B.08.02 W9123721Q0024.pdf

SEE ADDENDUM

(No Collect Calls)

W9123721Q0024 28-Apr-2021

b. TELEPHONE NUMBER

304.399.5337

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 18 May 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912379. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CYNTHIA A OXLEY

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

CYNTHIA OXLEY, 502 8TH STREET

HUNTINGTON WV 25701

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

304-399-5281FAX:

TEL: 304-399-5337 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250 employees

NAICS:

333120

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF59

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9123721Q0024

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

The Government intends to award one firm-fixed price commercial supply contract.

The award will be based on low-price and deliver. Prospective offerors must complete the information below.

Estimated Delivery Time: __________________________________

Unique Entity Identifier (formerly DUNS): ___________________________

TAX ID: ________________________

IMPORTANT NOTICE: Effective September 26, 2018 and in accordance with FAR Clause 52.204-7, “an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.”

Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting an offer.

Please direct all questions to Cynthia Oxley at (304) 399-5337 or cynthia.a.oxley@usace.army.mil. THE

SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

QUOTES CAN BE-MAILED TO Cynthia Oxley at cynthia.a.oxley@usace.army.mil. Mailed offers will not be accepted.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

https://ice.disa.mil/index.cfm?fa=SiteSuggestions&site_id=856&dep=*DoD&suggestion_type=1

A Site Visit and meeting has been set for Wednesday, May 5, 2021 from 10:00am-2:00pm Eastern at Louisville Repair Station, 2605 Shippingport Drive, Louisville KY 40212. This site visit is not mandatory, but highly recommended. All current COVID-19 CDC guidelines shall be followed while on-site.

If you cannot attend the site visit on May 5th, appointments can be scheduled by contacting Jeff Neeley at 615-310- 1729 or Chris Clinton at 304-399-5575.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

PRICE BREAKOUT SCHEDULE

LINE

ITEM DESCRIPTION QTY Q/M TOTAL

0001 Manitowoc MLC 300 Crane 1 EA

0002 Delivery

JB

0003 Installation 1

JB

Load Test and Annual Inspection 1 JB

TOTAL $

STATEMENT OF WORK

Manitowoc MLC300 Crane

Scope of Work and Technical Specifications

1. Purpose & Scope

a. This specification provides the minimum technical requirements and detailed scope of work for one each, Manitowoc MLC300 crane for which the contractor is required to supply. The contractor shall provide all associated labor, materials, supplies, tools, and transportation and travel costs for personnel and delivery of equipment. The contractor is responsible for any and all travel costs incurred with the delivery and installation of any and all equipment furnished, and contractor personnel required to meet the terms of the contract.

b. The equipment shall be new and unused, capable of performing within the parameters for which it was designed and intended function, in accordance with the operating and performance requirements specified herein in accordance with the manufacturer’s requirements. The equipment shall be of standard, commercial, design; prototypes and/or demos will be not be accepted. The equipment, assembly, and testing shall be completed so that when crane is delivered, assembled, and tested it can be operated for any purpose and/or function for which it is designed and/or constructed by the manufacturer.

c. Contractor is responsible for ensuring that any and all applicable standards for the design and use of the crane and equipment are met prior to selection and delivery of equipment. The crane, at a minimum shall meet all applicable mandatory OSHA/ANSI/ASME Safety Standards and requirements.

2. Technical Specifications

a. The contractor shall supply one Manitowoc MLC300 crane and accompanying parts. The crane will be placed and installed on a floating barge with dimensions of 195’ x 54’ and a hull depth a 10’. The crane shall meet the following requirements:

1) 386 US Ton (350 metric Ton) lifting capacity

2) Engine rated for 450 HP (336 kW) at 1800 RPM

3) 177.2’ (54 m) Boom

4) 48” (1.2 m) Crawler Pads

5) Rotating bed mounted 36,760 lb. (16,650 kg) line pull auxiliary drum with quick disconnects for hoist piping, grooved for 28 mm wire rope

6) Crane shall come equipped with a Variable Position Counterweight system

7) Must be capable of lifting 115,000 lbs at 100’ radius

8) Rear swing radius shall not extend past 28’ 2”

9) Rear swing radius with the mast stowed shall not extend past 30’ 2”

10) Width of crawler base must be 26’ 5”

11) Length of crawler base must be 31’ 10”

12) Clearance of counterweight tray to the deck must be 5’

13) 145 gallon hydraulic reservoir equipped with sight gauge, breather, clean out access, 100 micron mesh internal strainers, and 40 micron inlet screens

14) Upon award of the contract, the computer (LMI) shall be loaded with 3 degree charts which will be provided by USACE.

15) A remotely located wireless anemometer (wind speed indicator) shall be located on the boom tip as per manufacturers design.

b. Additional Accompanying Parts – Accessories

1) Twenty (20) 10-Ton (22,050 lb.) counterweight boxes

2) Carbody jacking cylinders with pads, self-erect cylinder fitted to live mast assembly and synthetic lifting slings

3) Camera System for viewing hoist drums. Shall include a camera with zoom capability at boom top and two (2) monitors in the operator’s cab for viewing.

4) 250 US Ton (226 metric Ton) hook block, 3,260 kgs (11,500 lbs.), seven 760 mm 30” Nom. OD roller bearing sheaves grooved for 28 mm wire rope

5) Duplex roller bearing swivel hook, hook latch & swivel lock, 28 mm wire rope

6) Cheek Weight kit consisting of two (2) 688 lb. (312 kg) weights and two (2) 1,369 lb. (621 kg) weights for total of 4,144 lbs. (1,866 kg) additional block weight

7) 2100’ Liftcrane load line (Main Drum), 28 mm rotation resistant

8) 1444’ Liftcrane load line (Auxiliary Drum), 28 mm rotation resistant

9) Detachable upper boom point with one 76 cm (30”) diameter tapered roller bearing sheave with rope guard for No. 500 boom top. Upper boom point shall include roller assembly for use on luffing jib attachment.

10) Block-up limit for second line over boom top

11) One each 24.5 Ton Auxiliary Ball

12) Single sheave auxiliary block capable of two-parts of auxiliary load line

13) Crane Star Crane Asset Management System

14) A red LED aviation obstruction light place on the tip of the crane’s boom. The light must meet all

FAA and ICAO standards.

15) LMI will sense and display at all times during operations the machine list/trim, radius, boom angle, hook load, and load chart selected.

c. Contractor shall provide and install an OEM or equivalent cold weather package for the crane. The package shall consist of:

1) Thermostatically controlled heaters capable of maintaining engines, engine coolants, engine oils, hydraulic tanks, and batteries at a temperature suitable for easy starting and ease of operations during inclimate/adverse weather for the geographical region and temperatures as low as -30º F/-34ºC for which the equipment is required to operate.

2) Package must include ESI AC common electrical boxes. System must be able to operate at temperatures as low as -30º F/-34ºC.

d. Contractor shall provide and install a light assembly compatible for the Manitowoc MLC300.

1) Light assembly shall include auxiliary lighting system on both the boom and super structure. Light assembly shall be of sufficient lumens to illuminate the area around the super structure and within the swing radius of the maximum boom length and radius of the crane capabilities listed herein.

Light assembly shall be powered by a generator with sufficient capacity to provide adequate electricity to power the entire light assembly. Generator shall be designed and compatible specifically for the MLC300, and installed prior to or upon delivery by the contractor.

3. Crane Delivery and Assembly

a. The contractor will be responsible for delivering and assembling the crane at the delivery location listed herein. Due to the limitations of the barge, it will not be possible to walk the crane onto the barge. The crane will be assembled upon a steel foundation constructed by the USACE especially for the Derrick Boat 50 which will accommodate the MLC300. The government will provide and operate a 550-ton derrick boat crane to assist with the following types of lifts:

1) Any lifts which require locating the crane and/or parts of the crane at any place onto the Derrick

Boat 50 barge.

2) Any lifts which occur with equipment located on the Derrick Boat 50 barge.

b. Any lifts that don’t include one of the scenarios above, the contractor shall be responsible for providing a crane with sufficient capacity to perform all required lifting. This includes but are not limited to; any lifts of parts from delivery vehicles/trucks to the land, and/or any lifts related/required for the assembly of the crane on land.

c. The Government will provide any lifting hooks required for lifts performed by the government’s crane(s). The Contractor will be responsible for providing any rigging to be used by their required crane and the government’s crane(s). Other than the assembly of the crane onto the steel foundation, the Contractor should assume that the deck of the barge is not available for staging of equipment, materials, or crane parts during assembly operations unless approved in advance by the Master Derrick Boat Operator or Heavy Fleet Superintendent.

d. The contractor shall coordinate with the Heavy Capacity Fleet Superintendent, Jeff Griffin at 304-399-

