SF30 Amendment 0005 plus attachments.pdf

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

W912P7-11-B-0005, Pier 36 Demolition Project (All amendments must be acknowledged at time of bid opening)

- Clarification of bid opening time: October 27th, 2011 at 1pm Pacific Coast Time.

- Delete FAR 52.232-15

- Add revised "pricing schedule."

- Add revised "pre-award" survey.

- Add to: Technical Section 01-00-05, Supplementary Conditions (See attached).

- Section 00100 - Bidding Schedule/Instructions to Bidders - portions removed and relocated.

- Section 00800 - Special Contract Requirements - portions removed and relocated.

- Add FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) to Section 00700

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

MODIFICATION OF CONTRACTS/ORDER

NO.

E. IMPORTANT: Contractor

15B. CONTRACTOR/OFFEROR

is not, copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer tended.

Offers 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 submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT 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.

is extended, B.

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

TRACT ORDER NO. IN ITEM 10A.

2. AMENDMENT/MODIFICATION NO.

6. ISSUED BY

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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.

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) is required to sign this document and return

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

PAGE OF PAGES 1. CONTRACT ID CODE

5. PROJECT NO. (If applicable) 4. REQUISITION/PURCHASE REQ. NO. 3. EFFECTIVE DATE

7. ADMINISTERED BY (If other than Item 6)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY

16C. DATE SIGNED

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10B. DATED (SEE ITEM 13)

CODE CODE

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.

is not ex-copies to the issuing office.

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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

USAPPC V2.00

10A.

30-105-02

See item 6US ARMY ENGINEER DISTRICT, SAN FRANCISCO

CONTRACTING DIVISION

1455 MARKET ST., 17TH FLOOR SUITE 1741

SAN FRANCISCO CA 94103-1398

CODE

FACILITY CODE

0005 20 Oct 2011

W912P7-11-B-0005

15 Sep 2011

52.232-15 PROGRESS PAYMENTS NOT INCLUDED (APR 1984)

A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive.

(End of clause)

Section 00010 – Solicitation Contract

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Pier 36

Furnish all labor, materials and equipment necessary to perform the demolition and removal of the entire Pier 36 building and it’s supporting structures to a minimum of three (3) feet below mud line, including the Marginal Wharf and specified areas in accordance with the project specifications, plans, contract clauses and provisions.

PURCHASE REQUEST NUMBER: W62A2B10814814

0000AA 1 Lump Sum Non-Federal funds

NET AMT _____________________

0000AB 1 Lump Sum Federal funds

NET AMT _____________________

L3CT9RPV

Typewritten Text Nothing goes here

L3CT9RPV

Typewritten Text

0001 1 Lump Sum Mobilization and Demobilization

NET AMT ________________________

0002 1 Lump Sum Safety and Traffic Control

TEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Lump Sum Environmental Protection/Monitoring

0004 36,075 Square Foot

Demolition/Deconstruction of (E) Pier 36 Structural Building

0005 86,095 Square

Demolition of (E) Pier 36 Decking, (E) Steel Ferry Ramp. See Reference Drawings-Sheet DP-111

0006 437 Each

Complete Removal/Demolition of Caissons and Piles down to a minimum three (3) Feet below mud-line located at Pier 36

0007 2 Each

Remove and Salvage (E) Fire Hydrants

Total line items 0001 – 0007: ___________________________________________________

OPTION

36,075 Square

Pier 36 Building Hazmat Abatement

NET AMT

OPTION

2140 TON

Complete Removal/Demolition of (E) Timbers Standing and Submerged including Debris from Collapsed pier down to a minimum three (3) feet below mud-line. See Reference Drawings-Sheet DP-112.

Assume the following:

720 TON of Timber 1420 TON all other Debris

NET AMT

00010

OPTION

1 Lump Sum

Seawall Concrete Crack Repair. See References as shown on Drawing-Sheet DP-113, (notes 3 and 4) and DP-503 (Phase 1 SOW note 4 and Phase 2 stage 2 SOW note 2)

OPTION

1 Lump Sum

Demolition of Marginal Wharf within Project Limits, Installation of Inclinometers along Seawall and Seawall Monitoring, Demolition and Removal of all (E) Utilities Protruding off the Seawall, Structural Patch Repairs on left over Orifices. Reference Drawings-DP-101, 111, 113, 114.

