W912GB19R0026_0006_Amendment.pdf

JOCPOLAND1

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 extend the proposal due date and time 04 April 2019 at 1400 CEST and clarify that DBA insurance w ill be a NPP item per task order.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

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

16C. DATE SIGNED

BY 28-Mar-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 W912GB19R0026

X 9B. DATED (SEE ITEM 11)

14-Feb-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 X is extended, 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

28-Mar-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:

W912GB19R0026

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 02-Apr-2019 12:00 AM to 04-Apr-2019 02:00 PM.

SECTION 01 00 00 - GENERAL REQUIREMENTS

The following have been modified:

SUMMARY OF WORK

SECTION 01 11 00

SUMMARY OF WORK

1.0 GENERAL INFORMATION

a. PERFORMANCE PERIOD: A base period of one year and 4 one-year option periods.

b. MAXIMUM CONTRACT VALUE: Not to exceed $49,950,000 for the life of contract.

c. MINIMUM GUARANTEE: The minimum guarantee amount is $3,000 in consideration for all years of the contract.

d. TASK ORDER LIMITATIONS: The Minimum Task Order $2,000 and the Maximum Task Order is limited to $2,500,000. However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer. All task orders will be awarded and invoices paid in US dollars or Euros.

e. BANK LETTER OF GUARANTEE and LETTER OF ASSURANCE: The Bank Letter of Assurance shall be €4,800,000 ($5,000,000). The Bank Letters of Guarantee shall be provided at contract award in the amount of €4,800,000 ($5,000,000).

f. UNIT PRICE BOOK (UPB): The UPB titled “2016 Germany UPB Update – Euro Based” is to be used in the pricing and execution of work under this contract.

1.1 PURPOSE AND SCOPE:

The purpose of this solicitation is to obtain minor construction, alteration and repair of real property and utilities by means of a fixed price Indefinite Delivery-Indefinite Quantity Job Order contract. Incidental engineering usually performed at the supplier level in the form of submittals is included in this solicitation. The performance of work is located within Poland. Delivery or performance periods shall be specified in individual task orders.

1.2 GEOGRAPHICAL LOCATION

The geographical area covered by this contract includes facilities throughout Poland.

Specific locations include but are not limited to Drawsko Pomorskie Training Area (DPTA), Zagan-Swietoszow Training Area, Swietoszow Military Complex, Boleslawiec Military Complex, Zagan Military Complex, Skwierzyna Military Base, the 33rd Transport Air Base in Powidz, and Bukowska Base in Poznan.

1.3 TASK ORDERS

a. When the Government has a work request, a Request for Proposal (RFP) will be issued by a Contracting Officer. The RFP shall include information concerning the statement of work, guide specifications, drawings, attachments, information pertaining to a site visit, and any other requirements for submission.

b. Contractor attendance at site visits is considered vital to preparation of 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. The Contractor shall not be reimbursed for attendance during negotiations, site visits, or other pre-Task Order award costs.

c. The Contracting Officer reserves the right to make attendance at site visits mandatory for specific Task Orders.

d. Ordering shall be as specified herein and in accordance with Contract FAR Clauses 52.216-18 Ordering and 52.216-19 Ordering Limitation.

1.4 REQUESTS FOR PROPOSAL

a. After receiving the Request for Proposal (RFP) from the Government, the Contractor shall identify the task and quantities required from the UPB for all pre-priced tasks. The Contractor’s proposal shall include support documentation to indicate that adequate engineering and planning for the requirement has been done and that the tasks proposed are reasonable for the work to be performed.

Contractors shall respond to RFPs within the number of calendar days stated in the RFP by submitting a proposal to the Contracting Officer in accordance with requirements stated in the RFP. Site Visits will be coordinated with the Project Manager or Contracting Officer’s Representative (COR).

b. The Contractor’s proposal shall include, at a minimum, the following:

a. A signed and dated summary letter that includes the proposed project duration, the price summary and any associated assumptions/exclusions, and an acknowledgement of the liquidated damages specified in the RFP (reference FAR 52.211-12).

b. A breakdown of costs utilizing the Unit Price Book with sufficient detail to permit an evaluation of the unit costs of material, labor, equipment, and all indirect cost.

c. For non-prepriced items (if applicable), a copy of all quotes obtained and any related supporting information.

c. Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness and reasonableness. If necessary, the Contracting Officer will arrange with the Contractor to discuss the scope of all pre-priced items and to negotiate all non-pre-priced items and performance times. Upon completion of negotiations, the Contracting Officer will issue a Task Order to the Contractor. The Task Order may include changes to the scope of work (if applicable) as agreed upon in negotiations and the negotiated completion date.

The Contracting Officer will evaluate the Contractor’s proposal and proposed tasks and compare these with the Government’s cost estimate of the detailed scope of work to determine the reasonableness of approach, including the nature and quantity of tasks proposed. Proposals will either be accepted as-is or negotiated to the mutual agreement of both, the Government and the Contractor.

d. Upon conclusion of discussions or negotiations, a Task Order will be issued by the Contracting or Ordering Officer (if appointed) reflecting the negotiated order price and payment terms as outlined in the statement of work and specifications.

The Contracting Officer reserves the right to reject a proposal for any reason, including, but not limited to: the quantities or tasks selected by the Contractor, schedule, inadequate documentation, unacceptable pricing for non-pre-priced tasks, and selection of material, equipment or subcontractors. The Contracting Officer also reserves the right not to issue a Task Order if that is determined to be in the best interests of the Government or the proposed cost exceeds the Government estimate. The Contractor has no claim to recoup proposal expenses. The Government may pursue the performance of such work by other means.

1.5 ORDERING, PAYMENT, AND CURRENCY

Each Task Order issued against this contract shall specify the quantities and tasks necessary to perform the scope of work for that Task Order. Task Orders will be issued on DD Form 1155. The Task Order becomes binding when the Contracting Officer signs the Order.

Payments shall be in accordance with Contract FAR Clauses 52.232-5 Payment Under Fixed-Price Construction Contracts and 52.232-27 Prompt Payment for Construction Contracts.

The Unit Price Book is based on Euro amounts. The Government will make all Task Order awards and all payments for the entire life of the base contract and all exercised options in Euros or US dollars – to be established at time of award.

1.6 UNIT PRICE BOOK

The Unit Price Book (UPB), titled 2016 Germany UPB Update – Euro Based, is to be used as the contract specification in the execution of work under this contract. The UPB is a compilation of real property repair, maintenance, minor construction-related tasks and includes an item number, description of item, unit of measure and a price that are provided by the Government and used in the solicitations and contracts. The various tasks are organized into sections by trade. Each section contains a large volume of items.

The UPB is a document that the government developed and updated in 2016 for pricing throughout Europe. The book is based on the German construction industry standards (DIN) and pricing tools. Provided as part of this contract, is a Conversion Standard document. This document was developed by a comparison of the German DIN Standards to European Standards. The Conversion Standard document provides the closest European Standard equivalent to the DIN. As the German, European, and Polish Standards were developed independently, some DINs do not have a European or Polish Standard equivalent. All construction standards used in this contract must comply with Poland law and Poland technical standards.

Note: When issuing Task Orders for items where there is no European or Polish equivalent, the Contractor may either follow the DIN requirements or may provide a Polish standard or a European Standard for acceptance to the Contracting Officer. This submittal shall be in accordance with the submittal procedures outlined in 01 33 00 Submittal Procedures. When a Polish Standard or European Standard equivalent is accepted by the Contracting Officer, then this standard will become part of the Unit Price Book contract documents.

1.7 COEFFICIENTS

The contractor's coefficients are as a numerical factor increase, (e.g., 1.10) or decrease in association with performance of a Task Order. Coefficients are contractor proposed factors to adjust the contractor’s bottom line for any and all, efficiencies, costs (generally indirect costs) and/ or profit not included in the UPB. The coefficients includes all operating costs including the costs for labor, material, transportation, profit etc, unless otherwise stated in the UPB. The coefficients are proposed by the contractor, incorporated in the contract and used in establishing price for Task Orders.

