B.08.02 W9123722Q0127.pdf

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Attached to
Yatesville Environmental Trail Stabilization Federal contract opportunity
Solicitation number
W91237-22-Q-0127
Issued by
Department of the Army Corps of Engineers Engineering District Huntington

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LOGISTICS MANAGEMENT OFFICE

MARK KENNELL

WAREHOUSE, 715 13TH STREET

HUNTINGTON WV 25701

TEL: FAX:

W81F8E21259212

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9123722Q0127 27-Jul-2022 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

USACE, CONTRACTING DIVISION

ATTN: BRITTANI STOWERS

502 W 8TH STREET

HUNTINGTON WV 25701

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

10-Aug-2022(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

304.399.5762BRITTANI STOWERS

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9123722Q0127

Section B - Supplies or Services and Prices

PRICE BREAKOUT SCHEDULE

Line Item No. Description of Requirement Qty/Unit of Measure Extended Price

Reimbursement of actual cost of payment bond for quotes in excess of $35,000.00

Reimbursement of actual cost of performance bond for quotes in excess of $150,000.00

JOB

JOB

0003 Mobilization & de-mobilization of equipment required in accordance with the attached Scope of Work.

JOB $__________

0004 Labor at Yatesville Lake in accordance with the attached Scope of Work.

Materials and Supplies for Environmental Trail Stabilization at Yatesville Lake in accordance with the attached Scope of Work.

Quote Total $__________

ADDITIONAL INFORMATION

ADDITIONAL INFORMATION

SITE VISITS ARE HIGHLY RECOMMENDED PRIOR TO PROVIDING A

QUOTE. SEE CLAUSE 52.236-27 FOR ADDITIONAL INFORMATION.

PLEASE DIRECT ALL QUESTIONS TO BRITTANI STOWERS AT (304) 399-5762 or brittani.l.stowers@usace.army.mil. ANY INFORMATION RECEIVED AT THE

SITE VISIT WHICH CONFLICTS WITH THIS SOLICITATION SHOULD BE

BROUGHT TO THE ATTENTION OF MS. STOWERS. THE SOLICITATION

AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN

ALL CASES.

QUOTES CAN ONLY BE E-MAILED TO BRITTANI STOWERS AT

brittani.l.stowers@usace.army.mil by the date referenced on page one of the SF18.

Per FAR 36.204 the estimated price range for this project is between $100,000 and $250,000.

NOTE: Award will be made to the lowest price offeror who meets the technical requirements of the solicitation and is deemed responsible by the contracting officer.

The intent is to award without discussions.

NOTE: this procurement is 100% Total Set-Aside for Small Business. For more information see FAR Clause 52.219-6.

QUOTATION INSTRUCTIONS (Provide the following with your quote):

Company Name and Address:

Phone Number: Fax Number:

Email Address:

Business Size (select all that apply):

Large Business Small Business HUBZone Business 8A

Woman-Owned Service-Disabled Veteran-Owned

If subcontractor will be used for this work, please provide company name and credentials/qualifications:

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 note, as of April 2018, GSA's System for Award Management (SAM) system is requiring new registrations and renewals of existing registrations to submit an original signed notarized letter identifying the authorized Entity Administrator. Vendors are encouraged to check their entity's status in SAM.gov and plan accordingly. If the prospective contractor is not registered in the SAM database, the Contracting Officer will following the procedures at FAR 4.1103. Contact the supporting Federal Service Desk at www.fsd.gov, or by telephone at 866- 606-8220 (toll free) or 334-206-7828 (internationally) Monday through Friday from 8 a.m. to 8 p.m. (EDT), for FREE assistance.

Contractor is registered with SAM:

YES NO (See FAR 52.204-7)

Provide business Unique Entity Identifier number:

(phone 800-333-0505 for Unique Entity Identifier number).

Provide business CAGE code:

Provide Tax Identification Number:

All work under this contract shall be in performance with all local, state, and federal laws, regulations, and codes.

Only the awarded contractor shall provide a copy of their insurance certificate required by State and Local Governments that has been acquired for the time period covered under this contract to the Contracting Officer within 10 business days after award. No further insurance requirements will be imposed by the Corps of Engineers for this contract.

Contractors are not required to submit an Accident Prevention Plan (APP) with their quote.

The successful offeror will be required to submit this document upon award. The APP must be accepted by the Government Designated Authority prior to the preconstruction conference. The contractor that receives this award will have 10 calendar days to provide an Accident Prevention Plan (APP). If this deadline is not met, the contractor will be given a cure notice stating that they will have 10 calendar days to submit an APP, otherwise the contract may be terminated for default.

Only the awarded contractor shall is required to submit back FAR Clause 52.204-24 with signed award. Please answer the two questions that are within the clause by placing an X in the box for does or does not OR will or will not, whichever applies to you as the contractor.

Please submit back within 10 business days after award.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

FY22 ORB-Y ENVIRONMENTAL TRAIL STABILIZA

FFP

The general description of the work is to repair and regrade existing project nature trail to prevent future erosion. Contractor shall furnish all equipment/supplies; all tools, labor and supervision needed to safely complete the following project. The final product should include a newly worked trail with erosion prevention, aesthetically pleasing to project staff and its visitors.

FOB: Destination

MILSTRIP: W81F8E21259212

PURCHASE REQUEST NUMBER: W81F8E21259212

PSC CD: Y1QA

NET AMT

Section C - Descriptions and Specifications

SCOPE OF WORK

Scope of Work Environmental Trail Stabilization

Yatesville Lake

Worksite Location: Environmental Interpretive Trail- U.S. Army Corps of Engineers Yatesville Lake – Louisa, Ky.

The general description of the work is to repair and regrade existing project nature trail to prevent future erosion. Contractor shall furnish all equipment/supplies; all tools, labor and supervision needed to safely complete the following project. The final product should include a newly worked trail with erosion prevention, aesthetically pleasing to project staff and its visitors.

1. The Contractor shall recondition old trail by using earthmoving equipment and other various equipment to remove brush, shape and level trail.

2. The Contractor shall re-slope banks, widen and contour trail for ease of access to visitors, project staff and contractors.

3. The Contractor must apply riprap/channel liner for erosion prevention along the shoreline discussed in the description below.

4. The Contractor must apply gravel or aggregate to walking path on trail for accessibility.

5. The Contractor must reclaim areas disturbed with equipment.

6. The Contractor must install drainage systems along trail to prevent aggregate from washing out and/or rutting walk paths.

7. The Contractor must reinstall existing benches and trash receptacles before completion.

Erosion along trail: 1040 ft approx. See Exhibit 1 (Map Attached) Riprap shall be placed approx. 25ft from the slope of the new trail to the waters edge.

The Contractor shall dispose of old materials and other excess items to a location specified by the Resource Manager

The contractor shall furnish all personnel, equipment, transportation, disposal, supplies and materials to perform the work. No government equipment or supplies shall be used for this project

Site Visit: Prospected bidders are encouraged to make a site visit by contacting:

Nicholas Sagwitz, Resource Manager

708 Yatesville Dam Road Louisa, Ky. 41230 606-686-3242

Expected Start Date: Work shall commence within 90 calendar days of issuance of Notice to Proceed (NTP), if Yatesville Lake is at winter pool. Winter draw down will start Nov. 1st, 2022.

Contract Duration: Project shall be completed within 30 calendar days of work commencement.

Pre-Construction Conference: The Contractor shall attend a pre-construction conference prior to initiation of work under this contract and only after all pre-construction submittals are approved. This includes the approval of the Contractor’s Accident Prevention Plan. This meeting will take place at least two (2) weeks prior to the beginning of work.

Warranty: The Contractor warrants that the work performed and materials provided under this Agreement conforms the contract requirements and is free from any defect in equipment, material, design, finish, or workmanship performed by or the responsibility of the Contractor.

This warranty shall be for a period of 5 years in regard to installation and for a period of 20 years in regard to materials, finish, design, etc. from the date of final acceptance. The Contractor shall remedy, at the Contractor’s expense, any loss of or damage to USACE owned or controlled real or personal property when such loss or damage is incurred as the result of Contractor’s failure to conform to contract requirements, any defect in materials, design or workmanship, or the result of Contractor’s negligence.

Site Clean-Up and Restoration: The Contractor shall ensure the work site and areas around the work site are free of any debris and materials upon completion of work each day, as well as at the completion of the job. Contractor shall remove and properly dispose of all materials and equipment at the completion of the job. Unused materials or equipment owned by the USACE shall be returned to a location designated by the PPO.

Equipment, Material, and Supply Inspections: All materials shall be inspected upon delivery and or prior to use by Government personnel. Materials shall be of high quality, commercial grade and meet or exceed industry standards or otherwise specified.

Invoices: Invoices shall be submitted to:

Nicholas Sagwitz, Resource Manager U.S. Army Corps of Engineers 708 Yatesville Dam Road Louisa, Ky. 41230 606-686-3242

The final invoice shall be submitted only after the Government acceptance of the results of the final inspection performed after all contract items have been fulfilled.

SPECIAL REQUIRMENTS:

1. Working Days and Hours:

Normal working hours are Monday through Friday 7:30 am to 4:00 pm. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. The normal work week will run from Monday through Friday, excluding holidays.

The eleven (11) Federal Holidays observed are:

• New Year’s Day (January 1)

• Martin Luther King Day (3rd Monday in January)

• President’s Day (3rd Monday in February)

• Memorial Day (Last Monday in May)

• Juneteenth (June 19)

• Independence Day (July 4)

• Labor Day (1st Monday in September)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (4th Thursday in November)

• Christmas Day (December 25)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday the preceding Friday is observed as a holiday.

Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours. Work shall be scheduled around the above listed Federal holidays unless approved in advance.

Work shall be performed during daylight hours and days to be worked will be at the discretion of the Lockmaster.

2. Contractor Safety Requirements:

All work must be completed safely and in accordance with the USACE provided safety manual – EM 385-1-1. The following sections will be referenced:

Section 2 – Sanitation Section 5 – Personal Protective Equipment (PPE) Section 13 – Hand and Power Tools Section 14 – Material Handling, Storage and Disposal Section 18 – Vehicles, Machinery and Equipment Section 20 – Pressurized Equipment and Systems Section 21 – Working Over or Near Water Section 23 – Demolition, Renovation Section 25 – Excavation and Trenching

All PPE is required at all times while on work site. Open communication required at all times.

If the Contractor fails or refuses to promptly comply with safety and security 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.

All employees involved in providing services shall read and review the applicable AHA for that job. All employees performing work under this contract shall wear personal protective equipment as specified in EM 385-1-1 including as a minimum steel-toed safety boots, hard hat, safety glasses, hearing protection, sleeved shirts, long pants, and gloves and other equipment common to trade as specified in EM 385-1-1.

Activity Hazard Analysis. The Contractor shall prepare and use an Activity Hazard Analysis (AHA) as one of many tools to insure safe performance of work. It is the Contractor’s responsibility to prepare the AHA. For re-occurring jobs, sample or previously prepared AHA’s may be provided by the Government for the Contractor’s information and to assist the Contractor in the development of site specific AHA’s pertinent to performing the work. The contractor is encouraged to revise or add to these AHA’s as necessary to address changing conditions.

The EM 385-1-1 can be access online via the following web address:

http://usace.army.mil/CESO/Documents/EM385-1-1FINAL.pdf

3. Daily Sign-In Log:

A daily sign-in log will be maintained throughout the course of the scheduled work by the contractor. The sign-in log will be located at the Project Office Visitor Center. An invoice with final costs will be provided to the Corps prior to the start of work.

Contractor Accident Prevention Plan (APP).

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. 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 and security 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 Accident Prevention Plan (APP). The Contractor shall prepare a site-specific Accident Prevention Plan following the outline provided in EM 385-1-1, Appendix A as a minimum. The contractor shall address each element and sub-element in the outline in the order they appear in Appendix A. Any item from the outline that does not apply must be listed, in its assigned place and a brief explanation of the reason it is not required/provided. The APP shall address any unusual or unique aspects of the project or activity. This 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-Friday 8:30 a.m. - 4 p.m. at (304)399-5039/5032/5326. The web address for EM 385-1-1 is:

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

(1) The contractor shall have on site an employee designated as a Site Safety and Health Officer (SSHO) who has completed the OSHA 30-hour Construction Safety training or its equivalent as specified in EM 385-1-1, 01.A.17 (only authorized online outreach training providers qualify – https://www.osha.gov/dte/edcenters/map.html) and has at least five years experience relative to the work to be performed. No work will be permitted unless the SSHO is present at the work site.

(2) For task orders limited to routine mowing, cleaning and janitorial work SSHO responsibilities may be a collateral duty. Contractor may also elect to use an SSHO with either OSHA 30-hour Construction or General Industry qualifications.

(3) Work crews of two or more must have two people holding current certification in

First Aid and CPR from the American Red Cross, American Heart Association or a licensed physician. Training must include a hands-on component that cannot be taken online 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.

(4) All work that potentially exposes the worker to falls of six feet or more will require the contractor to submit a Site Specific Fall Protection & Prevention Plan in accordance with EM 385-1-1, Section 21.D.

(5) Cranes and hoisting equipment shall be operated only by qualified personnel (operators licensing, physical and drug testing in accordance with EM 385-1-1 Section 16.B).

Note: CDL Medical Clearance is not acceptable. Please see attached medical clearance requirements.

(6) Effective November 8, 2010 all “Signalpersons” and “Riggers” shall be qualified.

This is a mandatory requirement in accordance with 29 CFR 1926.1400 Regulations. Riggers must be a qualified person for the performance of specified hoisting activities such as during assembly/disassembly, in accordance with OSHA 1926.1404(r)(1) and 1926.1425(c)(3).

(7) Work orders involving potential exposure to Hazardous, Toxic or Radiological Waste shall require development of Site Specific Safety and Health Plan (SSHP) by qualified personnel as specified in EM 385-1-1 Sections 6 and 33.

