text: SOLICITATION, OFFER, 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES AND AWARD SEALED BID (IFB) 13-Aug-2009 W912C3-09-T-0038 1 OF 46 (Construction, Alteration, or Repair) NEGOTIATED (RFP) IMPORTANT - The "offer" section on the reverse m ust be fully com pleted by offeror. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO. W81YDN91524500 B9-L-0216-R-08 7. ISSUED BY CODE W912C3 8. ADDRESS OFFER TO (If Other Than Item 7) CODE ARMY RESERVE CONTRACTING CENTER FT BUCHANAN DIRECTORATE OF CONTRACTING See Item 7 BLDG 399 218 BROOK STREET FORT BUCHANAN PR 00934-4206 TEL: 787-707-2487 FAX: 787-707-2491 TEL: FAX: 9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: JANNETTE DELGADO 787-707-4528 SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date): TENNIS COURTS RESURFACING PROJECT TITTLE : Tennis Courts Resurfacing at Building 369, Fort Buchanan, PR SET-ASIDE : 100% SMALL BUSINESS NAICS : 237990 MAGNITUDE OF PROJECT : Betw een $ 25,000 and $ 100,000 Completion Days : 90 Calendar Days after Notice to Proceed PROJECT : B9-L-0216-R-08 R7-08 DRAWING NO : IJO-CRD-10216-8J 10 90 11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. 52.211-10 (See _________________________ .) 12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS (If "YES," indicate within how many calendar days after award in Item 12B.) 90 X YES NO 13. ADDITIONAL SOLICITATION REQUIREMENTS: 1 10:00 AM A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ (hour) 31 Aug 2009 local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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. 60 D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected. NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1(e) SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair) OFFER (M ust be fully completed by offeror) 14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code) 16. REMITTANCE ADDRESS (Include only if different than Item 14) See Item 14 CODE FACILITY CODE 17. The offeror agrees to perform the w ork required at the prices specified 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. (Insert any number equal to or greater than 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 20B. SIGNATURE 20C. OFFER DATE OFFER (Type or print) AWARD (To be completed by Government) 21. ITEMS ACCEPTED: 22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA 24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unless otherwise specified) 10 U.S.C. 2304(c) 41 U.S.C. 253(c) 26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY: CODE CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE 28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.) document and return _______ copies to issuing office.) Contractor agrees Y our 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. 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print) TO SIGN (Type or print) TEL: EMAIL: 30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE BY NSN 7540-01-155-3212 STANDARD FORM 1442 BACK (REV. 4-85) W912C3-09-T-0038 Page 3 of 46 Section 00010 - Solicitation Contract Form ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Lump Sum RESURFACING OF 2 TENNIS COURTS, BLDG 369. FFP Contractor shall provide all labor, material, equipment, and supervision for the Repairs and Resurfacing of 2 Tennis Courts, building 369. Total area is 120' x 108' including painting of courts and lines all in accordance to the scope of work and drawings. Performance period of 90 calendar days. FOB: Destination PURCHASE REQUEST NUMBER: W81YDN91524500 NET AMT 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 DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 90 dys. ADC 1 SR W1H1 USAG FT BUCHANAN W81YDN LIONEL TORRES DPW LOGISTICS DIVISION BLDG 556 COLUMBUS ST FORT BUCHANAN PR 009345040 787-707-3228 FOB: Destination W912C3-09-T-0038 Page 4 of 46 Section 00600 - Representations & Certifications CLAUSES INCORPORATED BY FULL TEXT 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to – (i) Those prices, (ii) The intention to submit an offer, or (iii) The methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) W912C3-09-T-0038 Page 5 of 46 (a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12). (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision. (c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract. (d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (End of provision) 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 (2) The small business size standard is $31.0M (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: (__) Paragraph (d) applies. (__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: W912C3-09-T-0038 Page 6 of 46 (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm- fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration. (iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that-- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. W912C3-09-T-0038 Page 7 of 46 (xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1. (xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies. (xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. (xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: (Contracting Officer check as appropriate.) ----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program. ------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program. ------(iii) 52.219-22, Small Disadvantaged Business Status. ------(A) Basic. ------(B) Alternate I. ------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. W912C3-09-T-0038 Page 8 of 46 ------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification. ------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only). ------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting. ------(ix) 52.227-6, Royalty Information. ------ (A) Basic. ------ (B) Alternate I. ------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. ------------------------------------------------------------------------ FAR Clause Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of Provision) 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and W912C3-09-T-0038 Page 9 of 46 (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment; and similar positions). (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of W912C3-09-T-0038 Page 10 of 46 an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 (2) The small business size standard is $31.0M (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (5) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, as part of its offer, that-- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision-- W912C3-09-T-0038 Page 11 of 46 Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16). "Small business concern," means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern," means a small business concern -- (1) That is at least 51 percent owned by one or more women; in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) W912C3-09-T-0038 Page 12 of 46 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEBRUARY 2001) (a) Definition. Forced or indentured child labor means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. (b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor. Listed End Product ---------------------------------------------------------------------- ---------------------------------------------------------------------- Listed Countries of Origin ---------------------------------------------------------------------- ---------------------------------------------------------------------- (c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision. ( ) (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product. ( ) (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (End of provision) 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008) As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. (End of provision) W912C3-09-T-0038 Page 13 of 46 52.225-2 BUY AMERICAN ACT CERTIFICATE (FEB 2009) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of ―domestic end product.