B.08.02. Solicitation --W912DR20Q0076 Wet Wall.pdf

Project: Indian Rock Dam Wet Wall Repair located in York, PA

Magnitude of Cosntruction: Less than $25,000

NAICS Code: 238140 Size Standard: $16,500,000 100% Set Aside Small Business

The site visit w ill be on 26 August 2020 at 11:00 AM EST. The address is 2933 Markle Road, York PA. Please contact POC: Jeff Meadow s at 570-213-2264 up to 24 hours in advance.

Request for Information (RFI's) are due on 31 August 2020 by 11:00 AM (EST) to Ms. McKenna Heath at mckenna.n.heath@usace.army.mil

See block 13A for quote submittal date and time.

MCKENNA N HEATH 410-962-0175

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

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

NEGOTIATED

17-Aug-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 10 00

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________04 Sep 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S ARMY CORPS OF ENGINEERS

2 HOPKINS PLAZA 03-B-07

BALTIMORE MD 21201

W912DR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 410-962-0175 TEL: FAX:

W912DR20Q0076 46

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

INSTRUCTION TO OFFERORS

INSTRUCTION TO OFFERORS

Offers shall be prepared in accordance with these instructions, providing all required information in the specified format. Official submission will be documented in accordance with the date and time stamp of the email submission.

Quotes shall be submitted via email ONLY to Ms. McKenna Heath at Mckenna.n.heath@usace.army.mil no later than due date listed in Box 13. A. above.

Site Visit (Pre-Bid tour) - Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost or contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

The scheduled site visit will be performed on 26 August, 2020 at 11:00 AM EST.

Site Visit location: Indian Rock Dam, York, PA Address: 2933 Markle Road, York PA, GPS coordinates are: 39°55'21.7"N 76°45'12.9"W (39.922693, -76.753594)

To attend, please arrange with Mr. Jeffery Meadows no later than 24 hours prior to the scheduled site visit. He can be reached at 570-213-2264 or Jeffrey.L.Meadows@usace.army.mil

EVALUATION CRITERIA

The Government will award a firm-fixed-price (FFP) contract to the responsible Offeror whose offer conforms to the requirements as stated in this request for quotation (RFQ). The award will be made using the Lowest Price Technically Acceptable (LPTA) method based on the following three (3) evaluation factors:

1- Technical 2- Past Performance 3- Price.

A. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the Technical factor.

B. The Government intends to evaluate quotes and make award without questions to contractors.

When combined Technical and Past Performance factors are approximately equal to cost or price. Therefore, the initial quote should contain the contractor's best terms from a Technical and Cost standpoint.

C. Unclear quotes may not result in questions for clarifications. Offers with an omission or unclear quote may be judged to mean the contractor does not fully understand the requirements or understand what it takes to meet the requirements, regardless of the proposed cost/price and will be rated unacceptable. In that case, the Offeror may be found unacceptable, and ineligible for award. The Government reserves the right to ask questions of offerors if the Contracting Officer determines them to be necessary.

SUBMISSION CRITERIA:

The offer will be evaluated to ensure all the items below are provided:

• Cover Letter on Offeror’s letterhead. Letter shall summarize the pricing total and include Offeror specific details such as Cage Code, Tax ID#, and DUNS #. Letter shall be signed by the representative managing the account.

I. TECHNICAL:

A. Technical Requirements: This information consists of the offeror’s intended approach to executing the contract. The submission for this section shall not exceed 5 pages in length, excluding resumes.

1. Equipment plan: The proposed equipment list should only include the equipment which will be used on this contract. Include size, make, model, and ownership (owned or rented) of equipment.

2. Staffing plan: The proposed staffing plan shall include both numbers of personnel proposed and position titles. Resumes for proposed key personnel, consisting of experience and other pertinent information, inclusive of superintendents, quality control inspectors, and foremen must also be submitted.

3. Capabilities plan: The proposed capabilities should include adequate documentation to illustrate the Offeror’s capabilities to successful complete the work identified within the solicitation.

The offer will be evaluated to ensure all the items below are provided:

B. Evaluation Criteria: The Government will check Offeror’s equipment, staffing and capabilities plans for each project for completeness and reasonableness. A complete and reasonable equipment, staffing and capabilities plan will receive an Acceptable rating. Incomplete or unreasonable plans will receive a rating of Unacceptable. Government will evaluate the clarity and strength of the overall organization and how well it is organized and structured to execute the entire scope of work. The Government will evaluate the capability of the firm to execute the project. The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work.

Technical Rating:

Adjectival Ratings Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation

II. PAST PERFORMANCE:

A. Technical Requirements: The offeror shall demonstrate recent, relevant experience on similar projects. If the offeror is a joint venture, each firm shall demonstrate experience. Submit at least 3 detailed examples of relevant work that are currently well underway or performed within the past 10 years. Work experience shall be demonstrated for at least 10 years. The Installing Contractor shall be certified by the manufacturer of the roof system to be installed.