1.7.1 Coefficient Definitions

Coefficients are a numerical factor that represents contractor costs direct and indirect not considered to be included in the UPB. The Contractor's coefficients shall contain all Contractors costs inclusive of profit, all overhead (to include home office and field overhead), labor burden, insurance, adjustments to listed prices, general and administrative expenses, subcontractor mark-up, mobilization and demobilization, and all other costs including, but not limited to, compliance with environmental laws, permits, preparation of reports, correspondence and documentation required by law or these specifications, tax laws, protection and/or moving of government property and engineering services. Engineering services include those services that are incidental to construction, and completing submittals for construction work. The coefficients shall also include costs necessary to interface with Government representatives, and coordination with occupants and other Contractors as necessary. The coefficient(s) shall also include, but is not limited to, costs for:

a. Contractor’s overhead and profit

b. Subcontractors overheard and profit

c. All cost associated with bank guaranty or bond premiums

d. All waste and excess material

e. Employee payroll taxes, insurance and fringe benefits

f. Other Insurances

g. Business taxes, contributions, memberships, corporate headquarters support

(legal, financial, etc.)

h. Compliance with environmental laws (overhead {indirect} cost associated with performing work in compliance with EPA/OSHA regulations including local Government requirements, including obtaining any necessary licenses and permits, reporting requirements, etc.)

i. Mobilization and close out for the total contract and each Task Order

j. Compliance with protection and safety laws (i.e., safety rails, face and clothing protection, etc.)

k. Clean up

l. Traffic and work-site signs and barriers

m. Project management and supervision

n. Quality control

o. Submittal preparation

p. Office management and equipment

q. Depreciation of mobile office(s)

r. Protection of Government property

s. Interest associated with funding of equipment and payroll

t. As built drawings

u. Permits, licenses and fees

v. Salaries of personnel required to operate and manage the contract, information technology and computer equipment required to manage the contract, off base storage facilities, offices, administrative supplies, office equipment, incidental engineering, job site supervision, vehicle operations and maintenance expenses and telephone charges.

w. Other risk of doing business (i.e. currency risk)

Note: DBA Insurance is not included in the contractor’s co-efficients. DBA Insurance will be proposed as a Non-Pre-Priced (NPP) Item on a task order basis.

Bare Cost is defined as:

a. Material cost which may include freight but may not include any overhead or associated cost whether by the Prime or a Subcontractor, or both.

b. Labor cost which may include associated payroll taxes, but excludes vacations, sick leave or any labor overheads whether by the Prime or Subcontractor, or both.

c. Equipment that is to be used solely as a result of the inclusion of the Non Pre- Priced item whether by the Prime or Subcontractor, or both.

1.7.2 Normal Hour and Other Hour Coefficients

a. Each Task Order issued against this contract shall specify the quantities necessary to perform the scope of work for that Task Order. The quantity shall be multiplied by the unit price established in the UPB and multiplied by the award coefficient for Normal Hours, Other than Normal Hours, or NPP.

b. The contract awarded Normal Hours Coefficient will be applied to the UPB price for work performed during normal work hours, which will be 0800 to 1630 local time, Monday through Friday unless otherwise noted in Task Orders.

c. Other (than Normal) Hour Coefficients from the awarded Price Schedule will be applied during other (than normal) work hours.

d. The contract awarded NPP will be applied to the UPB price for work substantiated by quotes.

1.7.3 Validity of Coefficients

Each set of coefficients for the base period and the option periods shall be valid and remain in full force for a minimum of 365 calendar days, even if an option period is exercised prior to the 365 calendar days.

1.8 NON PRE-PRICED ITEMS

Items of work not covered by the UPB that are within the Scope of the Contract are considered Non Pre-Priced (NPP) items. NPP items shall be negotiated quantities based on actual quotes that are incorporated into Task Orders. The Government reserves the right to request a minimum of three quotes for comparison of pricing and the Government will select a supplier from these three quotes. The Government may request an additional three quotes if the quotes provided are higher than the Government Independent Estimate.

The total dollar value for NPPs is limited to 10% of the total dollar value for the pre-priced items per Task Order. The Ordering Officer’s authority to obligate the U.S.

Government for NPP’s is limited to $2,500 or 10% of the pre-priced items, whichever is less, however, the Contracting Officer has the authority to approve Task Orders with NPP’s exceeding 10% of the total dollar value for pre-priced items. The Contracting Officer reserves the right to require that the Contractor make a reasonable effort to obtain multiple quotes for non-prepriced items in order to best select items that meet the Government’s needs at the best value, and to submit supporting documentation associated with NPPs (for example manufacturer information, a description of efforts to obtain quotes, etc.)