‖ The terms ―commercially available off-the-shelf (COTS) item, ― ―component,‖ ―domestic end product,‖ ―end product,‖ ―foreign end product,‖ and ―United States‖ are defined in the clause of this solicitation entitled ―Buy American Act--Supplies.‖ (b) Foreign End Products: Line Item No.:--------------------------------------------------------- Country of Origin:----------------------------------------------------- (List as necessary) (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. (End of provision) 52.225-6 TRADE AGREEMENTS CERTIFICATE (JAN 2005) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements.'' (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin:----------------------------------------------------- (List as necessary), (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.- made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation. (End of provision) W912C3-09-T-0038 Page 14 of 46 Section 00700 - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.204-6 Data Universal Numbering System (DUNS) Number APR 2008 52.209-6 Protecting the Government's Interest When Subcontracting SEP 2006 With Contractors Debarred, Suspended, or Proposed for Debarment 52.211-13 Time Extensions SEP 2000 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.225-9 Buy American Act--Construction Materials FEB 2009 52.225-11 Buy American Act--Construction Materials Under Trade MAR 2009 Agreements 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.233-3 Protest After Award AUG 1996 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, APR 1984 Utilities, and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed APR 1984 Price) (Short Form) 52.249-10 Default (Fixed-Price Construction) APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.211-7003 Item Identification and Valuation AUG 2008 252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008 Reports 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea MAY 2002 CLAUSES INCORPORATED BY FULL TEXT W912C3-09-T-0038 Page 15 of 46 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) The Contractor shall be required to (a) commence work under this contract within 15 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 calendar days* The time stated for completion shall include final cleanup of the premises. (End of clause) 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (MAR 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (OCT 2008). (v) 52.233-1, Disputes (Jul 2002). (vi) 52.244-6, Subcontracts for Commercial Items (MAR 2009). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: W912C3-09-T-0038 Page 16 of 46 (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126). (ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (v) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) (Applies to contracts over $30,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.). (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts over $100,000). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be-- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.) (x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) W912C3-09-T-0038 Page 17 of 46 (xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (SEPT 1989) (Applies to fixed-price supplies). (iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.) (iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 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/these address(es): (Insert one or more Internet addresses) (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. W912C3-09-T-0038 Page 18 of 46 The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (End of clause) 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance 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. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of clause) 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Site visits may be arranged during normal duty hours by contacting: Name: Jannette Delgado Address: Bldg. 399, Directorate Of Contracting, Fort Buchanan Telephone:787-707-4528 c) Site Visit : August 19, 2009; 9:00am Vendors that are interested in attending at the site visit can submit an e-mail to Jannette Delgado at : firstname.lastname@example.com with the following information: W912C3-09-T-0038 Page 19 of 46 Number of Project : W912C3-09-T-0038 Name of the Project : Tennis Courts Resurfacing Name of Company : _________________________________ Name of Individual(s) Attending : __________________________ (Limit 2 Persons) Social Security of Individual(s) Attending : _________________________________ Tel/Cel of those attending : __________________________________________ Model, Make, Color and License Plate of Car to be used : _____________________________________________________________ The last day for notification to attend site visit is : August 18, 2009; 8:30 am. NO OTHER SITE VISIT WILL BE CONDUCTED (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): FAR: http://www.arnet.gov/far/ DFARS: http://www.acq.osd.mil/dp/dars/dfars.html (End of provision W912C3-09-T-0038 Page 20 of 46 Section 00800 - Special Contract Requirements CLAUSES INCORPORATED BY REFERENCE 52.225-10 Notice of Buy American Act Requirement--Construction FEB 2009 Materials 52.225-12 Notice of Buy American Act Requirement - Construction FEB 2009 Materials Under Trade Agreements AMC 52.233-4703 AMC-LEVEL PROTEST PROGRAM 05/01/2004 If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. HQ Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile Number: (703) 806-8866 or 8875 Packages sent by FedEx or UPS should be addressed to: HQ Army Materiel Command Office of Command Counsel Room 2-1SEC3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC level protest procedures are found at: http://www.amc.army/mil/pa/COMMANDCOUNSEL.asp If internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures. W912C3-09-T-0038 Page 21 of 46 (End of Provision) WAWF WAWF INSTRUCTIONS To be eligible for contract awards from this organization, you must now use an E-invoicing system called Wide Area Work Flow (WAWF). WAWF is a web-based tool used to electronically process invoices and receiving reports. It is one of three E-Invoicing options identified in DFARS 252.232-7003, but is considered the ―preferred‖ E-Invoicing solution within DoD. WAWF enables pre-population of data, data sharing, improved data accuracy, decreased redundant data entry, decreased lost or misplaced documents, and online