laborers to remove loose toys or sports equipment from a site prior to conducting construction work.

This line item is anticipated to rarely be used and is subject to agreement of the U.S. Government negotiator with contracting officer’s approval.

Line Item 0001AB Tractor/Lift Operator shall be provided to off-load equipment shipment containers of playground equipment and/or fitness/sports equipment deliveries only. This is not for offloading of any other locally purchased and delivered materials.

Movement of equipment once off loaded is considered ancillary to installation work being accomplished and covered under the “Design Layout, Certified Equipment Installation, Certification Percentage” line item of the schedule of services and rates.

Line Item 0001AC Fall Material HIC test and report shall be for testing of a single point conducted on existing playground fall materials to determine if existing fall surfaces meet requirements for safety certification per CPSC/ASTM. This line item cost includes efforts to produce a proper HIC test results report (see Sample HIC test report for minimum requirements expected).

NOTE: When the contractor completely replaces fall material or installs all new fall material in a new area this material must meet CPSC where required to do so. Line Item 001AC is NOT used in conjunction with these situations. The contracting officer or their designated representative may request proof of any new or completely replaced fall material meeting HIC requirements. This shall be only one test result report per fall area accomplished from the point where the highest fall from a designated fall surface is expected. This proof is considered to be part of the cost of the installation of new or completely replaced fall materials and shall not reimbursed separately.

Line Item 0001AD (i) (ii) and (iii) Preventive Maintenance and Inspection. This line item cost is a lump sum cost to cover a single play area. This work must be accomplished by a CPSI. This lump sum cost includes inspection of the entire play area as well as all equipment. The three separate line items allow for variations in quantity of inspections to allow for discounting for large volumes and costs increases for smaller volume. These visits shall not be sooner than 60 calendar days from any previously accomplished visit under this contract per school. Included in this line item cost are:

a. INSPECTION: Thorough inspection of all equipment components for deterioration, cracks, excessive wear, misalignment, loose joints, signs of malfunctioning, fatigue, improper adjustment, defective threads, vandalism, or other defects that may affect serviceability and safety of equipment. Thorough inspection of the stability of the equipment, safety tiles, screw connections and tightness of screws, bearings and joints, ball bearings at swings, seats and seesaws, moveable parts, chain links, hand grips, foot pegs, cover caps, bolts, washers, steel angles, floor planks, and timbers, slides, swing seat and assemblies, benches, picnic tables, trash receptacles, gazebos and pavilions, to ensure they are serviceable in accordance with their normal function and per ASTM and CPSC.

(1). Inspection of connections for looseness, chaffing, corrosion, crystallization, splinters, and damage likely to cause injury to children.

(2) Inspection of the throw action of all levers and reciprocating parts. Adjust as necessary to ensure proper throw action. Replacement of all gears and levers that are worn beyond their maximum tolerance specified by the manufacturer’s specifications.

Replacement parts shall be manufacture approved. No warranties shall be affected by installation of replacement parts.

(3) Inspection of all gear and lever arrangements for tooth wear, cracks, and corrosion.

(4) Thorough lubrication in accordance with manufacturer’s recommended procedures and standards.

(5) Inspection of all rollers for general functionality, freedom of movement, cracks, or other damage.

(6) Performance of touch-up painting to maintain a neat appearance. Paint shall be non-toxic and free of lead and other proscribed contaminants in compliance with current safety regulations. Paint shall be in accordance to ASTM F-1487 “Standard Consumer

Safety Performance Specification for Playground Equipment for Public Use”, (16 CFR

Part 1303), and applicable host nation standards. Note – Larger scale painting that requires grinding, sanding, etc. shall be accomplished under a separate task order.

(7) Correct signage on the playground equipment to display manufacturer and appropriate age for use.

b. CORRECTIVE ACTION: Corrective action is taken as a response to identification of deficiencies during inspection/maintenance visits. This includes replacement of worn and unserviceable parts with new parts of material of the same design, function, and similar color. It also includes replacement of common hardware items such as screws, nuts and bolts, bolt covers, etc. Replacement of parts and minor repairs costing up to €1,000 is included in the firm fixed price for each preventive maintenance and inspection visit.

The proposed use of replacement or repair parts, materials or other repairs valued in excess of

€1,000 must be submitted to the COR for review and will be submitted to the Contracting Officer as a project work request (PWR) to be accomplished via separate task order. No single repair work over 1,000 € will be accomplished without a Notice to Proceed (NTP) from the Contracting

Officer. Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modification or otherwise change the terms and conditions of the contract.

When installation of such materials is approved by the COR, they shall be invoiced using equipment pricing per approved catalog and other allowable line items from the schedule of services and rates. Replacement parts shall be manufacture approved. No warranties shall be affected by installation of replacement parts.

All work shall detail work done, location, playground, date of repairs and parts used.

c. CLEANING ACTION: Thorough cleaning in accordance with manufacturer’s recommended procedures and standards. All dust, dirt, excessive oil, grease, loose paint, mold, mildew and other foreign matter shall be removed during the cleaning and lubrication process. Cleaning shall apply to any or all components of the play structures and surfacing not just small parts.

d. PREVENTIVE MAINTENANCE & INSPECTION REPORTS: A report for each location will be…