W912PQ15-C-0004_GYMO _PC.pdf

F9S3S35043A002

Asbestos Abatement, Stratton Air ANational Guard Base, 1 Air National Guard Road, Scotia, NY 123202-9752. Your company must be registered in SAM.gov before the proposal due date, otherw ise your proposal w ill not be considered. A site visit w ill be conducted if requested.. Reference FAR clause 52.236-27. Proposals must include your companies CAGE code, DUNS number and tax ID number. The project is a total small business set-aside. The NAICS code is 541620 and the size standard for Small Business is 14.0M.

In accordance w ith FAR 36.204(b) the magnitude of this project has been estimated betw een $25,000 and $100,000. The scope of w ork is included w ithin the solicitation. If your proposal is accepted and is over thirty thousand dollars (30,000) you must be able to obtain payment bonds or certif icate of deposit w ithing ten calendar days. Reference FAR clause 52.228-13. Work w ill be performed in accordance w ith the contract, plans and technical specifications.

WANDA D. YARBOR 518 344 2477

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

23-Feb-2015

(RFP)

(IFB)

X

CALL:

Asbestos Removal Bldgs 1, 2 and 3

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______14 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________17 Dec 2014 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

W912PQ-15-C-0004

7. ISSUED BY CODE

W912PQ - 109 MSG/MSC

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

W912PQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

VBDZ152006

8. ADDRESS OFFER TO (If Other Than Item 7)

518-344-2687FAX:TEL: 518-344-2477 TEL: FAX:

W912PQ-15-R-0005-0003 45

FA6323 - 109 MSG/MSC STRATTON ANGB

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

1QZ51

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$24,020.00 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified) 0

CODE W912PQ

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE F6710027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

F67100 - DFAS - LIMESTONE

P.O. BOX 369020, BLDG #21 - MAILROOM

COLUMBUS OH 43236-9024

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

G Y M O ACHITECTURE ENGINEERING AND LAND

EDWARD OLLEY, JR

220 STERLING ST

WATERTOWN NY 13601-3313

15. TELEPHONE NO. (Include area code)

(315) 788-3900

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: Proposal Dated 16 Dec 2014

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) WANDA D. YARBOR / CONTRACT OFFICER

TEL: 518 344 2477 EMAIL: wanda.yarbor@ang.af.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 23-Feb-2015

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912PQ-15-C-0004

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each $3,920.00 $3,920.00 NTE Air Monitoring

FFP

Air Monitoring, Asbestos Removal, Building 3 Hallway.

FOB: Destination

NSN: B502-00-000-0000

PURCHASE REQUEST NUMBER: F9S3S35043A002

SIGNAL CODE: A

NET AMT $3,920.00

ACRN AA

CIN: F9S3S35043A0020000AA

$3,920.00

0002 1 Each $5,600.00 $5,600.00 NTE Air Monitoring

FFP

Air Monitoring, Hangar 1 Pipe Removal FOB: Destination

NSN: B502-00-000-0000

NET AMT $5,600.00

$5,600.00

0003 1 Each $3,300.00 $3,300.00 NTE Air Monitoring

FFP

Air Monitoring, Building 18 (2 Rooms), FOB: Destination

NSN: B502-00-000-0000

NET AMT $3,300.00

$3,300.00

0004 1 Each $11,200.00 $11,200.00 NTE Air Monitoring

FFP

Air Monitoring, Building 1 Crawlspace FOB: Destination

NSN: B502-00-000-0000

NET AMT $11,200.00

$11,200.00

0005 1 Each $0.00 $0.00 NTE OPTION Air Monitoring

FFP

Air Monitoring, Building 2 Hallway Asbestos Abatement. Proposed price $5,600.

FOB: Destination

NSN: B502-00-000-0000

NET AMT $0.00

STATEMENT OF WORK

Scope of Work Asbestos Abatement

Project Number VBDZ152006

PROJECT DESCRIPTION

The Contractor shall provide all construction services to remove the materials that have been found to have asbestos in them and replace materials in areas as needed. A separate air monitoring contractor will need to perform testing. Asbestos will be removed and disposed of according to State and Federal Regulations and disposal logs will be vetted through 109th Environmental.

All necessary State and Federal notifications will be managed by the contractor and submitted for review to the 109 AW Environmental office prior to submittal to corresponding regulatory agency. Any associated filing and permitting fees will also be paid for by the contractor. Disposal location must be approved by 109 AW prior to removal, and all disposal paperwork must be coordinated through the 109 AW environmental office.

Building 3 Hallway:

Scope of work will include removing the VCT tile and mastic in the hallway of building 3 (approx. 1,050 SF). Replace tile throughout hallway. Mastic in hallway contains asbestos. Verify and repair subsurface in areas where tile is cracking. Place porcelain tile throughout area.

Hanger 1:

Scope of work will include removal of approx. 300 LF of piping with insulation containing asbestos as well as 2 (two) heating units. Pipe is cut off at walls and should be fully removed. See pictures below.

Building 2 Hallway:

Scope of work will include removal of VCT tile in the Building 2 hallway (approx. 3,205 SF). Replace tile per notes below. This should not be priced as an asbestos abatement job. If tile or mastic is discovered to have asbestos that cost will be covered in Add #4. Verify and repair subsurface in areas where tile is cracking. Place porcelain tile throughout area.

Add #1 – Building 18:

Scope of work will include removing the tile and mastic in 2 (two) small rooms (room 102 – approx. 24 SF) and (room 104 – approx. 98 SF). Replace with VCT tile inside both rooms. This building has asbestos under the tile.

Add #2 – Building 19:

Scope of work will include testing tile and mastic throughout hallways and rooms to see if asbestos is present.

Add #3 – Building 1:

Scope of work includes all piping insulation removal in crawl space underneath the building. Due to contamination, the top two inches (2”) of soil will be removed underneath piping. Area of crawl space is approx. 1,500 SF.

Add #4 – Building 2 Hallway:

Scope of work will include the added price of asbestos abatement in the hallway of building 2 (Approx.

2,368 SF). We are currently waiting on test results as of 9/30/14.

Notes on replacing tile:

-All new tiles will be porcelain tile unless otherwise noted (bld 18 will be VCT) -Slip resistant tile required -Tile color will be selected by building managers after award -10% additional tile will be ordered and left with the base for future repairs -All existing vinyl cove base needs to be removed and replaced without damaging walls. (any damaged walls need to be repaired and repainted by contractor) -All doorways need to have transition thresholds installed -Tile to be custom fitted around door frames -If required contractor will trim doors -Floor access covers must be adjusted accordingly to match tile -Hardness of tile must be Group 5 or PEI 5 based on the Porcelain Enamel Institute (PEI) rating -Grout joints to be sealed minimum of two (2) coats -Grout joints to be a max of 1/8th inch

CONTRACTOR REQUIREMENTS

1. The Contractor will submit all warrantee information against defects in material and workmanship upon completion of installation.

2. The Contractor is responsible for accuracy of all measurements and the implementation of appropriate building codes. The Contractor must get approval from Civil Engineering Production Control (344-2441) and/or Engineering (344-2568) before starting work and before any utility shutdowns.

3. The Contractor is responsible for site cleanliness.

4. The Contractor will sign an AF 1354 to signify the acceptance of the project by ANG and authorize the capitalization of the asset.

5. The Contractor shall provide product submittals for materials prior to beginning work. The 109th Civil Engineering Squadron will review product submittals and return them to the Contractor. Only materials approved by the 109th Civil Engineering Squadron will be used for this project.

PROPOSED PROJECT SCHEDULE

The project will begin 14 days following the Notice to Proceed. The project shall be completed within 90 days following the notice to proceed.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 90 dys. ADC 1 F9S3S3 - 109 CES

LTCOL TY RANDALL

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

518-344-2568 FOB: Destination

F9S3S3

0002 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 90 dys. ADC 1 F9S3S3 - 109 CES

MAJOR TY RANDALL

1 AIR NATIONAL GUARD ROAD

SCOTIA NY 12302-9752

518-344-2568

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984

52.243-5 Changes and Changed Conditions APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7000 Disclosure Of Information AUG 2013 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7005 Airfield Safety Precautions DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .90 days following NTP The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bond Certificate of Deposit