6201, prior to shipment of the crane to ensure there is an adequate amount of space available to the contractor for assembly. Once the crane is assembled on the barge, the contractor shall be responsible for conducting a load test and annual (periodic) inspection of the crane. Inspection and testing shall be done in accordance with the manufacturer’s requirements, and/or OSHA/ANSI/ASME B.30 requirements whichever requirement is the more stringent. Inspection and load testing documentation will be performed by a qualified person and all documentation or copies of provided to the Heavy Capacity Fleet Superintendent prior to departure from the delivery/set-up location.

e. The contractor shall obtain insurance which covers the FAR Clause 52.228-5 and Section 7. Insurance of this solicitation. The Contractor is also responsible with having insurance which covers USACE and its employees when USACE is assisting with the lifts noted in Section 3 “Crane Delivery and Assembly”. The USACE assistance with the lifts in Section 3, does not constitute acceptance of the crane.

4. Inspections, Operator Manuals & Maintenance Manuals

a. The contractor shall notify the Chief of the Heavy Capacity Repair Fleet prior to delivery to allow the

Chief and/or the Superintendent to conduct a site visit and inspect the equipment to ensure compliance with the specifications listed herein if he/she desires.

b. Upon delivery or prior to delivery, the contractor shall provide three hard copies each of the crane rating manual, O&M, service, and parts manuals specific to that crane serial number and all manufacturer operating, maintenance, parts, and safety manuals associated with each piece of additional equipment such as but not limited to light assemblies, and generators; serial number specific as applicable.

5. Price Breakout Schedule

Under Separate Cover

6. Schedule and Delivery

a. Prior to delivery of equipment, the contractor shall contact the Chief of the HCF (Heavy Capacity Fleet) and provide a minimum notice of 72 hours prior to delivery to set up a specific date and time.

Contractor shall complete all requirements of the contract within 180 calendar days of receiving the Notice to Proceed. If contractor is unable to meet this performance period for this contract they are encouraged to notify the Contracting Officer with an alternate performance period to be agreed upon between USACE and Contractor.

b. Shipping/Delivery Address:

Louisville Repair Station 2605 Shippingport Drive Louisville, KY 40212

Note: All quotes should use shipping address listed above. It is unlikely the shipping location will change prior to delivery. However, any changes in location for shipping will be communicated with the contractor and adjustments to the contract will be made prior to delivery.

c. Technical POC: Jeff Griffin, Superintendent, Heavy Capacity Fleet Phone: (502) 619-6201

d. Administrative POC: All administrative questions regarding this contract shall be directed to Drake

Riley, HCF Plant Manager at (502) 619-6002

7. Insurance

In reference to Contract Clause INSURANCE--WORK ON A GOVERNMENT INSTALLATION, FAR 52.228-5, the Contractor shall procure and maintain, during the entire period of his performance under this contract, the following minimum insurance:

a. Workmen's Compensation. Workmen's Compensation and Occupational Disease Coverage, as legally required by the State wherein the work is being performed.

b. Comprehensive Automobile Liability Insurance. Bodily injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence, and $1,000,000 per occurrence for property damage shall be required.

c. Comprehensive General Liability Insurance. Bodily injury coverage with minimum limit of $500,000 per occurrence shall be required. Property damage coverage with a minimum limit of $100,000 per occurrence shall be required.

d. Marine Liability Insurance: The Contractor shall procure and maintain marine insurance, including Hull and Protection and Indemnity in the minimum amount of the purchase price for the Manitowoc MLC-300 lattice boom crawler crane, per occurrence (including Jones Act and Collision and Towers liability insurance).

Notwithstanding the foregone, the Contractor shall assure that it has sufficient marine liability 10 insurance to cover the value of any damage to or loss of the Manitowoc MLC-300 lattice boom crawler crane.

GENERAL SECURITY LANGUAGE

All Contractors and subcontractor employee(s) working on any contract who require access in and/or around any Huntington District facilities, projects, owned or leased facility/space shall receive authorization to be on site at these areas based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12).

The Huntington District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on any contract based upon the results of the background investigation provided by the Huntington District Security Management Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL CONTRACTS 1-YEAR AND SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or on District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) Security Information Sheet on each employee working on site must be submitted directly to the Huntington District Security Management Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with option periods. For instance, if the employee was cleared in May of 2018, they shall be cleared again in May of 2019. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Huntington District USACE Security Management Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management Office).