1.9 SAMPLE TASK ORDER

The following sample calculation illustrates the use of the UPB for computation of prices for individual Task Orders.

The Sample Task Order illustrated below is intended to be used as an EXAMPLE ONLY, prices and coefficients are not actual prices.

PARKING APRON DEMOLITION & REPAIR (Sample)

Book Line Item

Description Unit Unit Quantity

Unit Total Measure Price

(1) (2) (3) (4) (5) (6) X.X.X Break up and remove road surface and cutting M3 7.8 $ 230.00 $ 1,794.00

X.X.X Base Course w/compacting M3 6 $ 150.00 $ 900.00

X.X.X Welded wire KG 15 $2.30 $ 34.50

X.X.X Exposed Aggregate 6cm thick slab, gravel concrete (furnish & install)

M3 1.8 $ 47.90 $ 86.22

Total Direct Cost $ 2,814.72

Coefficient * 1.45

Total Price Of Normal Hour Work $ 4,081.34

* Contractor awarded coefficient 1.45 for normal working hours.

NPP

Item Description

Unit Measure

Unit Quantity

Unit Price Total

Reflective Tape LS 1 $ 150.00 $ 150.00 Bidding Schedule Line Item Coefficient * 1.50

Total Price of NPP $ 225.00

Task Order

Normal Work Hours $ 4,081.34

NPP $ 225.00

Total Price of Task Order $4,306.34

ALL AMOUNTS INCLUDING COEFFICIENTS ARE FOR ILLUSTRATION PURPOSES

AND ARE NOT TO BE CONSIDERED TO BE SUGGESTED COEFFICIENTS AND/OR

AMOUNTS

2.1 PLANS AND SPECIFICATIONS

If required, the Government will provide the Contractor one (1) copy of the construction drawings and Statement of Work (with pertinent supplemental specifications) upon issuance of each Task Order. The Government will provide the data as hard copy or as electronic media, such as e-mail or CD ROM. All further reproduction shall be at the Contractors expense.

The Department of Defense has adopted the revised Architectural Barriers Act and its handicap access design provisions as its required Design Standard. This ABA Standard therefore is the single point of design reference regarding construction efforts required for handicap accessible facilities (replacing the combined requirements of Uniform Federal Accessibilities Standards (UFAS) and Americans with Disabilities Act Architectural Guidelines (ADAAG) design standards). All scoping of projects will take into consideration this standard for construction. DoD policy guidelines below:

http://www.access-board.gov/ada-aba/aba-standards-dod.cfm

2.2 CONTRACTOR SUBMITTALS AND CONTRACT ADMINISTRATION

2.2.1 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 representatives 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, the names, address and home phone number 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 her/his 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/her alternate shall be able to understand, speak, and write basic and technical English.

2.2.2 Correspondence and English Speaking Representative

All correspondence shall be in the English language. At all times when any performance of the work at the site is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

2.2.3 Submittals, Shop Drawings and As-Builts

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. Submittals shall be approved by the COR in accordance with Specification Section 01 33 00.

The Contractor shall develop submittals for the Base Contract and shall provide these submittals to the Contracting Officer (KO) for review and approval not later than fifteen

(15) calendar days after award of the 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, Environmental Plan, and the Bank Letter of Guarantee.

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. All Task Order submittals shall be prepared in accordance with Contract FAR Clause 52.236-21 Specification and Drawings for Construction and Specification Section 01 33 00 submittal procedures.

2.2.4 Quality Control

The Contractor shall submit a Quality Control Plan. The plan shall adhere to Specification Section 01 45 01. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with Specification Section 01 45 01 and Contract FAR Clause 52.246-12 Inspection of Construction.

2.2.5 Safety

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

STORAGE AND DISPOSAL OF TOXIC HAZARDOUS MATERIALS,

Specification Section 01 35 26 and 01 35 26.10, and the latest EM 385-1-1 US Army Corps of Engineers Safety and Health Requirements Manual. You may access this manual at the following internet website:

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

b. The Contractor shall develop a Safety Plan 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, Specification Section 01 35 26, and Contract FAR Clause 52.236-13 ACCIDENT PREVENTION. The plan shall, at a minimum, address responsibilities and procedures that all prime and sub-contractor personnel shall follow in the areas of fire safety (hazards prevention, reporting, evacuation layouts, and extinguisher locations), maintenance shop 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 (1) 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.