access to contracts and related records. Email addresses, along with routing and location codes contained in the contract, are used to enable document access and alert users of pending document actions and status. Contractors benefit via increased cash flow and the DoD benefits via reduced interest penalty payments. To gain access to the WAWF production system, contractors must acquire an account for their company and register their employees to use the system. There is no charge to register for or to use WAWF. Registration instructions and online training are available at www.wawftraining.com. Contractors must possess a Contractor and Government Entity (CAGE) code, maintain a current registration in the Contractor Central Registration database and identify an Electronic Business Point of Contact. For security purposes, WAWF user identity is assured via Public Key Infrastructure authentication methods which enable structured user IDs, secure passwords and/or digital certificate capability. Documents are verified via digital signature and transmissions are processed with secure audit capability. A review of the online training module ―Determine Type of Document to Create‖ under Vendor Training at www.wawftraining.com is recommended. Questions on WAWF may be directed to the WAWF Help Desk (available 24/7) at 866-618-5988. For your contract, the following data elements will be required to create and route your WAWF documents correctly: -Contract and/or Delivery Order Number -CAGE Code -Issue Date -Issue By DoDAAC -Admin DoDAAC -Inspect By DoDAAC -Service Acceptor DODAAC -Ship To Code (DoDAAC or CAGE Code) -Local Processing Office (LPO) DoDAAC* -Pay DoDAAC *LPO DoDAACs are used for Navy contracts only. The following email addresses will be required to specifically alert the individuals responsible for reviewing and/or approving your WAWF documents: The Contractor is exempt from submitting payment requests and receiving reports in electronic form based on criteria found in DFARS 232.7002(a). The exemption for this contract is : Purchases paid for with a Government wide commercial purchase card. BASIS OF AWARD Award will be made to the responsible, responsive vendor that provides the lowest price and meets all terms and conditions of the solicitation and the requirement. STATEMENT OF WORK W912C3-09-T-0038 Page 22 of 46 TABLE OF CONTENT DIVISION 01 -- GENERAL REQUIREMENTS SECTION 01110 STATEMENT OF WORK SECTION 01200 WARRANTY OF CONSTRUCTION ZERO ACCIDENTS INDEX SECTION 01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS DIVISION 02 -- SITE WORK SECTION 02790 TENNIS COURT RESURFACING SECTION 02793 ASPHALT PAVEMENT – SURFACE PATCHING DIVISIONS 03 THROUGH 13 -- NOT USED DIVISIONS 14 THROUGH 16 -- NOT USED W912C3-09-T-0038 Page 23 of 46 SECTION 01110 STATEMENT OF WORK PART 1 GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS 1.1.1 Project Description The work includes but is not limited to repair, seal, resurface, patching, regulation lines and paint surface of existing tennis courts identified as Facility 369 located at Fort Buchanan, P.R. 1.1.2 Prospective Bidders Only bidders with satisfactory past performance, trained and certified for installing the type of coating systems described on the attached specifications will be considered for this project. All prospective bidders are expected to visit the site and familiarize themselves with all conditions that might affect the work or cost thereof. A site visit is not mandatory but is highly encouraged. 1.1.3 Location The work shall be located at Fort Buchanan, P.R., approximately as indicated. The exact location will be shown by the Contracting Officer. 1.2 EXISTING WORK In addition to "FAR 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements": a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain. b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the Contracting Officer. At the completion of operations, existing work shall be in a condition equal to or better than that which existed before new work started. 1.3 DESCRIPTION OF WORK The general intention of this project is to shall be in compliance with Federal & Local Environmental Regulations. W912C3-09-T-0038 Page 24 of 46 1.3.1 Tennis Courts for repairs The following are the Facility Number and their respective dimensions and areas to be repaired and resurfaced. Areas for the detailed regulations line painting and dimensions are shown and described on drawings. W912C3-09-T-0038 Page 25 of 46 SECTION 01200 WARRANTY OF CONSTRUCTION ZERO ACCIDENTS INDEX PART 1 WARRANTY OF CONSTRUCTION 1.0 Warranty of Construction (Apr 1984) 1.1 In Addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph 1.10 below, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workman-ship performed by the Contractor or any subcontractor or supplier at any tier. 1.2 This Warranty shall continue for a period of 2 years from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession. 1.3 The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of: 1.3.1 The Contractor's failure to conform to contract requirements; or 1.3.2 Any defect of equipment, material, workmanship, or design furnished. 1.4 The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement. 1.5 The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. 1.6 If the Contractor fails to remedy any failure, defect, or damage within a time as specified in paragraph: WARRANTY SERVICE CALLS after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. 1.7 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: 1.7.1 Obtain all warranties that would be given in normal commercial practice; 1.7.2 Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer, and 1.7.3 Enforce all warranties for the benefit of the Government, if directed by the Contracting officer. W912C3-09-T-0038 Page 26 of 46 1.8 In the Event the Contractor's warranty under paragraph 1.2 above has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. 1.9 Unless a Defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government- furnished material or design. 1.10 This Warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. 1.11 Defects in Design or manufacture of equipment specified by the Government on a ―brand name and model‖ basis, shall not be included in this warranty. In the event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government. (Based on FAR 52.246-21) PART 2 WARRANTY SERVICE CALLS (APR 1984) 2.0 Warranty Service Calls: The Contractor shall furnish to the Contracting Officer the names of local service representatives and/or Contractors that are available for warranty service calls and who will respond to a call within the time periods as follows: 4 hours for heating, air-conditioning, refrigeration, air supply and distribution, and critical electrical service systems and food service equipment, and 24 hours for all other systems. The names, addresses, and telephone numbers for day, night, weekend, and holiday service responses shall be furnished to the Contracting Officer and also posted at a conspicuous location in each mechanical and electrical room or close to the unit. -- END OF SECTION -- Fac. Number Dimensions (Ft) Total Area (SF) 369 _______ 13,600 S/F TOTAL _______ 13,600 S/F Photos of the existing facility are shown in drawing _______. All details, sections, and notes shown in the drawings of existing facility are intended to be typical for all courts and shall be applied to unless otherwise noted. 