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Huntington District Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Huntington District Security Management Office will make recommendations to the PCO or their Designated Representative. The Huntington District Security Management Office cannot give approval due to unfavorable report(s). The Huntington District Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

PRE-BID MEETINGS

Any Contractor or sub contractor who plans to attend a pre-bid site visit to any Huntington District facilities, projects, owned or leased facility/spaces must be vetted by having a background investigation conducted by the Security Management Office prior to the site visit. Information for the background investigation must contain the following: a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State). It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must be cleared 30 to 45 days in advance of any site visit, tour or work on USACE owned/leased property. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Huntington District Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work. A scanned copy of a valid passport must be sent to the Security Management Office in order to formally request a visit to any Huntington District facilities, projects, owned or leased facility/spaces.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, Engineering or Army regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Huntington District Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Scott E. Grandon, phone (304) 399-5661; email scott.e.grandon@usace.army.mil Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil Sandra L. Hardwick, phone (304) 399-5612; email sandra.l.hardwick@usace.army.mil

AT/OPSEC CLAUSES

AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

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.

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

For Contracts that Require OPSEC Training. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

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." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Contractor Safety Requirements:

A. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised at date of solicitation. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety requirements as specified herein, any project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

B. Contractor Abbreviated Accident Prevention Plan (AAPP). The Contractor shall prepare a site-specific Abbreviated Accident Prevention Plan as outlined in EM 385-1-1, Appendix A beginning with subparagraph 3.k on page A-10. Contractor must address each element/sub-element in the order they appear in the outline. Any element the contractor feels is not applicable to work under this contract must be listed and a brief explanation provided.

Plan must be accepted by the Contracting Officer prior to commencement of any work. Contractors are encouraged to contact the USACE Safety & Occupational Health Office for questions or information regarding the development of contract Accident Prevention Plans. Office hours are Monday through Friday 8:00 AM – 3:00 PM at (304)399- 5039/5032/6961.

The web address for EM 385-1-1 is:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

(Attached for your information and use is CESO Checklist A-01. This checklist was developed to assist you in the development of a site-specific Abbreviated Accident Prevention Plan. This checklist is provided as a tool only.)

C. Contractor Risk Management Process. Contractor may use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs) or Activity Hazard Analysis (AHA) for the purpose of risk assessment. Before beginning each work activity Contractor performing that work activity shall prepare an initial assessment (AHA/JSA/JHA) listing each job step, anticipated hazards, site conditions, equipment, materials, personnel and control measures to be implemented. A Risk Assessment Code (RAC) shall be assigned to each step assessing the level of risk remaining after implementation of controls. Once this process is complete a RAC will be assigned to the activity as a whole (cannot be lower than the highest step RAC). Residual risk must be communicated to the proper authority for acceptance in order to proceed. It is the Contractor's responsibility to prepare the AHA/JSA/JHA. Analysis with RAC shall be accepted by the GDA and discussed with al engaged in the activity including Contractor, subcontractor(s), and on-site government representative prior to commencement of work. Names of Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities specified by OSHA and/or EM 385-1-1) shall be identified and included in the AHA/JSA/JHA and proof of their competency/qualification.

NOTES:

The Contractor shall include a plan to address the Load Handling Equipment Requirements of Sections 15 and 16 of the EM 385-1-1, to include Critical Lift Plan; Assembly/Disassembly Plan (to include a Director and Competent Person); Site Plan; Load Plan; resume, licenses, and certifications for on-site lift supervisor, signal persons, and riggers. Crane operators, riggers and signal persons shall be trained, licensed and meet the physical and drug testing requirements specified in EM 385-1-1 Section 16.

The Contractor shall include a Fall Protection and Prevention Plan when fall hazards exist. Reference Chapter 21 of the EM 385-1-1 for requirements.

Work crews of two or more must have two people holding current qualifications in First Aid and CPR from the American Red Cross, American Heart Association or a licensed physician. Training must include a hands-on element and the contractor must maintain appropriate First Aid kit on site. Single individuals working alone must have current certification in First Aid as a minimum.

All electrical work must be completed by a Qualified Person with verifiable credentials as specified in EM 385-1- 1, Section 11.A.01.c. Electrical work will require contractor to submit a Control of Hazardous Energy Plan (LOTO) in accordance with EM 385-1-1, Section 12.

D. Accident/Mishap Reporting. The Contractor shall report all recordable mishaps to the GDA within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in; day’s away injuries, day’s away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accidents:

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

(2) The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(3) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical);

c. Load Handling Equipment (LHE) or Rigging;

d. Fall-from-Height (any level or other than same surface);

e. Underwater Diving

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-33 (Dev) Nonmanufacturer Rule (DEVIATION 2020-O0008) MAR 2020 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JUL 2020

52.222-26 Equal Opportunity SEP 2016 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered…