WaterHeater60RRBH19Q0014.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

60RRBH19Q0014

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/08/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Sarina Day (sarina.day@rrb.gov)

b. TELEPHONE NUMBER (No collect calls) 312-751-2555

8. OFFER DUE DATE / LOCAL

TIME

08/28/2019 12:00:00

CODE ACQMGMT

U.S. Railroad Retirement Board Acquisition Management 844 N. Rush St.

Chicago, IL 60611

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

036CODE15. DELIVER TO

U.S. RAILROAD RETIREMENT BOARD

FACILITY MANAGER

844 N. RUSH ST., 2ND. FL.

CHICAGO, IL 60611

CODE 03916. ADMINISTERED BY

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

U.S. RAILROAD RETIREMENT BOARD

FISCAL OPERATIONS

844 N RUSH ST., 5TH FLOOR

CHICAGO, IL 60611

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Paul T. Ahern

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 60RRBH19Q0014 PROCESSED Page 1 of 35

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 60RRBH19Q0014 PROCESSED Page 2 of 35

Table of Contents

Section Description Page Number

I Introduction Introduction

II Schedule of Supplies and Services Price Schedule and Contractor Information

III Statement of Work Statement of Work

IV General Terms and Conditions 52.222-6 Construction Wage Rate Requirements (May 2014) RRB.A.03 A. General RRB Provision-3.Billing RRB.B.01 B. Security Provisions-1.Security Information RRB.B.04 Privacy and Security 52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Remittance Address 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) RRB.A.09 A. General RRB Provision-9.Site Visit 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (June 2016) RRB.A.01 A. General RRB Provision-1.Technical Direction RRB.B.05 Wage Determination RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration

V Proposal Submission Instructions Submission of Quotations/Proposals

VI Evaluation and Award Evaluation

VII List of Attachments Attachments

Document Number: 60RRBH19Q0014 PROCESSED Page 3 of 35

Section I - Introduction

Introduction

A. Agency Information - The U. S. Railroad Retirement Board (RRB) is an independent Federal agency that administers a retirement and survivor benefits program for railroad employees and their families. The RRB was established by the Railroad Retirement Acts of 1937 and 1974. The RRB headquarters is located in Chicago, Illinois.

B. The RRB is seeking the services of a contractor to provide labor, supervision, materials, equipment and all associated accessories for replacement of two existing water heaters with two new water heaters in the same location and to replace a section of existing hot water domestic water main line as indicated on plans.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Plumbing Fixtures and Accessories 1.000000 JOB

Description:

Offerors shall enter above a firm-fixed price for services, as described in the Statement of Work of this solicitation, to remove and replace two hot water heaters and the cold water line of the RRB HQ building.

Price Schedule and Contractor Information

A. Offerors shall complete the price schedule above (pricing offer) and section C. (Contractor Information) below.

B. Pricing Information Offerors shall provide a firm-fixed price for services to replace two water heaters and a section of the existing water line at the RRB, as specified in the Statement of Work (Section III) below.

Item Description Qty Unit Total

CLIN 001AA *

Replacement of two (2) Water Heaters and section of existing 2 ½”CW galvanized line as specified in Section III below

Phase 1 job $_________

Phase 2 job $_________

C. Contractor Information for Order Administration

1) Order address: _________________________

2) Business size* _________________________

3) Federal Tax ID# _________________________

Document Number: 60RRBH19Q0014 PROCESSED Page 4 of 35

4) DUNS No. _________________________

5) Remit Address _________________________

6) As applicable:

(a) GSA MAS Contract Number___________

Yes [ ] No [ ] Please attach (or E-Mail) a copy of contract.

Effective dates __________ - ______________.

(b) Open Market _________________

(c) Other _______________________

7) Authorized representatives: Business Technical

Name _______________ _______________ Phone _______________ _______________ Fax # _______________ _______________ E-mail _______________ _______________

8) System for Award Management (SAM) Registration completed:

YES [ ] NO [ ]

Offeror must be registered on SAM (www.sam.gov) to be eligible for award of a contract or order.

* Business size must be properly annotated on SAM Site.

D. (Extract from:) OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(AUG 2009) (FAR) 52.212-3

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual represent-ations and certifications electronically at http://orca.bpn.gov.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifica-tions currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in 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 paragraphs ______________.

Section III - Statement of Work

Statement of Work

A. Description of Services

The Contractor shall provide labor, supervision, materials, equipment and all associated accessories for replace-ment of two existing water heater with two new water heaters and to replace a section of exiting galvanized cold

Document Number: 60RRBH19Q0014 PROCESSED Page 5 of 35 water domestic water main line with new copper line in the basement of RRB. All work for this project must meet the requirements of the attached drawings (one through three) and the requirements and specifications lis-ted in Section III, Statement of Work.

B. Hours of Performance and RRB Contacts

1. Work will be performed after normal working hours i.e. 6:30PM – 6:00AM or on weekends unless otherwise arranged and/or directed with the Contracting Officer (CO) or Contracting Officer’s Technical Representative

(COTR).

2. If you have any questions please contact the RRB Facility Manager, Mr. Scott Rush at (312) 751-4566 or scott.rush@rrb.gov

3. The RRB Facility Manager will be conducting a site visit on 8/13/19 at 10:00 AM. If an offeror is unable to attend the site visit please contact the Facility Manger to schedule a different time for the site visit.

C. Special Instructions for Contractors:

1. Maintain access to existing walkways, exits, and other facilities used by occupants during work-ing hours and after hours to the maximum extent possible.

2. Work areas immediately adjacent to construction area are occupied. Conduct work so operations of occupied areas will not be disrupted.

3. Protect carpeted surfaces adjacent to the construction area and ceilings so as to not damage ex-isting carpeted flooring material or ceilings.

4. Contractor shall be responsible for replacing any ceiling tile damaged during the construction.

5. Any walls, floors ceilings etc. that are incorrectly altered or damaged during construction shall be repaired to the pre-existing conditions prior to the alteration or damage

D. Contractor Qualifications and Submissions

1.The Contractor shall provide skilled and properly trained personnel in this trade for each and every phase of work performed

E. Supplies, Materials and Equipment

1. Government Furnished Material:

a. Access and use of existing space to complete the work described in section 2 below.

2. Contractor Furnished Material:

a. The Contractor shall provide supplies, materials, equipment and all associated accessories to furnish a complete installation as described below in Phase 1 and Phase 2 scope of work and in accordance with applic-able code.

Document Number: 60RRBH19Q0014 PROCESSED Page 6 of 35

PHASE 1:

A. The scope of work described below is an outline. It is expected that the contractor will select and install a direct replacement of the two existing water heaters A.O. Smith HW-670 Burkay that are 20 years old and beyond life expectancy. The two new A.O. Smith HW-670 Burkay water heaters or approved equal will be installed in the same location as the demolished units and re-connect to the existing installed flues, and to the existing gas service installed to supply the heaters. Use the existing gas train components, modify where necessary in order to make the new connections.

B. Provide new 6”CW vertical line as shown. The new shut off valve will be installed on the new 6”CW ver-tical pipe. Provide chains on new valve for operation of valve from standing position. Contractor shall field verify main building water shut off valve location, existing booster pump shut off functions and coordinate full building water shut down with Owner.

PHASE 2:

A. The scope of work described below is an outline. It is expected that the contractor will install a direct re-placement of the existing 2 ½”CW galvanized line and shut off valve as shown on plans. The new 2 ½”CW line will be installed in the same approximate location as the 2 ½”CW being demolished. Contractor shall field veri-fy existing pipe size and pipe routing, new shut off valve installation and water line routing before submitting bid for this work.

B. The contractor will modify the existing domestic water piping as required to make the final connections to the existing water lines in the mechanical room. Contractor shall field verify existing water shut off valve loca-tion, existing booster pump shut off functions and coordinate water shut down with Owner.

F. Execution

1. Conduct pre-construction conference at site to coordinate work. Assume that work will not begin until ap-proval from USRRRB is completed.

2. PHASE 1 SCOPE OF WORK:

1. It is expected that the contractor will select and install a direct replacement of the two existing water heaters A.O. Smith HW-670 Burkay that are 20 years old and beyond life expectancy. The two new A.O. Smith HW-670 Burkay water heaters or approved equal will be installed in the same loca-tion as the demolished units and re-connect to the existing installed flues, and to the existing gas ser-vice installed to supply the heaters. Use the existing gas train components, modify where necessary in order to make the new connections.

2. Provide disconnection, removal and disposal of the two existing gas fired hot water heaters and all demolition debris, construction material as well as all packaging off site.

3. Provide disconnection of existing electrical wiring from the two existing circulation pumps to be re-moved from the associated water heater supply lines. Reconnection of electrical wiring with all ma-terial and labor necessary to complete wiring of the new circulation pumps on the new water heater supply lines, as required.