74 Each

Demolition of (E) 16” Dia. Piles at Marginal Wharf to a minimum three (3) Feet below mud-line.

10 Each

Complete Removal/Demolition of Caissons supporting the Marginal Wharf at the former Pier 34 footprint down to a minimum three (3) feet below mud-line.

OPTION

1 Lump Sum

Safety and Traffic Control for Optional Items

TEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OPTION

1 Lump Sum

Environmental Protection/Monitoring For Optional Items

Total line items 0008 – 0015: $____________________________________________________

Total bid, line items 0001 – 0015: $_______________________________________________

NOTES

Notes to bidders:

1. Prices must be submitted on all individual items of this Pricing Schedule. Failure to do so may be cause for rejection of bids.

2. If a modification to a price is submitted which provides for a lump sum adjustment to the total price, the application of the lump sum adjustment to each item in the Pricing Schedule must be stated. If it is not stated, the bidder/offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every item in the Pricing Schedule.

3. EFARS 52.214-5000 ARITHMETIC DISCREPANCIES

(a) For the purpose of initial evaluation of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of Pricing Schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends the bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

4. The Government will evaluate bids and award a contract to a responsible bidder in the best interests of the Government.

5. Any bid price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced bid is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

– End of Document –

Amendment 0005: revised October 21, 2011

Pre-Award Survey Instructions:

The Contractor shall have successfully completed 3 marine demolition projects in the past 5 years.

Out of the 3 marine demolition projects requested, one project needs to be a demolition project of comparable size and scope to the proposed Pier 36 project (an eligible comparable project would demonstrate marine demolition of a structure over water to include the removal of a building structure, decking and caissons).

Furnish description of 3 marine demolition projects completed successfully to include:

a. Brief description of the project, not to exceed 2 pages per project, including project dates, estimated completion costs and final project costs.

b. POC’s with current phone numbers (if we cannot contact your references your bid could be considered non-responsive).

The Contractor shall be able to demonstrate a record of satisfactory environmental compliance.

Add to: Technical Section 01-00-05, Supplementary Conditions:

INQUIRIES (IFBs)

Prospective bidders should submit inquiries related to this solicitation in accordance with the following:

(1) For inquiries of a contractual nature (solicitation requirements, interpretation of contractual language):

Contract Specialist: Rick Vredenburg Email: Rick.P.Vredenburg@usace.army.mil

(2) All technical questions must be submitted in writing using both of the following:

E-MAIL: Facundo.Funes@spk.usace.army.mil AND Rick.P.Vredenburg@usace.army.mil

(3) Please include the solicitation number, the project title, the location of the project, the full name of your company, and your telephone in your correspondence. Written inquiries should be received by this office not later than 5 calendar days prior to the date set for bid opening.

(4) Oral explanations or instructions are not binding. Changes to the solicitation can only be made by an amendment to the solicitation.

/ / / / / / / / / / / / / / / / END / / / / / / / / / / / / / / / /

DIRECTIONS FOR SUBMITTING BIDS

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No.: W912P7-11-B-0005

Bid Opening Date: 27 October 2011

Bid Opening Time: 1:00 PM (Pacific Coast Time)

ADDRESS ENVELOPES TO:

Department of the Army

U.S. Army Engineer District, San Francisco

Corps of Engineers mailto:Facundo.Funes@spk.usace.army.mil� mailto:Rick.P.Vredenburg@usace.army.mil�

ATTN: CT W912P711B0005

1455 Market Street, Room 1741

Sacramento CA 95814-2922

Hand-carried bids must be delivered to: 1st Floor, Reception Area at the above address.

Bidders are cautioned to allow sufficient time for submission of hand-carried bids. Security measures have been employed - these measures are considered to be necessary to insure the safety of our personnel.

FACSIMILE BIDS

Facsimile bids, facsimile modifications to bids, or facsimile withdrawal of bids will not be accepted.

/ / / / / / / / / / / / / / / / END / / / / / / / / / / / / / /

PREPARATION OF SUBCONTRACTING PLAN:

(a) See FAR 52.219-9, Section 00700, of this solicitation. Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1,500,000; they are not required from small business firms regardless of the contract price.

