Amd_0002_19R0021.pdf

POLMAT02

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The purpose of this amendment is to provide revised Attachment 1 Specifications Binder and Attachment 4 Bank Letter of Assurance and updated Section 01 30 00.

Proposal due date remains unchanged as 09 May 2019 at 2:00PM Central European Summer Time (CEST).

See continuation page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 03-May-2019

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 W912GB19R0021

X 9B. DATED (SEE ITEM 11)

05-Apr-2019

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 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

02-May-2019

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB19R0021

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 01 10 - TABLE OF CONTENTS

The following have been modified:

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION 00 00 00 Procurement and Contracting Requirements SECTION 00 01 10 Table of Contents SECTION 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule SECTION 00 21 00 Instructions to Offerors SECTION 00 22 00 Supplementary Instructions – Phase ONE of TWO SECTION 00 22 20 Supplementary Instructions – Phase TWO of TWO SECTION 00 45 00 Representations and Certifications - Clauses SECTION 00 70 00 Conditions of the Contract – Contract Clauses SECTION 01 11 00 Summary of Work SECTION 01 30 00 Administrative Requirements

ATTACHMENTS

ATTACHMENT 1 - SPECIFICATIONS BINDER-Rev 1

ATTACHMENT 2A - EXPERIENCE OVERVIEW SHEET

ATTACHMENT 2B - EXPERIENCE INFORMATION SHEET-Rev1

ATTACHMENT 3 - PAST PERFORMANCE EVALUATION QUESTIONNAIRE

ATTACHMENT 4 - BANK LETTER OF ASSURANCE TEMPLATE-Rev 1

ATTACHMENT 5 - BANK LETTER OF GUARANTY TEMPLATE

ATTACHMENT 6 - SAMPLE COMMITMENT LETTER

ATTACHMENT 7 - POLAND VAT PROCEDURES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 09-May-2019 12:00 AM to 09-May-2019 02:00 PM.

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

PHASE TWO OF TWO

Section 00 22 20 Phase TWO of TWO Design-Build Selection Procedures

A. BASIS FOR AWARD

During Phase TWO evaluations, the Government will utilize the Best Value Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to determine best value. This process permits tradeoffs among price and non-price factors. Award will be made to a target of five Offerors proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors described herein. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for all non-price factors. The Government considers it to be in its best interest to allow award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406.

During Phase TWO evaluations, no revisions to Phase ONE proposals will be allowed, unless the Contracting Officer decides it is in the best interest of the Government to hold discussions.

B. PHASE TWO PROPOSAL AND RELATED EVALUATION FACTORS

The Government Source Selection Team (SST) will evaluate proposals according to the factors listed below. Offerors are required to provide data addressing all stated factors in a clear and understandable format. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration. The following Factors will be evaluated in Phase TWO:

Factor 4: Technical Approach – Seed Project Factor 5: Price – Seed Project

Phase ONE evaluation ratings will continue into Phase TWO. All non-price factors (Factors 1-4) are of equal importance to each other; and all non-price factors (Factors 1-4), when combined, are approximately equal in importance to price (Factor 5).

1. PHASE TWO, VOLUME I

a. Section A – Factor 4, Technical Approach– Seed Project

SUBMISSION REQUIREMENTS:

The Offeror shall provide a Technical Approach Narrative and Schedule describing their proposed approach to executing the work required by the RFP documents for the SEED Project. The Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the required contract completion period stated on the schedule.

The schedule shall be prepared in Primavera P6 and submitted in native XER format and shall be specifically-tailored to the SEED project. The schedule shall include all of the major portions of work, including submittals, reviews and approval periods. The schedule shall address long lead-time items and shall take into consideration all major portions of work. For the purposes of this section only, the Offeror shall use the date of *To Be Determined* for Notice to Proceed (NTP) and should prepare the schedule assuming that all base line items and options will be awarded on that date.