1.3.2 Delivery Location W912C3-09-T-0038 Page 27 of 46 The contractor shall deliver any materials or equipment to be used in conjunction with this project in the area indicated by the contracting officer. Area shall be located not less than 25 meters of occupied dwelling units, and shall be approved by the Contracting Officer previous endorsement by Provost Marshall Office (PMO). 1.4 CONTRACTOR ACCESS AND USE OF PREMISES 1.4.1 Activity Regulations The contractor shall ensure his personnel employed on base become familiar with and obey base regulations. Wear hard hats in designated areas. Do not enter any restricted areas unless required to do so and until cleared for such entry. The Contractor's equipment shall be conspicuously marked for identification. 1.4.2 Protection of Premises The Contractor shall take all necessary precautions to protect the Government and private property from damage as a result of his operations. Existing property so damaged shall be promptly restored, repaired or replaced to its original condition by the Contractor at his own expense. 1.4.3 Contractor Personnel Requirements Notwithstanding the provisions of the General Clauses entitled "Identification of Employees 1965 Jan", the Contractor will be required to obtain from the Contracting Officer, identification cards for his key personnel in order to have access to the job site. 1.4.4 Temporary Pass A personnel list with their social security numbers shall be submitted to the Contracting Officer in order to obtain a temporary pass/access approval to Post for each employee and vehicle. All Contractors' personnel shall wear clothing identifying them as company employees. PART 2 PRODUCTS 2.1 ACRYLIC SURFACE The acrylic surface component materials shall meet the requirements specified in Section 02790. PART 3 EXECUTION The contractor is responsible for verifying existing conditions at the job site during the pre-award site visit(s). The Fort Buchanan Directorate of Contracting (DOC) will coordinate with the Directorate of Public Works (DPW) W912C3-09-T-0038 Page 28 of 46 and contractors to assure that the area will be available for inspection. Contractor shall verify the actual field conditions and notify in writing to the Contracting Officer of: a. Any conflicting detail or discrepancy within the scope of work. b. Any deviation from normal or assumed conditions. c. Any recommendation to improve contract project execution for a better final product. Tennis Court Resurfacing. 3.1 TIME OF PERFORMANCE The contractor shall be required to complete the work in 90 calendar days after receipt of Notice to proceed by the Contracting Officer. 3.1.1 Safety Requirements Contractors shall comply with the latest version of EM 385-1-1 (including interim changes) that is in effect on the date of solicitation. Prior to making an offer, bidders should check the HQUSACE Safety and Occupational Health web site for the latest changes. No separate payment will be made for compliance with this paragraph or for compliance with other safety and health requirements of this contract. 3.1.2 Construction Progress Schedule The contractor shall submit for approval a construction progress schedule of planned performance within 15 calendar days after contract award. 3.1.3 Schedule of Prices Deleted 3.1.4 Access Roads The contractor shall at all times refrain from the use of any roads, grounds, or other facilities which have not been specifically authorized for his use. 3.1.5 Working Hours Regular working hours shall be from 0700 to 1600 Monday through Friday, excluding Federal Government holidays. Work outside regular working hours W912C3-09-T-0038 Page 29 of 46 will require prior approval from the Contracting Officer. A written request shall be provided to the Contracting Officer for approval, 15 calendar days prior to commencement. 3.1.6 Preconstruction Conference After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the value engineering and safety program, preparation of the schedule prices, shop drawings, and other submittals, scheduling programming, and prosecution of the work. Major subcontractors who will engage in the work shall also attend. 3.2 WORK SCHEDULE Do not begin work until authorization is received from the Contracting Officer. Remove rubbish and debris from Government property daily, unless otherwise directed. The work includes removal of identified items and materials, and removal of resulting rubbish and debris. Materials that cannot be removed daily shall be stored in areas specified by the Contracting Officer. In the interest of occupational safety and health, perform the work in accordance with COE EM 385-1-1 and other applicable Sections. 3.2.1 Additional contract requirements 220.127.116.11 Temporary Safety Fence The contractor shall install a temporary barricade (Safety Net) around the perimeter of the courts areas to prevent unauthorized entry to the work area. Upon completion of the work the Contractor shall remove the temporary fence and restore original ground conditions including sod as required. 220.127.116.11 Solid Waste & Salvage Materials The contractor shall dispose solid waste debris resulting from work on a daily basis. Some materials such as existing backboards and goal rims might be marked to be salvaged. Materials to be salvaged shall be indicated by the contracting officer. 188.8.131.52 Weekly Report Contractor shall submit a weekly report including but not limited to the following information: a. Work performed every day W912C3-09-T-0038 Page 30 of 46 b. Weather conditions c. Personnel working every day d. Equipment being used e. Weight in pounds of debris removed from the base. 22.214.171.124 Contract Specifications Contractor shall comply with attached Specifications: 02790 TENNIS COURT RESURFACING 02793 ASPHALT PAVEMENT – SURFACE PATCHING 22.214.171.124 Submittals Submit three (3) copies of product data, drawings, samples, certifications, maintenance data, samples, etc in accordance with attached specifications. 126.96.36.199 Base Operations Disruptions Contractor shall conduct his operations so as to cause the least possible interference with the normal operations of the Post because the facilities (streets, driveways, and parking areas) will remain in operation during the entire construction period. 18.104.22.168 Final Inspection Contractor shall request final inspection in writing with at least fifteen (15) working days in advance for proper coordination and approval by the Contracting Officer. 126.96.36.199 Material Storage The Contractor shall store materials only in places where directed. No fire hazardous materials of flammable liquids shall be stored or otherwise maintained within a building or structure, except as approved, and in accordance with the local fire regulations. 