(b) Submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(c) The Corps of Engineers highly encourages all bidders to meet the recommended subcontracting goals as follows:

Small Businesses 50.0%

Small Disadvantaged Businesses 17.0%

Women-Owned Small Businesses 18.0%

HUBZone Small Business 10.0%

Veteran-Owned Small Business 8.5%

Service Disabled Veteran Owned Small Business 4.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL

CONTRACT AMOUNT.

SPECIAL REQUIREMENTS

MINIMUM INSURANCE REQUIRED---NON-GOVERNMENT INSTALLATION

Contractors shall procure and thereafter maintain during the entire period of this performance under this contract the following minimum insurance.

Type and Amount

Worker's compensation and employer’s liability: Comply with Federal and State disease statutes;

Employer's liability of at least $100,000

General liability: Bodily injury liability of (comprehensive) at least $500,000 per occurrence

Automobile liability (comprehensive):

Bodily Injury: At least $200,000 per person & $500,000 per occurrence.

Property Damage: At least $20,000 per occurrence

SAFETY AND HEALTH REQUIREMENTS MANUAL

Bidders are advised that they must comply with both EM 385-1-1, “Safety and Health Requirements Manual”, dated 3 November 2003; and the standards issued pursuant to the “Occupational Safety and Health Act of 1970” (OSHA), Public Law 91-596, 91st Congress. It will be the responsibility of the Contractor to be aware of all changes in the OSHA standards and the effective date of such changes which apply during the performance of this contract. (Reference SPD R 1180-1-26 AUG 1973)

CONTRACTOR QUALITY CONTROL (ER 1180-1-6):

The Contractor shall provide and maintain an effective quality control program that complies with the Contract Clause, INSPECTION OF CONSTRUCTION.

(a) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to applicable specifications and drawings with respect to the interim surveys, materials, workmanship, construction, finish, functional performance, and identification. This control will be established for all construction except where the technical specifications of the contract provide for specific Government control by inspection, tests or other means. The Contractor’s control system will specifically include the surveillance and tests required in the technical specifications of the contract specifications. All test reports shall be submitted on forms prescribed by the Contracting Officer.

(b) The Contractor’s quality control system is the means by which he assures himself that his construction complies with the requirements of the contract plans and specifications. The Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction sequence.

(c) The Contractor’s job supervisory staff may be used for quality control, supplemented as necessary by additional personnel for surveillance, special technicians, or testing facilities to provide capability for the controls required by the technical clauses of the specifications.

(d) The Contractor shall furnish to the Government as specified in Section, CONTRACTOR QUALITY CONTROL, quality control plan which shall include the procedures, instructions, and reports to be used.

This document will include as a minimum:

(1) The quality control organization

(2) Number and qualifications of personnel to be used for this purpose.

(3) Authority and responsibilities of quality control personnel

(4) Methods of quality control including that for his subcontractor’s work.

(5) Method of documenting quality control operation, inspection, and testing.

(6) A copy of a letter of direction to the Contractor’s representative responsible for quality control, outlining his duties and responsibilities, and signed by a responsible officer of the firm.

(e) After the contract is awarded and before construction operations are stated, the Contractor shall meet with the Contracting Officer, and discuss quality control responsible officer of the firm.

(f) After the contract is awarded and before construction operations are started, the Contractor shall meet with the Contracting Officer, and discuss quality control requirements. The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the system, and the interrelationship of contractor and Government inspection.

(g) Unless specifically authorized by the Contracting Officer, no construction will be started until the Contractor’s quality control plan is approved.

(h) All compliance inspections will be recorded on approved forms (samples included in Appendixes), including but not limited to the specific items required in each or corrective action take, will be furnished to the Government the next work day following the date of the report.

(i) If recurring deficiencies in an item or items indicate that the quality control system is not adequate, such corrective actions will be taken as directed by the Contracting Officer.