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address::

http://farsite.hill.af.mil

Section 00800 - Special Contract Requirements

ACCOUNTING AND APPROPRIATION DATA

AA: 5753840 585 41G5 374449 010000 52200 52276F 667100 FB6323

AMOUNT: $24,020.00

CIN F9S3S35043A0020000AA: $24,020.00

L

1. INSURANCE - MINIMUM AMOUNTS

1.1. Reference Contract Clause titled, “Insurance -Work on a Government Installation (FAR 52.228-5). Kinds and minimum amounts are as follows:

Workmen’s Compensation $100,000 (see paragraph 1.2, below)

Comprehensive General Liability $500,000 per occurrence for bodily injury

Comprehensive Automobile Liability $200,000 per person and $500,000 per accident for bodily injury and $20,000 for property damage

(If applicable) $200,000 per person and $500,000 per occurrence Aircraft Public and Passenger for bodily injury, other than passenger Liability liability and $200,000 per occurrence for property damage; coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats $200,000 multiplied by the number of seats or passengers, whichever is greater

Except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

1.2. NOTE: Before commencing work under this contract, the Contractor shall certify to the Contracting

Officer, in writing, that the required insurance has been obtained. The policies referenced in the certification (s) shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. The Contractor shall maintain a copy of proofs of required insurance, and shall make copies available to the Contracting Officer upon request. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

2. SCHEDULING

2.1. Normal base work hours for the Contractor will be between the hours of 7:00 AM through 4:30 PM, excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than above, he must notify the Contracting Officer’s Representative (COR) five (5) working days in advance of his intention to work during other periods to allow assignment of additional inspection forces. When the COR determines that they are reasonably available, he may authorize the Contractor to perform work during periods other than normal duty hours/days. However, if inspectors are required to perform in excess of their normal duty hours/days solely for the benefit of the Contractor, the actual cost of the inspection, at overtime rates, will be charged to the Contractor and will be deducted from the final payment of the Contract amount.

2.2. The following Federal legal Holidays are observed by this base:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday of January President’s Day Third Monday of February Memorial Day Last Monday of May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

2.3. NOTE: Any of the above holidays falling on a Saturday will be observed the preceding Friday; holidays falling on a Sunday will be observed on the following Monday.

2.4. Prior to commencing work on the job initially, resumption of work after prolonged interruption (7 calendar days or more), commencement of any warranty work, and upon completion of warranty work, the contractor must notify the Contracting Officer (or the Contracting Officer’s Representative). When relocating to new sites, returning to sites for follow-up work on a phased work plan, notification to the Contracting Officer’s Representative is sufficient. Notification should be by personal contact; however, advance notification may be by telephone, or in writing, and should be accomplished sufficiently in advance to allow scheduling of inspection forces. The purpose of the above precautions is to ensure construction inspection and recording of work proceedings.

2.5. The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of the work to be performed by any trade.

3. INVOICING AND PAYMENT

3.1. Properly prepared invoices, bearing the contract number, shall be submitted in duplicate to the Contracting Office, USPFO-NY, 330 Old Niskayuna Rd., Latham, NY 12110, on designated invoice forms provided at the pre-construction meeting PRIOR to uploading in Wide Area Workflow (WAWF) the DFAS paying system. This submission will be for review prior to submitting an electronic invoice through Wide Area Workflow (WAWF). See end of this Section for important information and codes needed.). Payment will be made by in accordance with FAR Clause 52.232-5 Fixed-Price Construction Contracts and Far Clause 52.232-27, Prompt Payment for Construction Contracts, All payments will be made by electronic transfer of funds (EFT).

3.2. To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, you shall submit your request for payment (invoice) through WAWF. For more information on the WAWF system, including how to register, visit http://www.dfas.mil/dfas/ecommerce/wawf/vendor.html . Payment will be made by paying office specified in the contract award in accordance with the clauses Payments under Fixed-Price Construction Contracts, FAR 52.232-5, and Prompt Payment for Construction Contracts, FAR 52.232-27.

3.3. The Government will make payment through WAWF upon satisfactory completion of work AND receipt of a proper certification for payment. Do not input invoice into WAWF until the pre-approval of invoice is received from the contracting officer. This will lessen the need for rejections in WAWF Payment may be withheld unless all contractual requirements including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS, Small Business Subcontracting Reports, have been timely received.