126.96.36.199 Environmental Protection In order to present and provide for abatement and control of any environmental pollution arising from the activities in the performance of this contract, the Contractor shall comply with all applicable pollution control and abatement, and all applicable provisions of the Corps of Engineers Manual, EM 385-1-1, entitled: General Safety Requirements, in effect on the date of solicitation. For the purposes of this contract, environmental pollution is defined as the presence of chemical, physical, or W912C3-09-T-0038 Page 31 of 46 biological elements of agents which adversely affect human life; affect other species of importance to man; or degrade the utility of the environment for aesthetics and recreational purposes. 22.214.171.124 Final Clean-up Adjacent areas and surfaces negatively affected during the performance of this contract shall be left clean and returned to the original condition. 126.96.36.199 Safety Program The Contractor shall submit a plan detailing the Safety Program in accordance with the safety requirements for approval. The Contractor shall meet with representatives of the Directorate of Public Works (DPW) to discuss and develop mutual understanding relative to the administration of the Safety Program prior to commencing of the work. 18.104.22.168 Accident Reports The contractor and his sub-contractors shall maintain an accurate record, and shall report to the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, material, supplies, and equipment incidental to work performed under the contract. End of Section – W912C3-09-T-0038 Page 32 of 46 SECTION 01525 SAFETY AND OCCUPATIONAL HEALTH REQUIREMENTS PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) ANSI A10.32 Personal Fall Protection - Safety Requirements for Construction and Demolition Operations ANSI Z359.1 (1992; R 1999) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components ANSI/ASSE A10.34 (2001) Protection of the Public on or Adjacent to Construction Sites ASME INTERNATIONAL (ASME) ASME B30.22 (2005) Articulating Boom Cranes ASME B30.3 (1996) Construction Tower Cranes ASME B30.5 (2004) Mobile and Locomotive Cranes ASME B30.8 (2004) Floating Cranes and Floating Derricks NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) NFPA 10 (2002) Portable Fire Extinguishers NFPA 241 (2004) Safeguarding Construction, Alteration, and Demolition Operations NFPA 51B (2003) Fire Prevention during Welding, Cutting, and Other Hot Work NFPA 70 (2005) National Electrical Code NFPA 70E (2004) Electrical Safety in the Workplace W912C3-09-T-0038 Page 33 of 46 U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 (2003) Safety -- Safety and Health Requirements U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) 29 CFR 1910 Occupational Safety and Health Standards 29 CFR 1910.146 Permit-required Confined Spaces 29 CFR 1915 Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment 29 CFR 1919 Gear Certification 29 CFR 1926 Safety and Health Regulations for Construction 29 CFR 1926.500 Fall Protection 1.2 SUBMITTALS Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Government acceptance is required for submittals with a "G, A" designation. SD-06 Test Reports Reports Submit reports as their incidence occurs, in accordance with the requirements of the paragraph entitled, "Reports." Accident Reports Regulatory Citations and Violations 1.3 DEFINITIONS a. High Visibility Accident. Any mishap which may generate publicity and/or high visibility. b. Medical Treatment. Treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even through provided by a physician or registered personnel. W912C3-09-T-0038 Page 34 of 46 c. Recordable Injuries or Illnesses. Any work-related injury or illness that results in: (1) Death, regardless of the time between the injury and death, or the length of the illness; (2) Days away from work (any time lost after day of injury/illness onset); (3) Restricted work; (4) Transfer to another job; (5) Medical treatment beyond first aid; (6) Loss of consciousness; or (7) A significant injury or illness diagnosed by a physician or other licensed health care professional, even if it did not result in (1) through (6) above. d. "USACE" property and equipment specified in USACE EM 385-1-1 should be interpreted as Government property and equipment. 1.4 REGULATORY REQUIREMENTS In addition to the detailed requirements included in the provisions of this contract, work performed shall comply with USACE EM 385-1-1. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements shall apply. 1.5 SITE QUALIFICATIONS, DUTIES AND MEETINGS 1.5.1 Personnel Qualifications 22.214.171.124 Site Safety and Health Officer (SSHO) Site Safety and Health Officer (SSHO) shall be provided at the work site at all times to perform safety and occupational health management, surveillance, inspections, and safety enforcement for the Contractor. The SSHO shall meet the following requirements: Level 1: Worked on similar projects. 10-hour OSHA construction safety class or equivalent within last 3 years. Competent person training as needed. 1.5.2 Personnel Duties 22.214.171.124 Site Safety and Health Officer (SSHO)/Superintendent a. Conduct daily safety and health inspections and maintain a written log which includes area/operation inspected, date of inspection, W912C3-09-T-0038 Page 35 of 46 identified hazards, recommended corrective actions, estimated and actual dates of corrections. Safety inspection logs shall be attached to the Contractors' daily production report. b. Conduct mishap investigations and complete required reports. Maintain the OSHA Form 300 and Daily Production reports for prime and sub-contractors. c. Maintain applicable safety reference material on the job site. d. Attend the pre-construction conference, pre-work meetings including preparatory inspection meeting, and periodic in-progress meetings. e. Ensure sub-contractor compliance with safety and health requirements. Failure to perform the above duties will result in dismissal of the superintendent and/or SSHO, and a project work stoppage. The project work stoppage will remain in effect pending approval of a suitable replacement. 1.5.3 Meetings 18.104.22.168 Preconstruction Conference a. Contractor representatives who have a responsibility or significant role in accident prevention on the project shall attend the preconstruction conference. 1.6 EM 385-1-1 CONTENTS In addition to the requirements outlines in Appendix A of USACE EM 385-1-1, the following is required: a. Lead Compliance Plan. The safety and health aspects of lead work in construction. b. Site Demolition Plan. The safety and health aspects. 1.7 ACTIVITY HAZARD ANALYSIS (AHA) - NOT APPLICABLE 1.8 DISPLAY OF SAFETY INFORMATION Within 2 calendar days after commencement of work, erect a safety bulletin board at the job site. The safety bulletin board shall include information and be maintained as required by EM 385-1-1, section 01.A.06. Additional items required to be posted include: Hot work permit. 1.9 SITE SAFETY REFERENCE MATERIALS Maintain safety-related references applicable to the project, including those listed in the article "References." Maintain applicable equipment manufacturer's manuals. 