SUBMITTAL SCHEDULE (ER 415-1-10, DTL 1110-4):

(a) Within 30 calendar days after receipt of notice to proceed, the Contractor shall complete and submit to the Contracting Officer, in duplicate, a Submittal Register (ENG Form 4288) listing all submittals required under the contract (including the Contract Clauses, Special Construction Considerations, and the Technical Specifications) and the dates of submittals. In addition to those items listed on ENG Form 4288, the Contractor shall furnish submittals for any proposed deviation from the plans or specifications. The scheduled need dates shall be recorded on the Register for each item for control purposes. In preparing the Register, adequate time (a minimum of 25 calendar days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor’s Quality Control representative shall review the 14 days and take appropriate action to maintain an effective system. Three (3) copies of updated or corrected Register shall be submitted to the Contracting Officer. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) The attached submittal register is a minimum listing of the submittals that the Contractor shall submit to the Contracting Officer. The Contractor shall complete those columns in the submittal register (ENG Form 4288) entitled “NAS Activity Code”, “Submittal Identification Number”, and “Contractor Schedule Dates”. The Contractor shall coordinate the submittal register with the specific detailed requirements of the Technical Specifications of the contract. In the case of conflict between the submittal register and the Technical Specifications of this contract, the requirements of the Special Clauses shall govern.

(c) The listing of submittals in the Submittal Register shall not relieve the Contractor from providing additional submittals required by the Contracting Officer under the provisions of the Contract Clauses.

OTHER CONTRACTORS

The Contractor shall fully cooperate with other Contractors and Government Employees and carefully fit his own work to such work as may be directed by the Contracting Officer (CO) or Authorized Contracting Officer Representative (COR). The Contractor shall not commit or permit any at which will interfere with the performance of work by any other Contractor(s) or by any Government Employee(s), other than written direction by the CO or COR.

ENVIRONMENTAL LITIGATION

(A) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the

Contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the SUSPENSION OF WORK clause of this contract, see Section 00700. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

(B) The term "environmental litigations", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER:

(A) This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE, Section 00700, entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

(B) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

( 6) ( 5) ( 5) ( 3) ( 1) ( 0) ( 0) ( 0) ( 1) ( 2) ( 4) ( 5)

(C) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. (ER 415-1-15, 31 OCT 89)

AS-BUILT DRAWINGS AND SPECIFICATIONS

(a) Minimum of 14 days prior to final inspection of the completed project, the Contractor shall submit to the Contracting two copies each of full size sets of as-built drawings, marked-up in red as actually orders. This as-built drawings and specifications shall be marked-up and maintained daily by the Contractor at the jobsite depicting current conditions at all times until the completion of the work. As-built drawings shall include mark-up of changes and revisions of all related sections, details, plans and elevations, notes, legends, etc., and if necessary, sketches of enlarged details, all done in a clear and precise manner. As-built drawings shall also note the type of material used whenever material option is given in the specification.

(b) Reproducible construction record drawings: The Contractor shall also submit one set of reproducible of any shop drawings that in reality will be used as “construction record drawings”. For example, the Contractor developed shop drawings for lawn sprinkler system, and other information useful to the Using Agency upon completion of the project. Also reproducibles shall be submitted on any additional items requested by the Contracting Officer. Reproducibles shall be submitted on 24” x 36” cronoflex or 3 mil double matte sheets.

Amendment 0005 - Section 00100 - Bidding Schedule/Instructions to Bidders - removed and relocated

SPN 14-4001 INQUIRIES (IFBs) (MAY 2000)

Prospective bidders should submit inquiries related to this solicitation in accordance with the following:

(1) For inquiries of a contractual nature (solicitation requirements, interpretation of contractual language):

Contract Specialist: Rick Vredenburg Email: Rick.P.Vredenburg@usace.army.mil

(2) All technical questions must be submitted in writing using both of the following:

E-MAIL: Facundo.Funes@spk.usace.army.mil AND Rick.P.Vredenburg@usace.army.mil

(3) Please include the solicitation number, the project title, the location of the project, the full name of your company, and your telephone in your correspondence. Written inquiries should be received by this office not later than 5 calendar days prior to the date set for bid opening.

(4) Oral explanations or instructions are not binding. Changes to the solicitation can only be made by an amendment to the solicitation.

/ / / / / / / / / / / / / / / / END OF CLAUSE / / / / / / / / / / / / / / / /

SPN 14-4005 DIRECTIONS FOR SUBMITTING BIDS (MAY 2000)

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No.: W912P7-11-B-0005 Bid Opening Date: 20 October 2011 Bid Opening Time: 1:00 PM

ADDRESS ENVELOPES TO:

Department of the Army U.S. Army Engineer District, San Francisco Corps of Engineers

ATTN: CT W912P711B0005

1455 Market Street, Room 1741 Sacramento CA 95814-2922

Hand-carried bids must be delivered to: 1st Floor, Reception Area at the above address.