Document Number: 60RRBH19Q0014 PROCESSED Page 7 of 35

4. The contractor will modify the existing domestic water piping as required to make the final connec-tions to the two new water heaters. Install two (2) new flow switches, two (2) new bronze flange sets and three (3) new well thermometers which are compatible with new equipment.

5. Provide new 6”CW vertical line as shown. The new shut off valve will be installed on the new 6”CW vertical pipe. Provide chains on new valve for operation of valve from standing position.

Contractor shall field verify main building water shut off valve location, existing booster pump shut off functions and coordinate full building water shut down with Owner.

6. The contractor shall remove the existing fiberglass pipe covering and re-insulate with new fiberglass pipe covering to match the existing type.

7. The contractor will remove all trash and debris completely from the site. All work to be performed during normal working business hours.

8. Provide on year warranty on equipment. Labor and installation materials.

9. Contractor must perform a site visit prior to bidding this work.

10. Prior to commencing installation contractor to submit to Owner proposed schedule, equipment selec-tions, and written confirmation that all work being provided complies with design build require-ments for a complete operational system. No installation work can proceed without the expressed approval of the Owner.

PHASE 2 SCOPE OF WORK:

1. It is expected that the contractor will install a direct replacement of the existing 2 ½”CW galvanized line and shut off valve as shown on plans. The new 2 ½”CW line will be installed in the same ap-proximate location as the 2 ½”CW being demolished. Contractor shall field verify existing pipe size and pipe routing, new shut off valve installation and water line routing before submitting bid for this work.

2. Provide disconnection, removal and disposal of the existing horizontal galvanized CW line being de-molished. Provide new pipe supports for new CW line from existing structural elements.

3. The contractor will modify the existing domestic water piping as required to make the final connec-tions to the existing water lines in the mechanical room. Contractor shall field verify existing water shut off valve location, existing booster pump shut off functions and coordinate water shut down with Owner.

4. The contractor shall remove the existing fiberglass pipe covering from the existing water lines as re-quired to make new connections and re-insulate with new fiberglass pipe covering to match the ex-isting type. Provide new pipe identification and flow arrow labels on all new pipe installed in this project.

5. The contractor will remove all trash and debris completely from the site. All work to be performed during normal working business hours.

6. Provide a one year warranty on equipment, labor and installation materials.

7. Contractor must perform a site visit prior to bidding this work.

8. Prior to commencing installation contractor to submit to Owner proposed schedule, equipment selec-tions, and written confirmation that all work being provided complies with design build require-ments for a complete operational system. No installation work can proceed without the expressed approval of the Owner.

G. Workmanship

1. All work shall be coordinated and scheduled with the COTR Mr. Scott Rush, 312-751-4566 or scott.rush@rrb.gov

Document Number: 60RRBH19Q0014 PROCESSED Page 8 of 35

2. The CO or COTR has the right to reject any unsatisfactory or unsuitable material or workmanship.

3. All work shall be accomplished in accordance with the best practices of the trades.

H. Debris Removal

1. All debris generated in the performance of this contract shall be removed daily by the Contractor.

Debris shall be removed offsite by the Contractor at the Contractor’s expense.

2. It is not expected that hazardous materials will be encountered in the work. If materials suspec-ted of containing hazardous materials are encountered, do not disturb, immediately notify Owner.

Hazardous materials will be removed by Owner under a separate contract.

I. Contractor Compliance and Responsibility

1. The Work, including contact with or handling of hazardous materials, disturbance or dismantling of structures containing hazardous materials, and disposal of hazardous materials, shall comply with the applicable requirements of 29 CFR Parts 1910 and 1926, and 40 CFR Parts 61, 261, 761 and 763.

2. The Contractor shall assume full responsibility and liability for compliance with all applicable codes, standards, and regulations pertaining to the health and safety of personnel during execution of the work, and shall hold the government harmless for any action on the Contractor’s part, or that of the Contractor’s employ-ees or subcontractors, that result in illness, injury, or death.

3. The Contractor shall provide for appropriate emergency first aid materials and equipment. In addition, the contractor must provide the following on site: a twenty pound ABC-rated fire extinguisher.

J. Products

1. PERSONAL PROTECTIVE EQUIPMENT

Special facilities, devices, equipment, and similar items used by the Contractor in execution of the Work shall comply with 29 CFR Part 1910, Subpart I and other applicable regulations.

Document Number: 60RRBH19Q0014 PROCESSED Page 9 of 35

2. HAZARDOUS MATERIALS

a. The Contractor shall bring to the attention of the Contracting Officer, or the Contracting Officer's au-thorized representative, any material encountered during execution of the work that the Contractor suspects is hazardous.

b. The Contracting Officer shall determine whether the Contractor shall perform tests to determine if the material is hazardous.