B. Evaluation Criteria: The Government will evaluate how well the Offeror demonstrated their recent (within three years of the issue date of the RFQ), relevant experience with similar projects. If the Offeror is a joint venture, each entity must demonstrate qualifying experience comparable to its role on the project. The Government reserves the right to verify the experience record of cited projects or other recent projects or to interview owners or references.

The Government reserves the right to check any or all cited references to verify supplied information. A rating of Unacceptable will be given to an Offeror who cannot demonstrate a history of recent, relevant experience. The Government will consider extent of recent experience, degree of relevance of such experience to this project, demonstrated familiarity with similar sites and local conditions. Some examples of relevancy to this project may include, but not be limited to: (1) Number, size, type work, location; (2) Dates (completion within last 10 years); and (3) Firm's role and extent of work self-performed (subcontracting out all work is an examples of less relevant experience).

Past Performance Rating

Acceptable Past performance references and /or PPQ has satisfactory ratings and clearly meets the minimum requirements of the solicitation.

Unacceptable Past performance references and/ or PPQ has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.

Neutral No past performance submitted

III. Price: Price will be evaluated in accordance with FAR 15.402. The government may require additional pricing information. To assist in determining the extent to which the price is fair and reasonable and the pricing information shall be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced. Offeror must complete all line items to be considered for award. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Bid Schedule – Government template provided.

Form PPQ:

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE

AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE

COMPLETED QUESTIONNAIRE TO USACE WITH THEIR QUOTE, AND MAY DUPLICATE THIS

QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE

HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR.

HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE

CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES

THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

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RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable No information or did not apply to your contract Rating will be neither positive nor negative.

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ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E

VG S

M

U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

VG

S

U

N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG

M U

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes

No

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W912DR20Q0076

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes No

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

Yes No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues?

(Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

b) Contractor complied with all security requirements for the project and personnel security requirements.

E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor.

E VG S M U N

Please provide responses to the questions above (if applicable) and/or additional remarks.

Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

BID SCHEDULE

INDIAN ROCK DAM

YORK, PENNSYLVANIA

WET WELL REPAIR

BID SCHEDULE

The Contractor, as an independent Contractor and not as an agent of the Government, shall furnish all labor, supervision, materials, equipment and supplies to perform work in accordance with the specifications of the Scope of Work.

ITEM DESCRIPTION UNIT AMOUNT

0001 Wet Well Repairs all cost assoicated with these Job repairs.

TOTAL

SCOPE OF WORK (SOW)

INDIAN ROCK DAM

YORK, PENNSYLVANIA

WET WELL REPAIR

STATEMENT OF WORK

Statement of Work: The US Army Corps of Engineers at Indian Rock Dam in York, Pennsylvania requires repair of a concrete platform and beam in Wet Well #1 and random spall repair in other wet wells of the dam intake tower. The Contractor shall provide all labor, supervision, materials, equipment, and supplies to complete the following:

1. GENERAL: Concrete along the entire beam length (6-feet) and width (12-inches) has deteriorated to an approximate depth of 3-inches exposing the steel reinforcing bars along the underside of the second platform at elevation 422.50 feet within Wet Well #1. Reference the attached As-Built DETAILS OF INSIDE PLATFORMS on sheet 28. This Scope of Work address the concrete repairs to the underside and front face of the platform.

2. SURFACE PREPARATION:

a. Square cut the perimeter of the area to be repaired to a minimum depth of 1-inch into sound concrete to prevent featheredges. Do not cut reinforcement.

b. Remove all deteriorated (delaminated and spalled) concrete down to sound concrete.

Where more than 50 percent of steel bar (circumference) is exposed, remove additional concrete to provide a minimum ¾” clearance beneath steel bar. Undercutting will provide clearance for under bar cleaning, full bar circumference bonding to surrounding concrete and will secure the new concrete repair material structurally. Concrete removal shall extend along the bars to locations along the bar free of bond exhibiting corrosion and where bar is well bonded to surrounding concrete. Much of the concrete has been removed with a concrete hammer, however, it can be estimated that the repair will require the removal of approximately 3" inches of deteriorated concrete and 1" of competent concrete (4-inches total depth) to ensure a minimum of ¾ inch clearance adjacent and below the steel for the entire length and width of the beam. To reduce the potential for damage to steel reinforcing bars and competent concrete beneath the bars, the removal of both sound and unsound concrete shall be completed utilizing hand-held pneumatic 15 lb. class chipping hammers. In no case shall pneumatic chipping hammers exceed 15 pounds.

c. When unoxidized reinforcing steel is exposed during the undercutting process, special precautions shall be taken not to damage reinforcing steel and the reinforcing steel’s bond to surrounding concrete. If bond between the reinforcing steel and concrete is broken, undercutting of concrete to a depth of ¾” beneath the reinforcing steel and replacement with material will be required at the Contractors cost. Any steel damaged during undercutting shall be replaced at the Contractors cost. Any reinforcement that is loose shall be secured by approved methods.

d. Mechanically clean substrate to remove any surface contaminants such as grease, paint, oil, corrosion deposits, rust, dust laitance or other contaminants.

e. Mechanically clean all existing reinforcement with wire brush to remove any corrosion, rust or other impurities from the exposed reinforcing. Coat all exposed steel with Sika Armatec 110 EpoCem, Emaco P24, or approved equivalent as per manufacturer’s recommendations.