Bidders are cautioned to allow sufficient time for submission of hand-carried bids. Security measures have been employed - these measures are considered to be necessary to insure the safety of our personnel.

mailto:Facundo.Funes@spk.usace.army.mil� mailto:Rick.P.Vredenburg@usace.army.mil�

/ / / / / / / / / / / / / / / / END OF CLAUSE / / / / / / / / / / / / / / / /

SPN 14-4007 FACSIMILE BIDS (MAY 2000)

Facsimile bids, facsimile modifications to bids, or facsimile withdrawal of bids will not be accepted.

/ / / / / / / / / / / / / / / / END OF CLAUSE / / / / / / / / / / / / / /

Amendment 0005 - Section 00800 – Special Contract requirements - removed and relocated

Section 00800 - Special Contract Requirements

SPECIAL REQUIREMENTS

52.1180-4126 SAFETY AND HEALTH REQUIREMENTS MANUAL

Bidders are advised that they must comply with both EM 385-1-1, “Safety and Health Requirements Manual”, dated 3 November 2003; and the standards issued pursuant to the “Occupational Safety and Health Act of 1970” (OSHA), Public Law 91-596, 91st Congress. It will be the responsibility of the Contractor to be aware of all changes in the OSHA standards and the effective date of such changes which apply during the performance of this contract.

(Reference SPD R 1180-1-26 AUG 1973)

52.2900-4023 CONTRACTOR QUALITY CONTROL (ER 1180-1-6):

The Contractor shall provide and maintain an effective quality control program that complies with the Contract Clause, INSPECTION OF CONSTRUCTION.

(a) The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of work, including that of his subcontractors, to ensure conformance to applicable specifications and drawings with respect to the interim surveys, materials, workmanship, construction, finish, functional performance, and identification. This control will be established for all construction except where the technical specifications of the contract provide for specific Government control by inspection, tests or other means. The Contractor’s control system will specifically include the surveillance and tests required in the technical specifications of the contract specifications. All test reports shall be submitted on forms prescribed by the Contracting Officer.

(b) The Contractor’s quality control system is the means by which he assures himself that his construction complies with the requirements of the contract plans and specifications. The Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction sequence.

(c) The Contractor’s job supervisory staff may be used for quality control, supplemented as necessary by additional personnel for surveillance, special technicians, or testing facilities to provide capability for the controls required by the technical clauses of the specifications.

(d) The Contractor shall furnish to the Government as specified in Section, CONTRACTOR QUALITY CONTROL, quality control plan which shall include the procedures, instructions, and reports to be used. This document will include as a minimum:

(1) The quality control organization

(2) Number and qualifications of personnel to be used for this purpose.

(3) Authority and responsibilities of quality control personnel

(4) Methods of quality control including that for his subcontractor’s work.

(5) Method of documenting quality control operation, inspection, and testing.

(6) A copy of a letter of direction to the Contractor’s representative responsible for quality control, outlining his duties and responsibilities, and signed by a responsible officer of the firm.

(e) After the contract is awarded and before construction operations are stated, the Contractor shall meet with the Contracting Officer, and discuss quality control responsible officer of the firm.

(f) After the contract is awarded and before construction operations are started, the Contractor shall meet with the Contracting Officer, and discuss quality control requirements. The meeting shall develop mutual understanding relative to details of the system, including the forms to be used for recording the quality control operations, inspections, administration of the system, and the interrelationship of contractor and Government inspection.

(g) Unless specifically authorized by the Contracting Officer, no construction will be started until the Contractor’s quality control plan is approved.

(h) All compliance inspections will be recorded on approved forms (samples included in Appendixes), including but not limited to the specific items required in each or corrective action take, will be furnished to the Government the next work day following the date of the report.

(i) If recurring deficiencies in an item or items indicate that the quality control system is not adequate, such corrective actions will be taken as directed by the Contracting Officer.

52.2900-4025 SUBMITTAL SCHEDULE (ER 415-1-10, DTL 1110-4):

(a) Within 30 calendar days after receipt of notice to proceed, the Contractor shall complete and submit to the Contracting Officer, in duplicate, a Submittal Register (ENG Form 4288) listing all submittals required under the contract (including the Contract Clauses, Special Construction Considerations, and the Technical Specifications) and the dates of submittals. In addition to those items listed on ENG Form 4288, the Contractor shall furnish submittals for any proposed deviation from the plans or specifications. The scheduled need dates shall be recorded on the Register for each item for control purposes. In preparing the Register, adequate time (a minimum of 25 calendar days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor’s Quality Control representative shall review the 14 days and take appropriate action to maintain an effective system. Three (3) copies of updated or corrected Register shall be submitted to the Contracting Officer. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) The attached submittal register is a minimum listing of the submittals that the Contractor shall submit to the Contracting Officer. The Contractor shall complete those columns in the submittal register (ENG Form 4288) entitled “NAS Activity Code”, “Submittal Identification Number”, and “Contractor Schedule Dates”. The Contractor shall coordinate the submittal register with the specific detailed requirements of the Technical Specifications of the contract. In the case of conflict between the submittal register and the Technical Specifications of this contract, the requirements of the Special Clauses shall govern.

(c) The listing of submittals in the Submittal Register shall not relieve the Contractor from providing additional submittals required by the Contracting Officer under the provisions of the Contract Clauses.

52.2900-4030 OTHER CONTRACTORS

The Contractor shall fully cooperate with other Contractors and Government Employees and carefully fit his own work to such work as may be directed by the Contracting Officer (CO) or Authorized Contracting Officer Representative (COR). The Contractor shall not commit or permit any at which will interfere with the performance of work by any other Contractor(s) or by any Government Employee(s), other than written direction by the CO or

COR.

52.2900-4031 SUBCONTRACT APPROVALS

The Contractor shall obtain the written consent of the Contracting Officer (CO) prior to placing any subcontract.

Neither consent by the CO to any subcontract or any provisions thereof shall be construed to be determination: (i) of the acceptability of any subcontract terms or condition, (ii) of the acceptability of any subcontract price or of any amount paid under any responsibility for performing this contract; unless such approval or consent specifically provides otherwise.

52.2900-4013 ENVIRONMENTAL LITIGATION

(A) If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the SUSPENSION OF WORK clause of this contract, see Section 00700. The period of such suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

(B) The term "environmental litigations", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

52.2900-4027 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER:

(A) This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE, Section 00700, entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project.

The delay must be beyond the control and without the fault or negligence of the Contractor.

(B) The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

( 6) ( 5) ( 5) ( 3) ( 1) ( 0) ( 0) ( 0) ( 1) ( 2) ( 4) ( 5)

(C) Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. (ER 415-1-15, 31 OCT 89)

52.2900.4062 AS-BUILT DRAWINGS AND SPECIFICATIONS

(a) Minimum of 14 days prior to final inspection of the completed project, the Contractor shall submit to the Contracting two copies each of full size sets of as-built drawings, marked-up in red as actually orders. This as-built drawings and specifications shall be marked-up and maintained daily by the Contractor at the jobsite depicting current conditions at all times until the completion of the work. As-built drawings shall include mark-up of changes and revisions of all related sections, details, plans and elevations, notes, legends, etc., and if necessary, sketches of enlarged details, all done in a clear and precise manner. As-built drawings shall also note the type of material used whenever material option is given in the specification.

(b) Reproducible construction record drawings: The Contractor shall also submit one set of reproducible of any shop drawings that in reality will be used as “construction record drawings”. For example, the Contractor developed shop drawings for lawn sprinkler system, and other information useful to the Using Agency upon completion of the project. Also reproducibles shall be submitted on any additional items requested by the Contracting Officer.

Reproducibles shall be submitted on 24” x 36” cronoflex or 3 mil double matte sheets.

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause--

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business concerns, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of --

(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to --

(i) Small business concerns,

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns, and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with --

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $650,000 ($1.5 million for construction of any public facility with further subcontracting possibilities) to adopt a plan similar to the plan that complies with the requirements of this clause.

(10) Assurances that the offeror will --

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(v) Provide its prime contract number, its DUNS number, and the e-mail address of the offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a…