K. Protection of Personnel

1. The Contract shall take all necessary precautions to prevent injury to the public, occupants, or damage to property of others. The public and occupants includes all persons not employed by the Contractor or a subcon-tractor.

2. Where practical, the work area shall be fenced, barricaded, or otherwise blocked off from the public or occupants to prevent unauthorized entry into the work area.

Provide traffic barricades and traffic control signage where construction activities occur in vehicular areas.

Corridors, aisles, stairways, doors, and exits shall not be obstructed or used in a manner to encroach upon routes of ingress or egress utilized by the public or occupants, or to present an unsafe or un-healthy condition to the public or occupants.

Store, position, and use equipment, tools, materials, scraps, and trash in a manner that does not present a hazard to the public or occupants by accidental shiftings, ignition, or other hazardous activity.

Document Number: 60RRBH19Q0014 PROCESSED Page 10 of 35

Store and transport refuse and debris in a manner to prevent unsafe and unhealthy condi-tions for the public and occupants.

Cover refuse containers, and remove refuse on a frequent regular basis acceptable to the Contracting Officer. Use tarpaulins or other means to prevent loose transported materials from dropping from trucks.

L. Enviromental Protection

1. Dispose of solid, liquid and gaseous contaminants in accordance with local codes, laws, ordinances, and regulations.

2. Comply with applicable federal, state and local noise control laws, ordinances and regulations, including but not limited to 29 CFR 1910.95 and 29 CFR 1926.52.

M. Guarantees

1. The Contractor shall guarantee all work, material, equipment an labor for one year.

2. All work shall be free from defective or inferior materials,

3. Contractor shall provide technical assistance/ guidance during the warranty period

N. Submittals

Within 7 days of contract award, the successful contractor must provide list of personnel who will be per-forming on-site work for the period of the contract and any new sub-contractors not in the original proposal.

All work is expected to begin within 3 weeks of contract award and in coordination with the COR.

Section IV - General Terms and Conditions

52.222-6 Construction Wage Rate Requirements (May 2014)

(a) Definition. -"Site of the work"-

(1) Means -

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is -

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided -

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of

Document Number: 60RRBH19Q0014 PROCESSED Page 11 of 35 the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcon-tractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project.

In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work". Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regula-tions issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe bene-fits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, re-gardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the con-tract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers em-ployed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Train-ees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classi-fication for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Construction Wage Rate Requirements (Davis-Bacon Act) poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the:

Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210

The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Con-tracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of

Document Number: 60RRBH19Q0014 PROCESSED Page 12 of 35 the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or pro-gram; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The Secretary of Labor may require the Contractor to set aside in a sep-arate account assets for the meeting of obligations under the plan or program.

(End of clause)

RRB.A.03 A. General RRB Provision-3.Billing

Contractor shall submit detailed invoices with quantities for work completed and pricing as designated in Section IV and indicating actions, dates and deliverables completed.

RRB.B.01 B. Security Provisions-1.Security Information

The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and virtual LAN (VLAN)/wide area network (WAN) servers.

Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and re-mote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by ref-erence.

No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the con-tractor staff in any transferable media, be that paper or electronic.

With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those ana-log lines and data links installed and approved by the RRB will be allowed.

RRB.B.04 Privacy and Security

Prior to beginning work on this project with the RRB, the Contractor shall supply the RRB with a list of the names of all employees who will be working onsite at the RRB to accomplish this project. When the contractor employees arrive at the RRB they must present a valid photo ID to the RRB security guard on duty.

52.212-3 Offeror Representations and Certifications--Commercial Items (Apr 2016)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(r) of this provision.

(a) Definitions. As used in this provision--

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"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"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.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation un-der 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

Document Number: 60RRBH19Q0014 PROCESSED Page 14 of 35

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"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 busi-ness, 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 size standards in this solicitation.

"Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor un-der a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same com-pany or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"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 business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any

Document Number: 60RRBH19Q0014 PROCESSED Page 15 of 35 publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, 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.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business oper-ations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through ht-tp://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the rep-resentations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- -Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicita-tion (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 paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it is, is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small busi-ness concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participat-ing in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as

Document Number: 60RRBH19Q0014 PROCESSED Page 16 of 35 a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It is, is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circum-stances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor sur-plus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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 changes in ownership and control, principal of-fice, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The of-feror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--

(i) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It has, has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs re-quired by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror 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 his or her behalf in connection with the award of any resultant contract.