The written Technical Approach Narrative shall include all of the following:

a. A description of the Offeror’s plan for executing the work from start to finish, which meets the contractual milestone dates and performance requirements defined in Section 01 10 00 Summary of Work (SEED Project).

b. A description of activities along the two most critical paths of the schedule explaining how durations were determined and logic developed.

c. A description of any construction work to be performed during the late fall, winter, and early spring, with special consideration being given to cold an inclement weather conditions that may be encountered during this time period and any special measures that the Offeror has considered in their proposal.

d. Identification of the 5 (five) main areas of risk identified by the Offeror in their schedule, along with the measures they have incorporated to mitigate the risk.

e. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.).

EVALUATION CRITERIA:

The Technical Approach Narrative and Schedule will be evaluated as one factor. The Offeror’s Technical Approach Narrative and schedule will be evaluated for completeness, logic, reasonableness, and risk associated with the proposed schedule as compared to the Solicitation requirements. In assessing reasonableness, the Government will take into account how well the proposed summary schedule supports the contract duration as compared with the Solicitation requirements and how well it supports and correlates to the work plan narrative. Further, the Offeror’ schedule must specifically demonstrate the Offeror’s ability to satisfy the milestones specified in the price schedule and specification sections. In addition, the Government may use independent judgment concerning logic, constraints and typical construction durations.

The length of the schedule must be equal to the contract duration.

The Government will evaluate the schedule to assess conformance with the Solicitation requirements, the strength of understanding of the project scope, and restrictions, which must be considered in the schedule (e.g., long lead items, critical milestones, logic of proposed phasing, etc.). The Government will evaluate the strength of understanding of events associated with the Offeror's capability to schedule the complete project within the proposed contract duration and the realism of the schedule.

The Government reserves the right to request proof of ownership or binding commitments from equipment suppliers to provide any equipment identified prior to awarding a contract.

For this factor, Offerors will be assigned a combined technical/risk rating from the following table, based on the evaluation of the Offeror’s proposal in accordance with the requirements of the Solicitation:

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is very low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Un-acceptable

Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

Risk levels as described in the adjectival ratings in the combined technical/risk rating table will be assessed according to the following guidelines:

NON-PRICE FACTOR TECHNICAL RISK RATING

Adjectival Rating

Description

Low

Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptable Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

2. PHASE TWO, VOLUME II

a. Section A - Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215-1(c)(2), including:

i. The Solicitation number.

ii. The Offeror’s name, address, and phone/email contact information.

iii. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation to include the seed project proposal and agreement to furnish any or all items upon which prices are offered.

iv. Names, titles, and telephone / email contact information of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this Solicitation.

v. Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

b. Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this Solicitation. If applicable, Offerors shall also submit a completed SF 30 for each Solicitation amendment, acknowledging all the amendments.

c. Section C – Bank Letter of Assurance or Bid Bond equivalent to 25% of the proposed price. the amount shown on Revised Attachfment 4 BLA. See format provided as RFP attachment.

d. Section D – SAM Registration, Representations & Certifications. Offerors shall submit the following:

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award

Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

e. Section E – Factor 5, Price – Seed Project

SUBMISSION REQUIREMENTS:

The Offeror is required to submit a complete Price Proposal Form that includes completion of all contract line item numbers (CLINs).

EVALUATION CRITERIA:

Price will not be assigned an adjectival rating, but rather the Government will evaluate Contract Line Items (CLIN) prices and total evaluated price in accordance with FAR 15.404-1. Offerors are reminded, in accordance with FAR 52.215-20 Alt IV, the Contracting Officer may require additional Other than Cost and Pricing Data to support analysis as required to determine a price fair and reasonable in accordance with FAR 15.403-1. The Government will evaluate price based on the total price.

Total price consists of the base bid items, and all option bid items (all CLINs total).

The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the Solicitation. In accordance with FAR 52.217-5, evaluation of options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the Solicitation.

(ii) Comparison of proposed prices with the independent Government cost estimate.

(iii) Comparison of proposed prices with available historical information.

C. SEED TASK ORDER / MINIMUM GUARANTEE

The Government intends to award the seed project to one of the successful MATOC awardees at the same time as the MATOC award. The basis for award for the seed task order will be best value tradeoff and will use the same non-price evaluation criteria and relative importance as the MATOC award decision. The other MATOC selected Offerors will receive the minimum guarantee as a task order at the time as MATOC award. Should the Government be unable to award the seed project, the Government guarantees an award in the amount of $3,000.00 to each successful Offeror upon award of the Multiple Award Task Order Contracts. This minimum guarantee is over the full term of the contract. Upon the award of a subsequent task order, the minimum guarantee will be deobligated. No legal liability on the part of the Government shall arise until funds are made available to the Contracting Officer and a task order or contract is awarded by the Contracting Officer. Any Offeror proposing on this Solicitation does so at its own cost and with the full knowledge that a task order for the seed project, might not result from this Solicitation.

D. DISCUSSIONS

1. GENERAL INFORMATION. The Government intends to award without discussions, in accordance with the provisions of the RFP and applicable acquisition regulations. The Government will evaluate offers in accordance with the NON-PRICE EVALUATION FACTORS as described above, and the Offeror’s proposed price. Pursuant to FAR 15.306(d), however, discussion sessions may be held if the Contracting officer determines them necessary to determine that award will satisfactorily provide the Government its requirement at a fair and reasonable price. Should discussions take place, a competitive range will be established and all Offerors in the competitive range will be allowed an opportunity to submit Final Proposal Revisions. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

2. DISCUSSION SCHEDULING. If discussions are conducted, the Contracting Officer will schedule the discussion sessions, and each Offeror will be notified in advanced. The Contracting Officer will provide additional instructions with the notification.

SECTION 01 00 00 - GENERAL REQUIREMENTS

01 30 00 ADMIN REQUIREMENTS

SECTION 01 30 00

ADMINISTRATIVE REQUIREMENTS

1. ORDERING PROCEDURES

1.1 General. Ordering procedures will be tailored per task order depending on the circumstances pertinent to each task order scope. These procedures will be determined by the Ordering Contracting Officer in accordance with FAR 16.505. In some cases, the Ordering Contracting Officer may evaluate proposals based on price-only; in other cases, the Ordering Contracting Officer may use other non-price evaluation criteria in addition to price and select the Offeror that presents the best value to the Government. Fair opportunity in accordance with FAR 16.505(b)(1) will be paramount, and the basis for award will be explained in each task order RFP.

Task order proposal requirements will be kept to a minimum as best as possible.

1.2 Site Visits. Offerors attendance at site visits is considered vital to preparation of competitive and cost-effective offers, and to understanding the total results desired by the Government. Failure to attend site visits shall not be used as an excuse for omission or miscalculation in offers, and may be taken into consideration in determining a Contractor’s eligibility to participate in future Task Orders. The Contractors will not be reimbursed for attendance during negotiations, site visits, proposal preparation or other Pre-Task Order award costs. The Ordering Contractor Officer reserves the right to make attendance at site visits mandatory for specific Task Orders and to reject offers by Contractors who have not attended the site visits.

1.3 Proposal Deadlines. Each Task Order RFP will include a stated deadline, by which Contractors shall respond with a proposal to the Ordering Contracting Officer Contractors.

1.4 Negotiations. Task Order proposals will either be accepted as is or negotiated to the mutual agreement of both the Government and the Contractor. In most instances, the Ordering Contracting Officer will intend to evaluate proposals and award a task order without negotiations. Therefore, Offerors should include their best price terms in their initial offer and not assume they will have an opportunity to participate in negotiations and/or be asked to submit a revised proposal. However, the Contracting Officer may determine it necessary after evaluating initial proposals to engage in negotiations and/or other bilateral communications with one or more Offerors. Offerors are reminded, in accordance with FAR 52.215-20, the Contracting Officer may require additional Other than Cost and Pricing Data to support analysis as required to determine a price fair and reasonable in accordance with FAR 15.403-1.

1.5 Task Order Award. Upon conclusion of satisfactory discussions or negotiations (if required), a Task Order will be issued by the Contracting Officer reflecting the negotiated order price and payment terms as outlined in the statement of work or specifications. In any instance where there is failure to reach agreement on price, the Government reserves the right to withdraw the project and have it completed by other means. Task Orders will be issued on DD Form 1155. The Task Order becomes binding when the Contracting Officer signs the Order. The Firm Fixed Price amount for Task Orders shall constitute full compensation to the Contractor for

(1) Furnishing all plant, labor equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings, specifications and/or statement of work. The Contractor shall include in their proposal costs of all work required by drawings, specifications, and/or statement of work.