1.10 EMERGENCY MEDICAL TREATMENT Contractors will arrange for their own emergency medical treatment. Government has no responsibility to provide emergency medical treatment. W912C3-09-T-0038 Page 36 of 46 1.11 REPORTS 1.11.1 Accident Reports For recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in damages, the Prime Contractor shall conduct an accident investigation to establish the root cause(s) of the accident and provide the report to the Contracting Officer within 5 calendar day(s) of the accident. The Contracting Officer will provide copies of any required or special forms. 1.11.2 Accident Notification Notify the Contracting Officer as soon as practical, but not later than four (4) hours, after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property damage equal to or greater than $2,000, or any weight handling equipment accident. Information shall include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). Preserve the conditions and evidence on the accident site until the Government investigation team arrives on-site and Government investigation is conducted. 1.12 HOT WORK Prior to performing "Hot Work" (welding, cutting, etc.) or operating other flame-producing/spark producing devices, a written permit shall be requested from the Fire Division. CONTRACTORS ARE REQUIRED TO MEET ALL CRITERIA BEFORE A PERMIT IS ISSUED. The Contractor will provide at least two (2) twenty (20) pound 4A:20 BC rated extinguishers for normal "Hot Work". All extinguishers shall be current inspection tagged, approved safety pin and tamper resistant seal. It is also mandatory to have a designated FIRE WATCH for any "Hot Work" done at this activity. The Fire Watch shall be trained in accordance with NFPA 51B and remain on-site for a minimum of 30 minutes after completion of the task or as specified on the hot work permit. When starting work in the facility, Contractors shall require their personnel to familiarize themselves with the emergency Fire Division phone number. ANY FIRE, NO MATTER HOW SMALL, SHALL BE REPORTED TO THE FIRE DIVISION IMMEDIATELY. PART 2 PRODUCTS PART 3 EXECUTION 3.1 CONSTRUCTION AND/OR OTHER WORK The Contractor shall comply with USACE EM 385-1-1, NFPA 241, Federal and/or State OSHA regulations, and other related submittals and activity fire and safety regulations. The most stringent standard shall prevail. 3.1.1 Hazardous Material Use W912C3-09-T-0038 Page 37 of 46 Each hazardous material must receive approval prior to being brought onto the job site or prior to any other use in connection with this contract. Allow a minimum of 10 working days for processing of the request for use of a hazardous material. 3.1.2 Hazardous Material Exclusions Notwithstanding any other hazardous material used in this contract, radioactive materials or instruments capable of producing ionizing/non- ionizing radiation (with the exception of radioactive material and devices used in accordance with USACE EM 385-1-1 such as nuclear density meters for compaction testing and laboratory equipment with radioactive sources) as well as materials which contain asbestos, mercury or polychlorinated biphenyls, di-isocynates, lead-based paint are prohibited. The Contracting Officer, upon written request by the Contractor, may consider exceptions to the use of any of the above excluded materials. 3.1.3 Unforeseen Hazardous Material The design should have identified materials such as PCB, lead paint, and friable and non-friable asbestos. If additional material, not indicated, that may be hazardous to human health upon disturbance during construction operations is encountered, stop that portion of work and notify the Contracting Officer immediately. Within 14 calendar days the Government will determine if the material is hazardous. If material is not hazardous or poses no danger, the Government will direct the Contractor to proceed without change. If material is hazardous and handling of the material is necessary to accomplish the work, the Government will issue a modification pursuant to "FAR 52.243-4, Changes" and "FAR 52.236-2, Differing Site Conditions." 3.2 PRE-OUTAGE COORDINATION MEETING- NOT APPLICABLE 3.3 FALL HAZARD PROTECTION AND PREVENTION PROGRAM The Contractor shall establish a fall protection and prevention program, for the protection of all employees exposed to fall hazards. The program shall include company policy, identify responsibilities, education and training requirements, fall hazard identification, prevention and control measures, inspection, storage, care and maintenance of fall protection equipment and rescue and evacuation procedures. 3.3.1 Training The Contractor shall provide training for each employee who might be exposed to fall hazards. A competent person for fall protection shall provide the training. Training requirements shall be in accordance with USACE EM 385-1- 1, section 21.A.16. 3.3.2 Fall Protection Equipment and Systems The Contractor shall enforce use of the fall protection equipment and systems designated for each specific work activity when an employee is exposed to a fall hazard. Employees shall be protected from fall hazards as specified in EM 385-1-1, paragraphs 05.H. and 05.I. Personal fall arrest W912C3-09-T-0038 Page 38 of 46 systems are required when working from an articulating or extendible boom, swing stages, or suspended platform. In addition, personal fall arrest systems are required when operating other equipment such as scissor lifts if the work platform is capable of being positioned outside the wheelbase. The need for tying-off in such equipment is to prevent ejection of the employee from the equipment during raising, lowering, or travel. Fall protection must comply with 29 CFR 1926.500, Subpart M, USACE EM 385-1-1 and ANSI A10.32. 220.127.116.11 Personal Fall Arrest Equipment Personal fall arrest equipment, systems, subsystems, and components shall meet ANSI Z359.1. Only a full-body harness with a shock-absorbing lanyard or self-retracting lanyard is an acceptable personal fall arrest body support device. Body belts may only be used as a positioning device system (for uses such as steel reinforcing assembly and in addition to an approved fall arrest system). Harnesses shall have a fall arrest attachment affixed to the body support (usually a Dorsal D-ring) and specifically designated for attachment to the rest of the system. Only locking snap hooks and carabiners shall be used. Webbing, straps, and ropes shall be made of synthetic fiber. The maximum free fall distance when using fall arrest equipment shall not exceed 1.8 m (6 feet). The total fall distance and any swinging of the worker (pendulum-like motion) that can occur during a fall shall always be taken into consideration when attaching a person to a fall arrest system. 3.4 SCAFFOLDING Employees shall be provided with a safe means of access to the work area on the scaffold. Climbing of any scaffold braces or supports not specifically designed for access is prohibited. Access to scaffold platforms greater than 6 m (20 feet) in height shall be accessed by use of a scaffold stair system. Vertical ladders commonly provided by scaffold system manufacturers shall not be used for accessing scaffold platforms greater than 6 m (20 feet) in height. The use of an adequate gate is required. Contractor shall ensure that employees are qualified to perform scaffold erection and dismantling. Do not use scaffold without the capability of supporting at least four times the maximum intended load or without appropriate fall protection as delineated in the accepted fall protection and prevention plan. Stationary scaffolds must be attached to structural building components to safeguard against tipping forward or backward. Special care shall be given to ensure scaffold systems are not overloaded. Side brackets used to extend scaffold platforms on self-supported scaffold systems for the storage of material are prohibited. The first tie-in shall be at the height equal to 4 times the width of the smallest dimension of the scaffold base. Work platforms shall be placed on mud sills. Scaffold or work platform erectors shall have fall protection during the erection and dismantling of scaffolding or work platforms that are more than six feet. Delineate fall protection requirements when working above six feet or above dangerous operations. 3.5 EQUIPMENT 3.5.1 Material Handling Equipment W912C3-09-T-0038 Page 39 of 46 a. Material handling equipment such as forklifts shall not be modified with work platform attachments for supporting employees unless specifically delineated in the manufacturer's printed operating instructions. b. The use of hooks on equipment for lifting of material must be in accordance with manufacturer's printed instructions. c. Operators of forklifts or power industrial trucks shall be licensed in accordance with OSHA. -- End of Section -- SECTION 02790 TENNIS COURT RESURFACING PART 1 GENERAL 1.01 SECTION INCLUDES A. Application of acrylic resurfacing and acrylic color coating system over existing concrete and/or asphaltic concrete pavements. 1.02 RELATED SECTIONS A. Section 01110 - Summary of Work B. Section 02793 – Asphalt Pavement – Surface Patching 1.03 REFERENCES A. American Society for Testing and Materials (ASTM) 1. C 136 Method of Sieve Analysis of Fine and Coarse Aggregates 2. D 870 Resistance to Water 3. D 4214 Resistance to Chalking 4. D 4587 Resistance to Color Fading 5. D 2939 Section 8 Test Method to Determine Residue by Evaporation B. United States Environmental Protection Agency (EPA) 1. Toxicity Characteristics Leaching Procedure referenced in SW-846, 3rd Ed; 40 CFR, Part 261 1.04 SYSTEM DESCRIPTION 1.04.1 SURFACE PREPARATION A. Pressure wash court with water blast at 3000 psi. B. Repairing any surface imperfections such as cracks, spalling or holes. C. Filling cracks or joints with acrylic concrete. D. Installing fiberglass mesh on all joints and cracks. W912C3-09-T-0038 Page 40 of 46 E. Applying the acrylic patch coats needed to cover the fiberglass mesh repairs. 1.04.2 ACRYLIC SURFACE A. Verify, fill and level with acrylic coating any birdbaths with a tolerance of 1/8‖ after one hour of flooding the courts with water. B. Apply two coats of acrylic resurfacer to all surfaces. C. Apply two coats of acrylic color coating to all surface after the acrylic resurfacer has dried thoroughly. Colors to be chosen by customer. D. Apply regulations line painting for basketball and volleyball on all courts. 1.05 SUBMITTALS A. Product Data: Submit Manufacturers printed Product Data Sheets, stating that coating meets above A.S.T.M. and E.P.A. standards, and application specifications for each type of product indicated. B. Shop Drawing: Game line layout plan, indicate line widths and colors C. Samples for Initial Selection: For each type of product indicated. D. Samples for Verification: 12 by 12 inch complete system on 0.25 inch thick rigid backing; selected top coat color; example of game line. E. Installer's certification and experience of 10 year minimum. F. Maintenance Data: For maintenance manual. 1.06 ENVIRONMENTAL REQUIREMENTS A. Apply coating in dry weather when pavement and atmospheric temperatures are fifty (50) degrees F. or above and are anticipated to remain above fifty (50) degrees F., and good drying conditions are present and expected for the next eight (8) hours. 1.07 WARRANTY A. Prior to final payment, submit two (2) year written dual warranty signed by contractor and materials manufacturer. PART 2 PRODUCTS 2.01 MANUFACTURER A. Neyra Industries, Inc., Cincinnati, Ohio B. Laykold C. Dynaflex W912C3-09-T-0038 Page 41 of 46 D. California Products E. No other material will be acceptable unless approved by the Engineer in writing ten (10) days prior to bid date. 2.02 MATERIALS A. Resurfacer: 100% Acrylic Based emulsion blended with selected fillers to be used for smoothing rough pavements. B. Color Coating: Wear resistant, 100% Acrylic Emulsion consisting of brilliant pigments and quality polymers that are blended into highly concentrated synthetic fibers and fillers. C. Line Paint: A water-based, 100% acrylic emulsion striping paint. Does not contain any solvents or oils. D. Aggregate: Washed, dry silica sand free of dust, trash, clay, organic materials or other contaminants. Gradation: To have an American Foundry Society grain fineness number that is no less than seventy (70) and no greater than one hundred (100) when tested in accordance with ASTM C 136 for color coat and not less than fifty (50) or greater than one hundred (100) for Acrylic Resurfacer. E. Court Patch Binder: A water-based acrylic, polymer/portland cement/sand patching material. F. Acrylic Crack Sealant: Acrylic Crack Sealant with minimum dry solids by volume sixty nine (69) percent. G. Mixing Water: Potable and free from harmful soluble salts. H. Fiberglass Mesh: Glass Fabric, 475 sq.ft. rolls – 38‖ wide, 150 ft. length Weight: 4.5 oz. Per Square Yard. Thickness: 0.030 in. Mesh Dimension: 0.32 in. x 0.28 in. Tensile Strength: 183 lbs/lin. In. +/10%. 1. Temperature of the water: minimum fifty (50) degrees F, ten (10) degrees C. 2.03 MIXES A. Color Coating Slurry Mixes: Per one hundred (100) gallons of color concentrate, add forty (40) to fifty (50) gallons of water, then add and mix from four (4) to eight (8) pounds per gallon of silica sand as per manufacturer's written specification. (If Center Court is used, no additional sand is required.) B. Acrylic Resurfacer: Per one hundred (100) gallons of concentrate add forty-five (45) to fifty-five (55) gallons of water. Then add and mix six (6) to twelve (12) pounds of silica sand as per manufacturer's recommendations. 2.04 EQUIPMENT A. All equipment, tools, and machinery used for handling materials and executing work shall be in good working condition and capable of applying W912C3-09-T-0038 Page 42 of 46 required coating weights evenly to provide a smooth uniform coated surface. PART 3 EXECUTION 3.01 EXAMINATION A. Inspect existing pavement surfaces for condition and defect that will adversely affect quality of work, and which cannot be put into an acceptable condition through normal preparatory work as specified. Do not place coating if defects exist, notify COR. B. Starting installation constitutes contractor's acceptance of surface as suitable for installation. 3.02 SURFACE PREPARATION A. Repair grade depressions: Prior to the application of coating materials, entire surface should be checked for minor depressions or irregularities. This is to be done by flooding the courts and after one-half (1/2) hour marking any depres-sions where water covers a nickel one eighth (1/8) inch. Fill such irregularities with acrylic patch binder according to manufacturer's specifications. B. Clean all cracks thoroughly and fill. 1. Cracks less than one-quarter (1/4) inch in width shall be filled with acrylic crack sealant. 