C. Risk Management Process. The Contractor shall utilize risk management tools such as Activity Hazard Analysis (AHA), Job Hazard Analyses (JHAs), Job Safety Analyses (JSAs) or similar tools to identify, assess, prioritize risks and develop controls to minimize, monitor and control the probability and/or impact of unfortunate events to an acceptable level. Within each major phase, all activities, tasks or Definable Features of Work (DFOWs) shall be identified that will require an AHA/JSA/JHA. For each work activity, task or DFOW contractor shall prepare the initial AHA/JSA/JHA. A Risk Assessment Code (RAC) is assigned to each step, to the risk that remains after controls have been applied (residual risk) a final RAC (cannot be lower than the highest step RAC) shall be assigned. See EM 385-1-1 Section 01.A.14.b. for further guidance or contact the SOHO for assistance. The AHA/JSA/JHA shall be reviewed and accepted by the proper authority in order to proceed with the activity. All on-site employees shall review the accepted AHA/JSA/JHA prior to performing work and during weekly and “Tool Box” safety meetings as appropriate.

1. AHA/JSA/JHA shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. AHA/JSA/JHA should indicate compliance with EM 385-1-1 personal protective equipment requirements (safety-toed work boots, safety glasses, gloves, hard hats, etc.), work crews of two or more must have two people currently qualified in first aid and CPR and the appropriate first aid kit on site. Single individuals working alone must have current certification in First Aid only.

2. The names of the Competent Person(s) and Qualified Person(s) required for a particular activity (e.g., excavation, scaffolding, fall protection, or other activities as specified by OSHA and this manual) shall be identified and included in the AHA/JSA/JHA, as well as proof of their competency/qualification.

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: days away injuries, days 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;

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.

(2) 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

SECURITY REQUIREMENTS:

All Contractor and subcontractor employee(s) working on any contract who require access in and/or around any Government controlled facilities, projects, owned or leased facility/space, or customer property 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 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 District Security Management Office. The Owner of any non-government property may have additional requirement that will be defined in the task order.

NONDISCLOSURE OF INFORMATION:

The Contractor shall treat all documents received from the Government as sensitive in nature regardless of markings. Individually, and/or together, they represent information that may allow compromise of a Government structure or its function. The Contract, or Task Order, end does not change the sensitivity of the aforementioned materials and they shall remain sensitive in perpetuity.

At no time may any information related to this contract or a task order be shared with anyone outside of the USACE or approved contactor team working the order. This includes any Government Partners; all documents shall pass through the USACE's hands, to you or from you, since this contract is with the USACE only.

When we state "sharing," it minimally means with other employees of the Contractor that don't have a need to know to perform the work, anyone outside of the immediate Contractor team to include family, or through any type of presentation or paper. It includes keeping the information in a manner that someone passing by a desk cannot pick it up and view it and putting it away at the end of each day in a closed container.

If there is a question on sharing, please immediately contact the Contracting Officer’s Representative (COR) and they will enter into discussions with the required team members to determine a path forward as quickly as possible. If there is a breach of sharing, it shall be immediately reported to the COR and the Contracting Officer, and include the name of the person(s) who allowed the breach and the name of the person(s) who saw the data. If the Task Order requires a presentation or submission to others, the presentation or submission is not a violation of the non-disclosure requirement.

FOR ALL BASE CONTRACTS WITH SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the District Security Management office prior to the individual being permitted access in or on District facilities.

The Contractor shall 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 shall be submitted directly to the District Security Management Office.

The Contractor shall 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, an employee cleared in May of 2018, 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 shall ensure new or additional employees are fully vetted and approved by the District USACE Security Management staff before being permitted access to document or allowed to begin work on the contract in any fashion.

Where a base contract exceeds one year in length, the contractor shall submit SF-85 questionnaire for non-sensitive positions and SF87 finger print cards for each employee that will work on the contract for the full period of performance. For task orders, the Contractor will follow the guidance preceding this paragraph.

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 shall be cleared 30 to 45 days in advance of any site visit, tour, or work on federally owned/leased property. Typical clearance time is 45 business days. All Foreign Nationals shall 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 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 shall be sent to the Security Management Office in order to formally request a visit to any District facilities, projects, owned or leased facility/spaces.

GENERAL:

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 or at the Task Order level.

For Huntington District Contracts, 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

AT/OPSEC:

1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative.

The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures - -this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures

2. Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

3. Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

4. Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with

FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.

Section H - Special Contract Requirements

DAVIS BACON WAGE DETERMINATION

Wage rates are attached at the end of this solicitation. See attached wage rates.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

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

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 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 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 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 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 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

JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021 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 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

MAY 2022

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

MAY 2020

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

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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 products or commercial services, 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.

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

The Contractor shall be required to (a) commence work under this contract within 90 calendar days, but not before Nov. 1st, 2022, 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 30 calendar days from work commencement. The time stated for completion shall include final cleanup of the premises.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business…

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