1.6 Task Order Award Notifications. The Ordering Contracting Officer will notify all Offerors when a task order award is made.

1.7 Debriefs. Offerors are encouraged to request the Ordering Contracting Officer for a debrief. Debriefs will be authorized in accordance with FAR Part 16.505.

1.8 Task Order Ombudsman. In accordance with FAR Part 16.505 and AFARS 5116.505, the Head of the Contracting Activity has appointed a task and delivery order ombudsman. If the Contractor believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the Contracting

Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the US Army Corps of Engineers (USACE) Ombudsman. The ombudsman has the authority to review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order. After coordination with the Contracting Officer, and if he/she agrees with the Contractor, the Ombudsman may require that a Contracting Officer take corrective action regarding the complaint. At this time, the USACE Ombudsman is Colonel Douglas S. Lowry (douglas.s.lowrey@usace.army.mil). Offerors may request updated information for the USACE Ombudsman from the Ordering Contracting Officer.

1.9 Notice to Proceed (NTP). NTP will be issued separately after receipt and approval of an acceptable Bank Letter of Guaranty or Bond, if required, and approved submittals as identified per Task Order RFP.

2. PLANS AND SPECIFICATIONS

When applicable, the Government will provide the contractor one copy of the construction drawings and statement of work (with pertinent supplemental specifications) upon issuance of each Task Order. All further reproduction shall be at the Contractor’s expense. The Government will provide these as hard copy or as electronic media, such as e-mail or CD ROM.

3. CONTRACTOR TASK ORDER SUBMITTALS

The Government requires all documentation (i.e., certificates, licenses, resumes, etc.) submitted and made available for verification purposes shall be in the English language in accordance with Local Clause STR

52.000-4043 CORRESPONDENCE IN THE ENGLISH LANGUAGE (ADDITIONAL INFORMATION).

3.1 Contractor’s Project Manager

a. The Contractor shall appoint an English speaking individual to be the Contractor’s Project Manager. The Contractor’s Project Manager shall have a minimum of five (5) years of construction management experience. Verification documentation will be made available to the Government upon request.

b. This individual shall conduct the overall management coordination on this contract and serve as the central point of contact with the Contracting Officer or his/her authorized representative 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.

c. The Contractor shall provide to the U.S. Government, within seven (7) days of award, the names, addresses, and home phone numbers of the Project Manager and the alternate Contractor personnel with authority to act for the Contractor if the Project Manager cannot be contacted. The Contractor shall also provide the Government, at the Pre-construction Conference for awarded task orders, the names, address, and home phone numbers of the Project Manager’s supervisor.

d. When the Contractor wishes to change authorized Contractor personnel, a ten (10) workday advance written notice of change shall be provided to and approved by the Contracting Officer or his/her representative prior to any change. The Project Manager and/or any alternates designated to act for them, shall have full authority to contractually commit the Contractor for action on matters pertaining to administration of this contract. The Project Manager and his alternate shall be able to understand, speak, and write basic and technical English.

3.2 Submittals, Shop Drawings, and As-Builts

a. The Contractor is responsible for preparation of all shop drawings, submittals, and as-builts for each Task

Order when required and as specified per Task Order. All Task Order submittals shall be prepared in accordance with the FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION and Specification Section 01 33 00 requirements and are subject to the COR’s approval.

b. The Contractor shall develop submittals for the Base Contract and shall provide these submittals to the Contracting Officer (KO) for review and approval no later than fifteen (15) calendar days after award of the Base Contract. In the event any of the Base Contract submittals are disapproved by the KO, the Contractor shall revise the disapproved submittal to address all comments and resubmit to the KO within seven (7) days of receipt of comments. Base Contract submittals shall include but are not limited to Safety Plan, Quality Control Plan, and the Bank Letter of Assurance.

c. The Contractor shall update contract submittals and provide to the KO and/or COR, whichever is applicable, for review and approval whenever changes occur or are proposed.

3.3 Quality Control

The Contractor shall submit a Quality Control Plan with each task order. The plan shall adhere to Specification 01 45 00. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with FAR 52.246-12 INSPECTION OF CONSTRUCTION.

3.4 Safety

a. Safety shall be the sole responsibility of the Contractor. The Contractor shall comply with the Contract Clause FAR 52.236-13 ACCIDENT PREVENTION and DFARS 252.223-7006 PROHIBITION ON

STORAGE, TREATMENT AND DISPOAL OF TOXIC HAZARDOUS MATERIALS.

b. The Contract shall submit a Safety Plan with each task order to describe procedures and plans for preventing accidents and for preserving the life and health of the public, the Contractor, or Government personnel performing, or in any way coming in contact with the performance of this contract.

c. The Contractor’s Safety Plan shall comply with the latest EM 385-1-1 Appendix A of the U.S. Army Corps of Engineers Safety and Health Requirements Manual and Contract Clause FAR 52.236-13 ACCIDENT PREVENTION. The plan, at a minimum, shall address responsibilities and procedures that all prime and subcontractor personnel shall follow in the areas of fire safety, protective clothing, protective equipment, disposal of waste and contaminated oil, and use electric welders, power equipment, and any other systems necessary to protect the employee.

d. Regularly scheduled safety meetings shall be held by the Contractor on site for all of the Contractor’s supervisors on the project to review past activities, plan for new or changed operations and establish safe working procedures for anticipated hazards. At least one tool box safety meeting shall be conducted weekly by the line supervisor or foreman for all workers. Documentation of safety meetings and attendance shall be submitted to the Government.

3.5 Asbestos Plan

When required by the task order, the Contractor shall submit an Asbestos Plan that demonstrates the Contractor’s ability to perform asbestos abatement. The Plan shall identify how key personnel are to be trained and/or certified and how annual training will be provided and documented. A plan for how the asbestos will be handled when encountered during non-asbestos work (contingency) shall be included. The Plan shall state that the COR will be notified prior to working with asbestos or if previously unidentified asbestos is encountered. If asbestos work is to be performed by a subcontractor, the experience and certification of credentials shall be provided. If the firm will perform the asbestos abatement, the firm’s certified personnel shall be identified and a copy of their latest certification provided.

3.6 Permits and Responsibilities

Permits and Responsibilities are the responsibility of the Contractor as required in Contract Clause FAR 52.236-7 PERMITS AND RESPONSIBILITIES and Specification 00 74 00.

3.7 Schedules

Schedules shall be negotiated and determined per Task Order. Schedules shall be submitted to the Government for acceptance in accordance with Specification Section 01 32 01 or 01 32 16 (if applicable).

Refer to Specification Section 00 71 01 for time extensions for adverse weather.

4. CONTRACTOR’S RESPONSIBILITY

a. The contractor shall be held responsible for any and all damages attributed to the actions of the

Contractor or its subcontractors outside the limits of construction, including drainage structure, electrical or telephone facilities, pavement and other facilities.

b. When required, the Contractor shall lay out their work from Government established base lines and/or bench marks as indicated per Task Order. The Contractor shall furnish at their own expense all stakes, templates, platforms, equipment, tools, material, and labor required to lay out any part of the work. The

Contractor shall be responsible for executing the work to the lines and grades as established per Task Order.

c. The Contractor shall erect and maintain temporary barricades, if required, to limit public access to hazardous areas. Barricades shall be required whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic. Barricades shall be securely placed, clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

d. The Contractor shall be responsible for the security of their equipment.

e. Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away.

Materials resulting from demolition activities which are salvageable shall become the property of the contractor unless otherwise stated in the Task Order. Stored material, whether new or salvaged, shall be neatly stacked.

f. All debris shall be removed and the area restored to its original condition, including top soil and seeding if necessary.

5. CHANGES

Changes shall be determined in accordance with the provisions of Contract Clause FAR 52.243-4

CHANGES.

6. WARRANTY OF CONSTRUCTION – EUROPE

The Contractor warrants that the work is performed in a satisfactory manner and meets industry standards.

The Contractor shall provide an understood warranty of two (2) years for all construction and as applicable in the Contract Clause WARRANTY OF CONSTRUCTION EUROPE. Extended warranties if applicable shall be provided per Task Order.

7. CLOSE OUT

Refer to Specification Section 01 78 00 CLOSEOUT SUBMITTALS. All shop drawings, if required, warranties, extended warranties, test records, inspection certifications, and manufacturer certificates shall be provided to the Contracting Officer. The Contractor shall certify in writing that upon completion of the work and cleanup of the work areas that the site is environmentally clean with no Hazardous, Toxic and Radioactive Wastes (HTRW) contaminates resulting from the Contractor’s operation.

8. PAYMENTS

Payments shall be in accordance with Contract Clauses FAR 52.232-5 Payments Under Fixed-Price Construction Contracts and FAR 52.232-27 Prompt Payment for Construction Contracts. Also see Specification Section 00 74 00.

9. PERFORMANCE OF TASK ORDERS

9.1 In performance of work under this contract, the Contractor shall:

a. At the end of each work week, provide the Contracting Officer’s Representative (COR) or authorized representative with a work schedule for the next week complete with an Activity Hazard Analysis (AHA), listing the Task Orders to be worked and the required trades for the following week. The Contracting Officer’s Representative shall be notified immediately if revisions to the Task Order are necessary during the work week.

b. Arrange with the COR or authorized representative a sequence of procedures, means of access, space for storage or materials and equipment, use of approaches, corridors, and stairways. Since space for storage is limited in work areas, the majority of storage must be outside or at the Contractor’s assigned area.

Only materials to be used for work under this contract may be stored at the assigned area.

c. The buildings and work areas may be occupied during performance of work under this contract. The Contractor shall take particular care in the execution of the work in all computer, mechanical, electrical, and telephone equipment areas. Uninterrupted operations must be maintained in these areas.

10. LIQUIDATED DAMAGES – CONSTRUCTION

The Liquidated Damage rates will be specified in individual Task Orders in accordance with FAR Clause 52.211-12 Liquidated Damages.

11. EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each Task Order. Evaluations may be performed on all Task Orders, regardless of the dollar amount.

12. SPECIFICATIONS

The following specifications are incorporated by reference to this contract and all task orders (as applicable):

00 74 00 Special Conditions, 08/18 04/19 00 74 01 Time Extensions for Unusually Adverse Weather, 03/18 03/19 00 74 19 Supplemental Conditions For Projects In Poland (NAU), 06/18 03/19 01 30 00 General Requirements, 06/18 04/19 01 32 01 Project Schedule, 03/18 02/19 01 32 16 Small Project Progress Schedule, 03/18 02/19 (as applicable) 01 33 00 Submittals, 04/18 03/19 01 33 16 Design After Award, 05/18 11/18 01 35 26 Safety and Occupational Health Requirements, 03/18 04/19 01 45 00 Quality Control, 03/18 02/19 01 45 01 Resident Management System Contractor Mode (RMS CM), 04/18 03/19 01 45 05 Site Personnel, 05/18 (updated at task order level) 01 45 10 Design Quality Control, 04/18 01 78 00 Closeouts, 06/18 01 78 23 O&M Data, 06/18

EP 310-1-6a Construction Signs, 06/06

Department of the Army Manual No. EM 385-1-1 Safety and Health Requirements Manual:

http://www.usace.army.mil/CESO/Pages/Home.aspx

13. ANTITERRORISM/OPERATIONS SECURITY

U.S. Army Europe (USAREUR) requires a Mandatory Antiterrorism/Operations Security Review for this acquisition using the standard language text required US based contactor employees and associated sub-contractor employees to make available and to receive government provide area of responsibility (AOR) specific to the following provision and clauses and not all provisions/contract clauses will apply to this requirement.

Clause 1:

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, 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 5 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/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Clause 4:

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Clause 11:

For Contracts Requiring Performance or Delivery in a Foreign Country. All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives.

(End of Summary of Changes)