3.4. All requests for payments through WAWF must include a Subcontractor Payment Register pursuant to FAR Clause 52.232-5 and a contractor’s certification that reads as follows:

I hereby certify, to the best of my knowledge and belief that –

The amounts requested are only for performance in accordance with the specifications, terms and conditions of the contract; All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and requirements of Chapter 39 of Title 31, United States Code; This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from subcontractor or supplier in accordance with the terms and conditions of the subcontract; and This certification is not to be construed as final acceptance of a subcontractor’s performance.

3.5. The Government will make payment upon satisfactory completion of work AND receipt of a proper certification for payment. Payment may be withheld unless all contractual requirements, including but not limited to: RECEIPT OF PROPER WEEKLY PAYROLLS IAW DAVIS BACON REQUIREMENTS, 1and Small Business Subcontracting Reports, have been timely received. Payrolls shall indicate CLIN to which they are applicable.

3.6. A release of claims is required for all final payment requests and shall be submitted by the contractor with the final invoice.

4. CONTRACT ADMINISTRATION

4.1. The contracting office of the 109th AW is the office having administrative jurisdiction over this contract for all matters. A list of the names and telephone numbers of the Government team comprising the contract administrator, Contracting Officer’s Representative (COR), consultant, and point of contact at the project site will be provided at the post-award/pre-construction conference.

4.2. All correspondence shall be addressed to the Contracting Officer. A copy of all correspondence shall be furnished to the contracting officer’s representative. Enclosures attached to or transmitted with the correspondence shall also be furnished with an original and one copy. Each letter shall make reference to the contract name, contract number, project number, and project title, and shall have only one subject. For tracking purposes, a sequential numbering system should be used for all correspondence.

5. PAPERLESS CONTRACTING

5.1. The National Guard is fully committed to the Federal Government’s electronic commerce and paperless contracting initiatives. As such, it is anticipated that to the maximum extent possible to include but not limited to correspondence, modification distribution, etc., to include specifications and drawings, will be issued using electronic methods, i.e., electronic mail (e-mail). Contractors shall have and maintain capability to receive documents in this manner.

5.2. Additionally, it is anticipated that within the life of this contract, other electronic processes will be enacted.

These include, but are not limited to, electronic bidding/offers, change order proposals, and electronic invoicing.

When implemented by the Contracting Officer, contractors shall participate fully in any of these new requirements at no additional cost to the Government.

6. TELEPHONE COMMUNICATIONS SECURITY MONITORING

All communications with DOD organizations are subject to communications security (COMSEC) review.

Contractor personnel must be aware that telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, a DOD

1 Delete reference to subcontracting plan if set-aside organization, they are subject to COMSEC procedures. The contractor shall assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with DOD information.

7. UTILITY SERVICES

The Contracting Officer has determined that Government-operated utilities are adequate and will be furnished to the contractor without charge where existing outlets are available. The contractor is responsible for installing temporary service outlets, as necessary, at its expense in accordance with the clause entitled “Availability and Use of Utility Services” (FAR Clause 52.236-14). The following utilities will be available: Reasonable amount of water and electricity

8. WORK PROGRESS AND PREPARATION OF PROGRESS SCHEDULES AND REPORTS

8.1. A weekly meeting may be held with the Contractor, COR and Contracting Officer (KO), if necessary, to discuss work progress, problems and potential change orders. The Contractor shall attend these meetings at no additional cost to the Government. Prior to beginning work on specific work elements of a project, the contractor shall confer with the COR and agree on a sequence of procedures and means of access to premises and buildings;

space for storage of materials and equipment; delivery of materials; and use of approaches, use of corridors, stairways and similar means of passage.