2.2.6 Asbestos Plan

Before any asbestos work can begin, the Contractor shall submit an Asbestos Plan that demonstrates the Contractor’s ability to perform asbestos abatement in accordance with AHERRA and EPA requirements and Specification Section 02 82 14.00 10 Asbestos Hazard Control Activities located here: https://www.wbdg.org/ffc/dod/unified-facilities-guide-specifications-ufgs/ufgs-02-82-14-00-10. 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.

2.2.7 Permits and Responsibilities

Permits and Responsibilities are the responsibility of the Contractor as required in Contract FAR Clause 52.236-7 PERMITS AND RESPONSIBILITIES and any local requirements provided in task order solicitation.

2.2.8 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 Project Schedules (NAU) or 01 32 16 Small Project Progress Schedules.

2.2.9 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 structures, 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 to 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.

3.0 MODIFICATIONS

Modifications to existing Task Orders shall be determined in accordance with the provisions of Contract including but not limited to FAR Clause 52.243-4 Changes. All pricing for pre-priced items shall utilize the referenced UPB.

4.0 WARRANTY

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 Contract Local Clause 52.246-2100 WARRANTY OF CONSTRUCTION (EUROPE). Extended warranties if applicable shall be provided per Task Order.

5.0 CLOSE OUT

As-built drawings will be provided within two weeks of final acceptance in Microstation compatible format (dwg or dgn). All shop drawings, if required, warranties, extended warranties, test records, inspection certificates, 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 Waste (HTRW) contaminates resulting from the Contractor’s operation.

6.0 PERFORMANCE OF TASK ORDERS

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) 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 a sequence of procedures, means of access, space for storage of 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.

6.1 TIME EXTENSIONS

Time extensions for contract changes will be in accordance with Contract FAR Clause 52.211-13 titled Time Extensions and will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The Change Order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The Change Order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

6.2 LIQUIDATED DAMAGES – CONSTRUCTION

a. The Liquidated Damages are specified in individual Task Orders and if the Contractor fails to complete the work within the time specified in a Task Order, or any extension, the Government shall assess liquidated damages for each day of delay in accordance with Contract FAR Clause 52.211-12.

b. For any Task Orders accomplished at one (1) site for which delay costs are applicable at the same time, the liquidated damages shall be concurrent and cumulative and applied as stated in each individual Task Order.

6.3 EVALUATION OF CONTRACTOR PERFORMANCE

In accordance with AFARS 5117.9005 and 5136.201, the Contractors performance will be evaluated upon completion of each Task Order. Evaluations may be performed on all Task Orders, regardless of dollar amount. As an alternative, the Contractors performance may be evaluated upon completion of work on several small Task Orders with a total dollar value of $700,000 or more. Interim evaluations may be prepared at any time during performance when determined to be in the best interest of the Government.

6.4 SPECIFICATIONS

All work shall be performed as specified herein, per each Task Order requirements, and the Specifications. A list of Specification Sections is as follows:

00 74 00 Special Conditions 00 74 01 Time Extensions for Unusually Adverse Weather (NAU) 00 74 19 Supplemental Conditions For Projects in Poland 01 30 00 General Requirements (NAU) 01 32 01 Project Schedule (NAU) 01 32 16 Small Project Progress Schedules 01 33 00 Submittal Procedures (NAU) 01 35 26 Safety Requirements (NAU) 01 45 00 Quality Control (NAU) 01 45 01 Resident Management System Contractor Mode (RMS CM) (NAU) 01 45 06 Job Order Contact (JOC) Contractor Site Personnel Requirements (NAU) 01 78 00 Closeout Submittals (NAU) 01 78 23 Operations and Maintenance Data (NAU) EP310-1-6a Construction Project Signs 01 June 06

SPECIAL TECHNICAL REQUIREMENTS (STR’s) Department of the Army Manual No. EM 385-5-1 Safety and Health Requirements Manual http://www.usace.army.mil/CESO/Pages/Home.aspx

6.5 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 2:

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility 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 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 installation or facility change, the Government may require changes in contractor security matters or processes.

Clause 2b:

For contractors who 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, as NCIC and TSDB are available), or, at

OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Clause 3:

AT Awareness Training for Contractor Personnel Traveling Overseas. All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.

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 7:

OPSEC Level I Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

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)