2. Cracks greater than one-quarter (1/4) inch in width shall be filled with court patch binder. 3. Install fiberglass mesh over all cracks or joints. 4. Apply the acrylic coats necessary to cover the fiberglass mesh. C. Cleaning 1. Thoroughly clean surfaces to be coated to remove all foreign debris (dirt, silt, gravel, leaves, etc.) using mechanically powered forced air sweepers, bristle brooms and/or high pressure water (3000psi). 2. Thoroughly scrape mud areas and scrub wash with clean water. 3. If fungus is present, use a two (2) percent sodium hypochlorite solution to clean affected area. Rinse thoroughly. D. Protection Protect adjacent curbs, walks, fences, and other items from receiving color coat or resurfacer. 3.03 APPLICATION A. When making mixes add water first then while agitating add the filler (silica sand or rubber beads) slowly. Keep mixture homogeneous prior to beginning application and during entire time mixture is being applied. W912C3-09-T-0038 Page 43 of 46 B. Apply acrylic resurfacer uniformly over entire pavement per manufacturer's specifications after all cracks are repaired and leveling is complete. C. Allow adequate time between applications for prior coat to dry thoroughly before applying next coat. Acrylic resurfacer can normally be re-coated after four (4) hours of good drying with sun. Color coats can normally be re-coated after two - four (2 - 4) hours of good drying with sun. Upon completion of final coat keep all foot traffic off sealed surface. Allow the final coat to cure at least twenty-four (24) hours, under good drying conditions, before allowing foot traffic on surface. Less favorable conditions will require longer drying times. D. Finished surface shall be free of streaks, pinholes, or uneven distribution of sand and shall have a uniform appearance. E. Playing lines: Base lines shall be two (2) inches wide and playing lines not more than two (2) inches wide, accurately located and marked in accordance with rules of the United States Tennis Associations, and painted with a paint recommended or approved by the manufacturer of the color finish material; however, use of traffic, oil, alkyd, or solvent-vehicle type paint is prohibited. The painting shall be done by skilled mechanics in a workmanlike manner in accordance with the manufacturer's standard printed instructions. Prior to white line paint application, line paint tape gap filler shall be applied to reduce incidence of fuzzy lines. 3.05 PROTECTION A. Barricade coated areas until coating has dried sufficiently for foot traffic. ---END OF SECTION— W912C3-09-T-0038 Page 44 of 46 SECTION 02793 ASPHALT PAVEMENT – SURFACE PATCHING PART 1 1.1 GENERAL The work consists of spreading and compacting asphalt bound aggregate mix (ie: asphalt concrete pavement, asphalt stabilized base course material, or proprietary mix), by means of paver, machine (eg: motor grader), or hand on a prepared pavement surface or in a shallow excavation to the lines and dimensions as directed by the Engineer. Painting of interim traffic markings (spotting) and referencing of the ends of no passing zones (barrier lines) is included in the Work where patching obliterates the existing pavement markings. 1.2 MATERIALS The Contractor shall either ―pickup‖ patching material from a source/asphalt plant to which the Department has access or supply the patching material, as directed by the Engineer. Asphalt concrete patching material supplied by the Contractor shall be a coarse or fine mix produced in accordance with Specification _______, Production of Asphalt Concrete Pavement. Asphalt stabilized patching material supplied by the Contractor shall be produced in accordance with Specification _______, Production of Asphalt Stabilized Base Course. Commercially produced proprietary patching material supplied by the Contractor shall be either QPR, Optimix, or Instant Road Repair (IRR). The use of other commercially produced products shall be subject to the approval of the Engineer. Paint and glass beads shall be supplied by the Contractor and shall comply with the requirements of the Alberta Transportation Products List. The Contractor may use self-adhesive, reflectorized pavement marking tape for interim traffic spotting in lieu of paint and glass beads. Self-adhesive tapes shall also comply with the Alberta Transportation Products List. 1.3 PROCEDURES Loose debris or other objectionable material shall be removed from the areas to be patched, by brooming or other methods and a prime or tack coat applied. The Contractor shall remove and dispose of any failed Asphalt Concrete Pavement or Asphalt Stabilized Base Course in the area to be patched as directed by the Engineer. For patching on existing pavement surfaces, the tack coat shall extend a sufficient distance beyond the edge of the repair area to allow for a smooth W912C3-09-T-0038 Page 45 of 46 transition of the patching material to the existing pavement surface. Patching material on the edges of a patch shall be ―feathered‖ using rakes or lutes. Coarse material shall be removed from the patch edges. Patching material shall be spread in uncompacted lifts not exceeding 100 mm in depth and compacted to produce a hard, stable surface which does not rut or otherwise distort under traffic loading. Patching material placed in a depression shall be compacted such that the completed patch is approximately 15 mm higher than the surrounding undisturbed pavement, but with the material on the edges ―feathered‖ to provide a smooth transition between the patch and the existing pavement surface. 1.4 EQUIPMENT The Contractor shall supply a self-powered pressure distributor capable of delivering a controlled and uniform application of liquid asphalt. The Contractor shall supply hand spraying equipment for areas inaccessible to the distributor. 1.5 PROCEDURE Traffic shall not to be permitted to travel on the surface seal until it has cured. Where a sealing of the entire roadway surface is required, the Contractor shall apply the surface seal to only one-half of the roadway at a time. The remaining half shall not be sprayed until the first application has properly cured. Prior to the application of the asphalt material, loose dirt or other objectionable material shall be removed from the pavement surface by brooming or by other methods acceptable to the Engineer. No work shall be performed when the pavement surface is wet. The surface seal shall be uniformly applied without streaking. The application rates will be as specified by the Engineer in the Work Order. Application rate ranges for the pre-approved liquid asphalts are: * SS-1 0.20 to 0.30 kg/m2 (undiluted) * MC-30 0.20 to 0.30 kg/m2 Joints and seams shall not be excessively overlapped. Structures adjacent to the roadway shall not be spattered by the asphalt material. The Contractor shall remove, at his own expense, any spattering caused by his activities. Areas missed or inaccessible to the distributor shall be treated using hand spray equipment. -- ENF OF SECTION -- W912C3-09-T-0038 Page 46 of 46