8.1.1. In accordance with FAR Clause 52.236-15, “Schedules for Construction Contracts”, the contractor shall within five days after work commences on the contract, or another period of time determined by the KO, prepare and submit to the KO for approval three copies of a practicable schedule showing the order in which the contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing features of work. A composite schedule for the overall contract shall also be provided. The schedule shall be on an AF Form 3064, Contract Progress Schedule, or an approved computer generated format similar to the AF Form 3064. The work shall be scheduled so that, upon the start of construction, work progresses in a continuous and diligent manner. A schedule which does not reflect steady and reasonable progress throughout the construction period will be rejected. Both the Contractor and the COR are required to provide monthly progress reports covering the period from notice to proceed through final inspection. Unless agreement cannot be made on the applicable percentage of progress a joint report will be submitted to the Contracting Officer. This reports shall be submitted on the NGB Contract Progress Report form (similar to an AF Form 3065), or an approved computer generated similar format. These reports shall track progress by CLIN, if contract contains multiple CLINs, multiple AF Form 3064 and NG Contract Progress Reports will also be required for payment purposes.

8.2. Additionally, for projects exceeding $1M, the contractor shall provide a project plan in a commercially available network scheduling software that meets requirements of the specification to define work tasks and track progress. At least five days prior to work initiation, the contractor shall provide the Contracting Officer a hardcopy CPM and a formatted diskette or CD copy, or e-mail file copy, of the plan that shall include definition of rescues.

No work may start until the Contracting Officer approves the plan in writing.

8.3. The Contractor shall prepare a work progress schedule required for completion of each of the various divisions of work. Updated plans and Form 3064 showing work progress (hardcopy and formatted diskette or CD, or e-mail file copy), unless otherwise directed by the Contracting Officer, shall be provided monthly. If there are possible deviations from the original plan, those must be noted and approved by the Contracting Officer before work changes are implemented. The schedule shall be submitted to the Contracting Officer, in the number of copies as directed. Reference Contract Clause FAR 52.236-15, “Schedules for Construction Contracts”. The reports contemplated by the clause herein titled “Schedules for Construction Contracts” shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, “Contract Progress Schedule” and a National Guard Contract Progress Report”.

9. NOTICE OF COMPLETION OF CONSTRUCTION/PRE-FINAL AND FINAL INSPECTION

9.1. The contractor shall conduct a pre-final inspection in the presence of the Contracting Officer’s Representative (COR) prior to the date scheduled for Final Inspection. Any discrepancies noted shall be corrected prior to Final Inspection.

9.2. The contractor shall request scheduling of a final inspection in writing to the Contracting Officer at least five (5) working days prior to the desired date or as otherwise negotiated with the Contracting Officer.

9.3. Civil Engineering personnel and the Contracting Officer will perform the Final Inspection in the presence of the contractor, and any discrepancies noted shall be corrected within the time specified by the Contracting Officer.

9.4. Final Inspection shall not constitute acceptance of a project unless so stipulated by issuance of a separate acceptance notice.

9.5. The contractor is cautioned to ensure they have completed adequate Quality Control reviews prior to scheduling pre-final or final inspections. In the event the Contracting Officer finds that the project is not ready for the applicable inspection, (too many discrepancies) the contractor may be held liable for the costs of a repeat inspection. If the inspection involves A/E personnel these costs may include additional labor, travel and miscellaneous expenses.

10. DESIGNATION OF TECHNICAL REPRESENTATIVE

The Contracting Officer will appoint a qualified Contracting Officer’s Representative (COR) for the purposes of technically administering the contract; however, all matters concerning this contract or any work ordered placed against this contract must first be approved by the Contracting Officer. This in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.

11. CONTRACTOR STAFF AND EMPLOYEES

11.1. Prior to commencing on-site construction, the contractor shall provide the Contracting Officer with a telephone number and FAX number at which the contractor or his representative may be contacted at any time during regular working hours and an emergency number at which the contractor may be contacted in situations requiring immediate attention.

11.2. Supervision. The Government shall not exercise any supervision or control over the contractor employees performing services under this contract; such employees shall be accountable not to the Government, but solely to the contractor, who in turn is responsible to the Government.

11.3. Contractor’s Employees. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the contractor to remove from the job site, any employee the Contracting Officer deems incompetent, careless or otherwise objectionable.

12. CONTRACTOR OFFICE AND STORAGE

12.1. Parking of contractor vehicles shall be restricted to the contractor’s designed on-site area or the work area. The company name shall be prominently displayed on all construction vehicles parked on the job site.

12.2. Security of material storage areas on the job site shall be the responsibility of the contractor. The area shall be kept neat and orderly and free of debris.