3. PLATFORM BEAM REPAIR MATERIAL: Repair shall be conducted utilizing the “Form and

Pump Method” for the repair. Concrete repair material shall consist of Sikacrete 211 (Manufactured by Sika) or approved equivalent. The repair area is estimated to include the entire width of the beam and length of the platform. Repair material shall be mixed, extended, applied, and cured per manufacturer’s recommendations.

4. ISOLATED SPALLS IN OTHER AREAS WITHIN WET WELLS #1, 2, AND #3: Isolated concrete spalls exist with the front face and underside of the second platform in Wet Well #1; Second platform in Wet Well #3 on the south wall and beam underside of the third platform in Wet Well #3. These areas shall be repaired by sounding with a hammer to identify any additional delaminated and unsound concrete areas in the presence of the Contracting Officer. Repairs shall be conducted by square cutting (Saw cut) the perimeter of repair area a minimum of ½ inch laterally beyond the distressed area into adjacent sound concrete and to a minimum depth of ½ inch into sound concrete in a rectangular pattern to minimize over-break, featheredging, and spalling at edges and to assure removal of all unsound concrete. Edges that are chipped shall taper at 45 degrees toward the center of the repair area. Remove all material inside sawn area to ½ inch below surface of sound concrete utilizing lightweight pneumatic chipping hammers not exceeding 15 pounds. Patching material shall be a two component, polymer-modified, cementitious non sag, shrinkage compensated trowel grade mortar with corrosion inhibitor that has a coefficient of thermal expansion compatible with concrete and a minimum 28 day compressive strength of 5000 psi. Repair material shall be mixed, extended, applied, and cured per manufacturer’s recommendations. The material shall be SikaTop 123 PLUS (Manufactured by Sika) or an approved equivalent that meets the above specified requirements.

DELIVERABLES

1. Pre-Work Submittals - A paper or digital copy of the following shall be submitted within 21 days of award to the COR:

A. Accident Prevention Plan including Confined Space Plan B. Repair Material Technical Data Sheets C. Surface Preparation Procedures D. Repair Material mixing, application, and curing procedures

2. Post-Work Submittals: Two paper or digital copies of the following shall be submitted within 15 days of work completion to the COR:

A. Daily Quality Control Reports

SPECIAL CONDITIONS

1. Period of Performance: Work shall not commence until after the issuance of a notice to proceed issued by the Contracting Officer. Work shall commence no later than 30 days after the issuance of the notice to proceed and be completed within 90 days of notice to proceed.

The start date shall be coordinated with the COR, Mr. Jeff Meadows, and Head Dam Operator, Mr. Steve Young.

2. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding national holidays). Exceptions to this condition must be coordinated with and approved in advance by the West Section Supervisor, Susquehanna River Project, Mr. Meadows.

3. Accident Prevention: In performing this contract the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 and shall comply with any subsequent changes.

Information regarding acquiring the Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.asp

x. Prior to commencement of work under this contract the Contractor shall furnish to the Government an Accident Prevention Plan in accordance with Section I, Article 01.A.12 of the EM 385-1-1, dated 30 November 2014.

4. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. The Contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so.

5. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

6. Government Escort: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

7. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

8. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Construction Control Representative.

The Contractor shall hold and save the Government, its officers, and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

9. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the Contractor shall restore the work area to the original condition, to be approved by the Contracting Officer.

10. Environmental Protection: The Contractor is required to comply with all Federal, State, and

Local environmental regulations.

11. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State, and Local laws and regulations and shall comply with any subsequent changes.

12. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Construction Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.

13. Superintendent: The Contractor shall act as or provide a Superintendent and quality control manager whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the work performed under this contract. Such authorization shall be submitted in writing to the Government representative.

The Superintendent shall deal directly with the Government representative for normal day-to-day administration of the contract provisions. The Superintendent shall attend pre-work conference(s) prior to commencing work under this contract.

14. Project Operation: Indian Rock Dam is a flood control project and the Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the projects or employees. The site of the work is subject to flooding.

It is the responsibility of the Contractor to coordinate all work with Head Dam Operator and

COR.

INVOICES AND PAYMENT

1. Invoices: The Contractor shall submit itemized invoices no sooner than 5 days from the completion of the contract activity and no later than 15 days from the completion of the total contract activity. The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice or Call Order number Invoice total

2. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re-dated to reflect the new submission date.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses, the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

ATTN: Sharon McCain 5960 Susquehanna Trail Suite 1 Turbotville, PA 17772

VIA Electronic Mail: Sharon.L.McCain@usace.army.mil

PRIMARY CONTRACTING OFFICER

The primary Contracting Officer for this action is Colette Day ; however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items JUN 2020 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238140.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .60 days after notice to proceed* The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (AUG 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR…