RFQ_-_Waste_Water-final_-_Amend_00002.pdf

TABLE OF CONTENTS

PART CONTENTS PAGE

I Schedule - Pricing 2-3

II CONTRACT CLAUSES 5-13

FAR 52.212-4, Contract Terms and Conditions -

Commercial Items

Addendum to FAR 52.212-4

FAR 52.212-5, Contract Terms and Conditions Required to

Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 14-19

Scope of Work / Performance Work Statement

Special Contract Requirements

Attachments (Separate Documents and are incorporated herein)

IV SOLICITATION PROVISIONS AND QUOTE SUBMISSION INSTRUCTONS 20-35

(This section will be removed at time of award)

NOTE: This acquisition utilizes Simplified Acquisition procedures. (insert if SAP)

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CONTINUATION OF STANDARD FORM 1449

1. Continuation of Block 17b:

Remittance Address: When the Contractor wishes payments to be mailed to an address other than that shown in block 17a of the Standard Form 1449, the Contractor shall insert the remittance address below:

2. Continuation of Blocks 19 through 24 (Schedule of Services):

BASIC SERVICES – Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein); and plan, schedule, and coordinate as necessary to ensure effective performance of all services as specified herein. The Contractor shall be fully responsible for providing all the required services as indicated in Performance Work Statement (PWS)) and attachments incorporated herein for the location listed below:

Golconda Job Corps Center

345 Job Corps Road

Golconda, IL 62938

Prices for all years shall be based on the Wage Determination in Exhibit 1. Offerors shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43 or FAR 52.222-

44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the PWS for the amounts agreed to below, working Monday

– Friday, excluding Federal holidays. Specific days and hours of duty are provided in the Performance Work

Statement (Part III) and shall be agreed to through coordination with Center personnel.

When Contractor personnel are on vacation, sick leave, or any other leave, a qualified substitute instructor shall be provided by the Contractor in accordance with the PWS.

A detailed breakdown of the proposed prices may be requested for evaluation purposes.

19.

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

BASE YEAR SERVICES – (July 1, 2014– June 30, 2015)

001 Licensed Waste Water

Treatment Operator

Services

12 Month $ $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR I SERVICES – (July 1, 2015 – June 30, 2016)

101 Licensed Waste Water

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NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR II SERVICES – (July 1, 2016 – June 30, 2017)

201 Licensed Waste Water

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR III SERVICES – (July 1, 2017 – June 30, 2018)

301 Licensed Waste Water

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR IV SERVICES – (July 1, 2018 – June 30, 2019)

401 Licensed Waste Water

TOTAL PRICE (BASE + 4 OPTION PERIODS) - $______________________

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PART II -- CONTRACT CLAUSES

2.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (SEP 2013)

(As stated in Block 27 of the SF 1449, this clause is Incorporated By Reference; however, in accordance with FAR 12.302, the following paragraphs of this clause have been tailored, all other paragraphs remain unchanged.)

(c) Changes (tailored). Changes in the terms and conditions of this contract may be made only by written agreement of the parties. NOTE: Modifications to exercise option years are issued unilaterally, as it’s at the Government’s sole discretion to invoke additional performance periods.

2.2 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 these addresses:

http://farsite.hill.af.mil/

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.228-5 Insurance -- Work on a Government Installation Jan 1997

AGAR 452.204-71 Personal Identity Verification of Contractor Personnel Oct 2007

452.215-73 Post Award Conference Nov 1996

452.224-70 Confidentiality of Information Feb 1988

2.3 AGAR 452.228-71 Insurance Coverage

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in

States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United

States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and

$20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the

Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury

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2.4 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Licensed Waste Water Treatment

Operator

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

2.5 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

2.6 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who becomes aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s

Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the Contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by another contactor employee. The subject employee will remain away from the work site until an investigation is completed.

The Government will not incur additional costs by the Contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a

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2.7 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub.

L. 111-5).

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

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___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section

738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of

Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

_X__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan

2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct

2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

_X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

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___ (42) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (Mar 2012) of 52.225-3.

___ (iii) Alternate II (Mar 2012) of 52.225-3.

___ (iv) Alternate III (Nov 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41

U.S.C. 351, et seq.).

_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-

247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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2.8 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price Contract.

2.9 FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within thirty (30) days of Period of Performance End Date

(End of Clause)

2.10 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

5 years and 6 months.

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PART III -- CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

PERFORMANCE WORK STATEMENT

3.1 INTRODUCTION

Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. The

Economic Opportunity Act of 1964 originally established Job Corps; current authorization for the program is Title

I, Chapter 6, Subtitle C, of the Workforce Investment Act of 1998.

3.2 BACKGROUND

Job Corps provides educational and occupational skills training and support services to youth between 16 and not yet 25 years of age. The unique combination of services provided in the Job Corps program is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

The Workforce Investment Act (WIA) mandates that Job Corps graduates be provided with transition, placement, and support services for one year following initial placement. WIA also requires that the placement status and wages of graduates be measured at six- and twelve-month intervals after the graduates are placed, and that Job

Corps operator be evaluated in part on the basis of these performance measures.

The U.S. Department of Agriculture Forest Service operates 28 Job Corps Center nationally, through an interagency agreement with the Department of Labor.

3.3 PURPOSE

The Golconda Job Corps Center is located in a rural area and does not have access to public sewage systems and therefore must operate its own sewage treatment plant on site. The Golconda Job Corps Center has identified the need for a licensed sewage treatment plant operator to provide for the complete operation and maintenance of the

Sewage Treatment Plant located at the Golconda Job Corps Center, located in Golconda, IL. The contractor shall also assist in the preparation of the permit application to State EPA. The permit fee is charged to the Entity that submits the application, and the contractor is not responsible. The contractor shall provide any and all labor, equipment, supplies, services, and licenses necessary to perform operation and maintenance of the Sewage

Treatment Plant at the Golconda Job Corps Center throughout the entire Period of Performance of the contract.

3.4 PLACE OF PERFORMANCE AND HOURS OF OPERATION

All work shall be performed at:

Golconda Job Corps Center

345 Job Corps Road

Golconda, IL 62938

Normal operational hours are from 07:30 am to 4:30 PM Central Time, Monday through Friday. The Contractor is required to perform general plant operations/inspections at least one (1) time per week, and must be on-site for at least four (4) hours.

No work shall occur when the Government facility is closed due to local or national emergencies, administrative closings, weather related closings, Federal Holidays, or Government directed facility closings. Expect for emergency as required and stated below in Section 3.5.7.

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3.5 TASKS

3.5.1 The contractor shall operate and provide all routine maintenance for the Golconda Job Corps

Center Wastewater Treatment Plant, which consists of:

(1) Two (2) 12,000 gpd extended aeration “package” sewage treatment plants.

(2) Measuring weir.

(3) 10,000 gallon dosing tank.

(4) Four (4) Sand filters.

(5) Chlorinator.

(6) 3,600 gallon sludge holding tank.

(7) Sludge drying bed.

3.5.2 Contractor must be on-site no less than one (1) time per week for at least a minimum of 4-hours on each visit.

3.5.3 Perform and successfully pass all tests required by the State of Illinois Environmental Protection

Agency (EPA), as stated in the permit or established by regulation.

(1) Quarterly Test

a. 1 st Quarter – October-December – Due within Seven (7) days after end of quarter

b. 2 nd

Quarter – January – March – Due within Seven (7) days after end of quarter

c. 3 rd

Quarter – April – June – Due within Seven (7) days after end of quarter

d. 4 th Quarter – July – September – Due within Seven (7) days after end of quarter

(2) Bi - Weekly Tests, including:

a. Biochemical Oxygen Demand

b. Suspended solids in final effluent

c. PH Levels

3.5.4 Maintain ALL documentation required by both State and Federal agencies

(1) State of Illinois Discharge Monitoring Form

(2) Daily Diary – (more detailed description of actual work performed) submitted with monthly invoice, or as determined by COR.

(3) State and Federal Inspection Reports

(4) Quarterly Environmental Report due within seven (7) days after end of each quarter

3.5.5 Assist in the completion of all required forms and records as required by the permit.

3.5.6 Advise COR when the removal and disposal of all Drying Bed Sludge and screenings are necessary, and is to be noted in the daily diaries. The Government will be responsible for the removal and disposal of all sludge and screenings, and the COR will provide the documentation indicating the amount of sludge removed.

3.5.7 24 Hour – 7 Day a week ON-CALL emergency response

(1) Contractor shall be able to response to all emergency situations within 2 hours of notification of emergency, or as agreed to by both the Center staff and the contractor.

Notifications may come in the form of telephone call or written electronic (email) message.

(2) Contractor shall be responsible for all costs associated with alternative coverage due to non-response within the required time frame stated above b the contractor.

(3) Contractor shall address emergency needs, and make recommendations regarding the repair and replacement of items related to water treatment plant operation.

3.5.8 Notify COR immediately if any part of the facility is not in compliance with the Permit. Provide recommendations and advise to COR regarding necessary repair and replacement of items that cannot be fixed or repaired through routine maintenance. Repair services and replacements items outside of the scope of this contract will be addressed with separate contracts, as necessary.

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The Contractor shall furnish all the necessary supervision, management, personnel, equipment, and services (except as otherwise specified), to perform the Statement of Work.

Contractor is not responsible for providing any materials under this contract, as the nature of the items is unknown and cannot be reasonably anticipated. The Golconda Job Corps Center will be responsible for all materials under this contract.

3.6 QUALIFICATIONS OF CONTRACTOR PERSONNEL

Contractor personnel:

Must be registered/licensed with the State in which the waste water treatment operator services will be provided; all licensing requirements/certification/accreditation of Contractor personnel must be maintained during the entire performance period, with proof being submitted at the request of the Government;

Are responsible for maintaining their own liability insurance and general liability insurance;

May be subject to a criminal background check and drug testing as prerequisites for contract performance.

3.7 MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES

A. The Government shall furnish the following: The government will provide the following items of

Government property to the contractor for use in the performance of this contract. This property shall be used and maintained by the contractor in accordance with the provisions of the

“Government Property FAR clause contained elsewhere in the contract:

a. Systems manual.

b. Plant facility and operating equipment

B. The Contractor shall furnish the following: All labor, services, permits, licenses, transportation of

Contractor personnel (as necessary), and incidentals (other than those provided by the federal Government) as needed to fulfill the work requirements herein. In addition, the Contractor shall insure that all Contractor personnel and their agents are covered by general liability insurance during the entire performance period and agrees to indemnify and hold harmless the Job Corps Center from any actions taken by, for, or against the Contractor or their agents that could result in additional expenses, fees, or lawsuits.

C. Security: The space, equipment, and supplies used by contractor personnel MUST be secured at all times, per Center requirements. The Contractor shall review security procedures with the Center WPO and

COR.

3.8 RECORDS, REPORTS, AND REQUIRED SUBMITTALS

The following submittals are required during the period of performance of this contract:

Complete and the timely submission of all required forms and records as required by the permit.

All forms and reports shall be submitted through both the COR and the Center Director.

(1) State of Illinois

(2) USDA Forest Service

(3) US Department of Labor

(4) US Environmental Protection Agency

(5) NPDES Permit

3.9 THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

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A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to:

Amend, modify, or deviate from the contract;

Request removal of unsuitable Contractor personnel;

Order re-performance of unacceptable work or performance by other means.

Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to the following:

Determining the compliance and adequacy of performance by the Contractor;

Ensuring adequacy of schedule and Quality Assurance Plan (QAP), as well as coordination of changes to the schedule and QAP if necessary.

3.10 QUALITY ASSURANCE SURVEILLANCE MATRIX

In accordance with FAR 37.401, the Government will evaluate the quality of professional and administrative services provided, but retains no control over the professional aspects of services rendered (e.g. professional judgments, management of contract employees, etc.)

The Contractor will receive performance evaluations in accordance with the Quality Assurance Surveillance Plan for this requirement, which shall be provided to the Contractor by the CO or the COR.

Performance evaluations will include assessment of the following:

Task/

Critical

Subtask

Quality/Performance

Standards

Acceptable

Quality

Level

Means of

Measurements

Penalties Incentives

3.5.1 The

contractor shall operate and provide all routine maintenance for the

Golconda Job

Corps Center

Wastewater

Treatment

Plant

Maintenance per manufacture’s manual

Minimum NPDES requirements

100 % Good health of plant and No notices/violatio ns from State or

Federal

Agencies , Daily Diaries

Contractor is responsible for repairs and/or replacement of equipment

(like/same) due to their fault or negligence.

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if options are exercised

3.5.2

Contractor must perform on-site daily for at least a minimum of

4-hours

Minimum hours on site general plant operation/inspection/rep airs (Center specific)

100% COR monitor log entries, Daily Diaries

Contractor will default monetary equivalent of coverage time

Good performance

= good performance rating and contractor shall be considered eligible for

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3.5.3 Perform

and successfully pass all State required tests.

Conforms to the latest edition of Standard

Methods of Lab

Procedures. Minimum

NPDES requirements.

100% No notices/violatio ns from State or

Federal

Agencies, Daily

Diaries

Contractor is responsible for fines and/or penalties for noncomplian ce of requirements.

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if options are exercised

3.5.4

Maintain and keep in order

ALL

documentatio n required by both State and Federal agencies

State’s Discharge

Monitoring Form, Forest Service R8-7400-

1a, Daily Diary, State and Federal

Inspection Reports, Quarterly Environmental

Report

Minimum NPDES requirements

100 % No notices/violatio ns from State or

Federal

Agencies

. Good performance

= good performance rating and contractor shall be considered eligible for option periods, if

3.5.5 Assist

in the completion of all required forms and records, as required by the permit.

State of Illinois

U.S.D.A. Forest Service

U.S. Department of

Labor

U.S. Environmental

Protection Agency

Minimum NPDES requirements

100 %

Not receiving required documentation by requested dates, Daily

Diaries

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if

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3.5.6

Advise COR on the need to remove sludge and screenings, as necessary.

100% Periodic/rando m visual inspections by

COR, Daily

Diaries

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if

3.5.7

24 Hour – 7

Day a week

ON-CALL

emergency response

Available to respond to emergency situations within 2 hours

100% COR track log entries, Daily

Diaries

Contractor responsible for costs of alternative coverage due to non-response by contractor

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if

3.5.8 – Notify

COR

immediately if any part of the facility is not in compliance with the

Permit

100% COR track log entries, Daily

Diaries

Good performance

= good performance rating and contractor shall be considered eligible for option periods, if

This requirement is being procured as a Performance-Based Service Acquisition. Accordingly, the Contractor will receive performance evaluations at least annually. Performance evaluations will address, but are not limited to, analysis of the Quality/Performance Standards identified above.

Failure to perform to the standards identified in the Quality Assurance Surveillance Matrix will result in a negative impact to the Contractor’s performance evaluations. In addition, the use of the Quality Assurance Surveillance

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Matrix to evaluate Contractor performance in no way limits the Government’s rights and remedies established under contract regarding the Contracting Officer’s discretion to pursue termination by convenience or default, to exercise (or not) contract options, to accept or reject services provided, etc.

3.11 PERIOD OF PERFORMANCE

The contractor shall begin performance immediately upon award, and continue through until contact completion, cancelation or termination. The period of performance for this project shall include one (1) one-year base period plus four (4) one-year option periods, and shall be from:

Base Period: July 1, 2014 – June 30, 2015

Option Period One (1): July 1, 2015 – June 30, 2016

Option Period Two (2): July 1, 2016 – June 30, 2017

Option Period Three (3): July 1, 2017 – June 30, 2018

Option Period Four (4): July 1, 2018 – June 30, 2019

3.12 ATTACHMENTS

1. Wage Determination Number – 2005-2310, Revision No. 14, Dated 6/19/2013 10 Pages

2. Quote Submission Questionnaire 2 Pages

3.13 SPECIAL CONTRACT REQUIREMENTS

1. INVOICING PROCEDURES.

A. Invoices. In addition to the clause language in FAR 52.212-4, the following direction is provided:

1) Invoices shall be submitted on a monthly basis, no later than ten (10) days following the period being invoiced;

2) Invoices shall include only those products provided during the billing period;

3) Invoices shall bill by Line Items as listed in the Schedule of Items;

4) Billing rates shall be in accordance with the firm-fixed rates listed in the Schedule of Items.

B. Effective February 24, 2014 all invoices are required to be submitted through the Department of Treasury’s Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

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PART IV -- SOLICITATION PROVISIONS AND QUOTE

SUBMISSION INSTRUCTIONS

(This section will be removed at time of award)

4.1. 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 these addresses:

4.2 FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUL 2013)

4.3 FAR 52.212-2 – EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

4.3.1. TECHNICAL CAPABILITY

– Offeror’s proposed method of performing all required tasks in the PWS and meeting all contractual requirements

– Experience: Evaluation of key personnel resumes and Offeror’s responses to the Experience

Questionnaire (including corporate experience and experience of key personnel)

– Professional Certifications: Whether Offeror included proof of appropriate certifications of key personnel; if key personnel do not yet have all appropriate certifications, Offeror’s plan for key personnel to obtain certifications in a timely manner

– Insurance: Whether Offeror included proof of insurance required for working on a Government installation

4.3.2. PAST PERFORMANCE

– Verification of the facts (contract, period of performance, type of work performed) regarding any recent and relevant past performance information provided

– Quality of service, customer satisfaction, and timeliness/responsiveness of contractor or key personnel as provided by POCs provided by Offeror, Government systems such as PPIRS, or formal performance evaluations provided by the contractor for recent and relevant past performance

- Those not submitting past performance information as outlined above may not be considered for award.

4.3.3. PRICE AND COST

- The Government will also look at Cost and Price which includes considering the cost/price information entered in Pricing Schedule. It is the Government’s intent to determine reasonableness and the quoter’s understanding of ALL the work required and the ability to perform ALL of the work stated under the contract. Any exclusions listed in reference to prescribed work, may remove the contractor from consideration.

Relative Importance of Factors: Technical Capability and Past Performance, when combined, are significantly more important than price.

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(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

In accordance with FSAR 4G13.106-2 preference may be given to potential vendors or suppliers if they are 8(a) or other small disadvantaged businesses.

The Government may reject any or all quotes, issue orders to other than the lowest quote, and waive minor informalities or irregularities in quotes received, or elect to not award at all. The Government does not intend to hold discussions. If necessary, the Government may conduct discussions with any or all quoters.

The Government may issue an order on the basis of quotes as received, without entering into discussions with any quoter. Therefore, each initial quote should contain the quoter's best terms and must speak directly to the evaluation factors listed.

4.4 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Nov 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“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…