13. VERIFICATION OF DIMENSIONS

The contractor shall be responsible for the coordination and proper relation of all aspects of the work. He/she shall field verify all dimensions and advise the Contracting Officer of any discrepancies prior to proceeding with any phase of the work. Where exact locations are not given for the positioning of equipment and devices, they shall be positioned to permit easy access for maintenance and for removal and replacement of component parts.

14. SECURITY REQUIREMENTS

14.1. The contractor shall comply with all security regulations imposed by the base/post commander and/or agency occupying the space where work is to be performed. Any necessary security clearances shall be obtained prior to commencement of work.

14.2. It is expected that new security requirements to satisfy contractor personal identification requirements in Homeland Security Presidential Directive (HSPD-12), ''Policy for a Common Identification Standard for Federal Employees and Contractors,'' and Federal Information Processing Standards Publication (FIPS

PUB) Number 201, ''Personal Identity Verification (PIV) of Federal Employees and Contractors” will be enacted during the life of this contract. Contractor shall comply with all requirements, at no additional cost to the Government.

14.3. The contractor shall ensure that all parts of the facility where work is being performed are adequately protected against vandalism and theft.

14.4. Contractors shall follow instructions provided by the Security Forces for access to the Fort Drum military installation. If a gate pass is not granted to a contractor allowing the delivery of goods, execution of warranty support, or performance of services please contact the contracting officer. Be sure that all of your employees have the proper ID (drivers license, state ID, immigration card, U.S. Passport, etc.). If they do not have the proper ID, they will be turned away.

14.5. The Prime Contractor and all of its subcontractors will be required to wear orange or lime colored safety vests while performing work on the installation.

14.6. U.S. Government will not be held liable for any delays or breach of contract caused by refusal of the

Security Forces to allow entry.

14.7. All prospective contractors MUST be U.S. citizens or MUST have established and maintain legal residence in the U.S., and are authorized by the US government to work in the United States (i.e. Green card, worker authorization, etc.). All prospective contractors MUST have at least one form of U.S. government issued photo identification (drivers license, U.S. passport, U.S. work visa, etc.) for entry to the installation. Security Forces will review any questionable identification documents for determination as to whether or not said identification is authorized for access to the installation.

14.8. All prospective contractors/contractor employees, once it has been established that they maintain the appropriate credential as described in one above, are subject to a Criminal History Check.

14.9. Note: For the purposes of Contracting services, it is implied that, that any and all parties agree to a

Criminal History Background Check once entered into any contract. Any documents that are provided and found fraudulent to include, but not limited to driver’s licenses, contracting licenses, etc., will result in an arrest and potential termination for default from the contract. All contractors are subject to search in order to obtain entry onto the installation and while working on the installation. Any refusal to submit to a search of their person or vehicle will be deemed as a violent act of aggression against the installation and will be cause for dismissal from the installation and revocation of future privileges and installation access.

14.10. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within a National Guard controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to National Guard installations, facilities and controlled access shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the Contracting Officer’s Representative (COR).

14.10.1. AT Level 1 awareness training is available at the following website:

https://atlevel1.dtic.mil/at

15. REGULATIONS

15.1. The contractor shall comply with all applicable Federal, State, Local, DOD, National Guard Bureau, Army and Air Force regulations pertaining to safety, traffic control and fire prevention.

15.2. The contractor may use the Civil Engineering library, which contains most applicable Army and Air

Force publications as well as some commercial project data information, or the Defense Procurement and Acquisition Policy website, http://www.acq.osd.mil/dpap/, which has links for several other sites with available publications, forms and project data information. These may also be acquired from the Government Printing Office website, http://www.gpoaccess.gov/index.html

16. TRANSPORTATION, HANDLING AND STORAGE

16.1. The contractor shall coordinate with suppliers and shippers to ensure that incoming materials are properly identified with the contractor’s name, contract number and project title. The contractor shall designate an authorized individual to be available to receive shipment. The Government will not provide storage other than that available at the project site.

16.2. Storage of supplies, materials and equipment on the project site shall be accomplished in such a manner so as to prevent mechanical and climatic damage and loss due to vandalism or theft. Equipment temporarily removed in the performance of work and stored on the job site shall be stored and protected in accordance with previous paragraphs, and shall be replaced in a condition compatible with its original state. Security for equipment and material removed from the job site for temporary storage until reuse shall be the responsibility of the contractor.

17. CLEANUP AND DISPOSAL OF DEBRIS AND FILL MATERIALS

17.1. At the end of each workday, the contractor shall clean up the work and storage areas and stack all materials in a manner approved by the Contracting Officer or his designated representative. Upon completion of a project, the contractor shall ensure that all dirt, trash, and debris resulting from the construction operations are removed from the work area. Unless directed otherwise in the contract or by the Contracting Officer, disposal of debris shall be made at the contractor’s expense and shall be delivered to a state approved disposal site located off base. Debris shall not be left in such a manner that wind or other weather conditions can cause the debris to be scattered outside the work area (i.e., on nearby runways, ramps or taxiways).

17.2. The hauling and disposal of excess fill material including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be the responsibility of the contractor. Disposal shall be in accordance with applicable state and local regulations.

18. ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law. Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

19. HAZARDOUS MATERIALS

19.1. Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract.

19.2. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos-containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating. Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities.

29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

20. POLLUTION ABATEMENT

20.1. All work shall be performed in a manner minimizing pollution of air, water and land as required.

20.2. Transporting materials to or from the site shall be accomplished in a manner preventing materials or particles from becoming airborne. Earth materials shall be wetted or otherwise protected. Gravel, sand and concrete shall be contained within vehicles to prevent spillage. Tarpaulins must be fastened over load before entering surrounding streets. Removal of any materials dropped or blown off vehicles shall be the responsibility of the contractor.

20.3. Burning of any material is strictly prohibited.

20.4. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils, bitumen, acids or other harmful materials. Grading shall be accomplished to prevent surface drainage from the construction site containing harmful amounts of sediment from draining onto adjacent areas.

20.5. Flushing of concrete trucks is restricted to the location specifically designed for this purpose by the

Contracting Officer’s Representative.

20.6. Excess mortar, plaster or drywall materials shall not be disposed of on Government property. Water utilized for plastering or drywall equipment shall be disposed of in accordance with the instructions of the COR, and under no circumstances shall water be disposed of in areas which are planted or scheduled to be planted.

21. COORDINATION WITH GOVERNMENT ACTIVITIES

21.1. If it becomes necessary to interrupt work activities in buildings and/or areas for construction purposes, permission to do so must be requested in writing to the Contracting Officer 2 working days prior to commencing work on the planned interruption and shall be subject to Civil Engineering approval. Written requests for street closing shall be submitted for approval of the COR 2 working days prior to closing the street.

21.2. Work in connection with this contract which requires utility outages, including electrical, water, gas, steam, etc., which will close down or limit (as determined by the Contracting Officer) normal activities in the building, construction area or other affected areas, shall be performed by the contractor at a time other than the regular work period of the organization occupying the facility. Work required by the contractor on a non-standard basis or at premium pay shall be done at no additional cost to the Government. Request for utility outages shall be submitted to the COR, in writing 2 working days prior to commencing work and shall be subject to his/her approval.

21.3. Any temporary construction for facilities used by the contractor for preventing interruption of normal work activity or loss of utility services shall be subject to Contracting Officer’s approval.

22. UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices, and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

23. PERFORMANCE EVALUATION OF CONTRACTOR

23.1. As a minimum, the contractor’s performance will be evaluated upon final inspection. Any specific requirements for contract quality control and quality assurance by the Government personnel will be defined in the specifications. The contractor will be rated as outstanding, satisfactory or unsatisfactory in the areas of contract quality control, timely performance, effectiveness of management, compliance with labor standards, and compliance with safety standards. The contractor will be notified of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all contractor comments will be made a part of the official record. Performance evaluation reports will be available to all DoD Contracting Officers for their future use.

23.2. All DoD contractors are required to obtain a Public Key Infrastructure (PKI) certificate to access the CPARS/ACASS/CCASS applications. DoD contractors are required to purchase a certificate from an External Certificate Authority (ECA) at no additional cost to the Government. . Contractor must be proactive in obtaining certificates, as they will not have the ability to view and comment on performance evaluations without the certificate. . If you have questions on obtaining PKI certificates, please visit www.cpars.navy.mil.