ISO0171-19_-_RFP.pdf

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FORT GORDON LANDFILL CLOSURES
Solicitation number
ISO0171-19
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ISO0171-19 REQUEST FOR PROPOSAL

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AMD_4_-_ISO0171-19.pdf PDF
AMD_4_-_ATTACHMENT_1_-_REVISED_RFP_QUESTIONS_AND_ANSWERS_8-23-19.pdf PDF
AMD_3_-_ISO0171-19.doc DOC document
AMD_3_-_ATTACHMENT_1_-_RFP_QUESTIONS_AND_ANSWERS.xlsx XLSX spreadsheet
AMD_2_-_ATTACHEMENT_17_-_17TH_ST,_STORMWATER_CONTROL,_LOCATION_AND_VINCINITY_MAP.pdf PDF
AMD_2_-_ATTACHMENT_3_-_PG_4_OF_ISO0171-17_REPLACED.pdf PDF
AMD_2_-_ATTACHMENT_11_-_Gibson_Road_Landfill.pdf PDF
AMD_2_-_ATTACHEMENT_16_-_17TH_ST,_STORMWATER_CONTROL,_GRADING_AND_DRAINAGE_PLAN.pdf PDF
AMD_2_-_ATTACHMENT_18_-_17TH_ST,_STORMWATER_CONTROL,_SECTIONS,_DETAILS,_AND_SEDIMENT_NOTES.pdf PDF
AMD_2_-_ATTACHMENT_14_-_17TH_ST,_STORMWATER_CONTROL,_EROSION_CONTROL_NOTES.pdf PDF
AMD_2_-_ATTACHMENT_10_-_833-12-01_GRLF.pdf PDF
AMD_2_-_ATTACHMENT_5_-_RFP_QUESTIONS_AND_ANSWERS_8-21-19.xlsx XLSX spreadsheet
AMD_2_-_ATTACHMENT_13_-_17TH_ST,_STORMWATER_CONTROL,_DRAINAGE_CONDITIONS.pdf PDF
AMD_2__-_ATTACHMENT_6_-_DIVISION_O1_-_SECTION_01_50_00_REV_1.1.pdf PDF
AMD_2_-_ATTACHMENT_7_-_Additional_Contract_Requirements.pdf PDF
AMD_2_-_ISO0171-19.doc DOC document
AMD_2_-_ATTACHMENT_15_-_17TH_ST,_STORMWATER_CONTROL,_EXISTING_CONDITIONS.pdf PDF
AMD_2_-_ATTACHMENT_19_-_17TH_ST,_COMBINE_SET.pdf PDF
AMD_2_-_ATTACHMENT_4_-_PG_5_OF_ISO0171-17_REPLACED.pdf PDF
AMD_2_-_ATTACHMENT_12_-_GRLF_Misc.pdf PDF
AMD_2_-_ATTACHMENT_2_-_PG_2_OF_ISO0171-17_REPLACED.pdf PDF
AMD_2_-_ATTACHMENT_8_-_DESIGN_REPAIR_17TH_STREET_LANDFILL.pdf PDF
AMD_2_-_ATTACHMENT_9_-_DE-01515-0P_C-1_Remaining_Capacity_Plan.pdf PDF
AMD_2_-_ATTACHMENT_1_-_PG_1_OF_ISO0171-17_REPLACED.pdf PDF
ISO0171-19_-_Site_Visit_Sign-in_Sheet.pdf PDF
AMD_1_-_ISO0171-19.pdf PDF
ATTACHMENT_8_-_Past_Performance_Questionnaire.docx DOCX document
ATTACHMENT_7_Experience_Overview.pdf PDF
ATTACHMENT_2_-_Wage_Determiniation_GA-78.pdf PDF
ATTACHMENT_5_-_DRAWINGS.pdf PDF
ATTACHMENT_3_-__DIVISION_1_REQUIREMENTS.pdf PDF
ISO0171-19_COVER_LETTER.pdf PDF
ATTACHMENT_4_PERMITTING_REQUIRMENTS.pdf PDF
Criminal_and_Drivers_History_Consent_Form_190-6.pdf PDF
ATTACHMENT_1_-_Landfill_Closures_Section_B_-_pricing_pages.pdf PDF
ATTACHMENT_6_Experience_Information.pdf PDF
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(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

PART I:

Section A: Optional Form 308 or SF33

Section B: Supplies or Services / Pricing or Cost (Line Items)

1. The following information pertains to the SF1442, Solicitation, Offer, and Award:

OMB Clearance Number 1103-0018

Block 8: Emailed, Hand carried or Overnight Express to:

UNICOR, FPI

ATTN: Aimee Kerr - for Clara Roberts

400 First Street NW

Washington, DC 20534 email address is clara.roberts@usdoj.gov

Block 17: LUMP SUM (ENTER THE AMOUNT IN SECTION B)

Block 24, and 27, See Section H.

2. GENERAL INTENTION: It is the intent of this solicitation to result in award of a fixed price type contract for design build construction of the following Landfill locations at Fort Gordon, Georgia:

CLIN 001 BASE BID 1- Design Gibson Road Landfill Closure

CLIN 002 BASE BID 1- Construct Gibson Road Landfill Closure

CLIN 003 OPTION 1- Design 17th Street Landfill Passive Methane Ventilation System

CLIN 004 OPTION 1- Construct 17th Street Landfill Passive Methane Ventilation System

CLIN 005 OPTION 2- Design Carter Road Landfill Closure

CLIN 006 OPTION 2- Construct Carter Road Landfill Closure

CLIN 001 AND 002 WILL BE AWARDED. CLINS 003-006 ARE OPTIONAL AND WILL BE AWARDED SHOULD FUNDING BE AVAILABLE.

Contract Line Item: Offerors shall enter total unit price for each CLIN item.

THE NAICS CODE FOR THIS PROJECT IS: 238910 Site Preparation Contractors

The solicitation is set aside 100% for an 8(a) Small Business

Proposal due date is August 26, 2019 at 2:00 PM EST.

SITE VISIT IS MANDATORY.

Site visit has been scheduled for Tuesday, August 6, 2019 at 9:00 AM EASTERN. Participants will meet at Building 14600 located at 515 15th Street Bldg 14600 Fort Gordon, GA 30905

Mandatory attendance is required to be considered for award. Company Name, Name of attendees, and phone number for attendees must be submitted to Clara.Roberts@usdoj.gov by 2:00 PM EASTERN Thursday, August 1, 2019. Every person who comes on post that does not already have a Common Access Card will have to provide copies of their driver's license

(front and back), social security card (front and back), and fill out a Criminal and Driver's History form, which is attached to the notice at www.fbo.gov.

The Contractor shall inspect the site where services are to be performed. This site review shall satisfy the

Contractor's need to identify all general and local conditions that may affect the cost of the contract. Failure to inspect the site will not constitute grounds for claims after contract award.

DJU6200008879 PAGE 3 OF 39

Request For Quote

NOTE: If you have clearance to access the base - you are still required to submit your names for the site visit by the deadline of AUGUST 1, 2019, 2:00 PM EASTERN, in order to attend the site visit.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: clara.roberts@usdoj.gov. NO

PHONE CALLS PLEASE. QUESTIONS WILL NOT BE ACCEPTED AFTER FRIDAY, AUGUST 16, 2019 AT 2:00 P.M. EASTERN TIME. ANSWERS

TO ALL QUESTIONS WILL BE POSTED AT WWW.FBO.GOV VIA AN AMENDMENT TO THE SOLICITATION BY WEDNESDAY, AUGUST 21, 2019.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

VENDOR'S DUN & BRADSTREET NUMBER:_____________________________

VENDOR'S POINT OF CONTACT: ___________________________________

VENDOR'S TELEPHONE & FAX NUMBER: ____________________________

VENDOR'S EMAIL ADDRESS: ______________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE,ETC.): ___8(a)______

SBA REQUIREMENT NUMBER:____ HT1548860888W_____________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

LANDFILL CLOSURE

00004 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

Road Landfill Closure

DJU6200008879 PAGE 4 OF 39

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00005 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

Landfill Passive Methane Ventilation System

00006 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

Landfill Passive Methane Ventilation System

00007 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

Landfill Closure

00008 ICSG-0003 1 EA 5000043137

ICSG-0003-PROCUREMENT-SERVICE/CC*

ICSG-0003-PROCUREMENT-SERVICE/CC

Landfill Closure

PRICING ABOVE SHOULD BE THE TOTAL (TO INCLUDE MARK-UPS). USE ATTACHMENT 1 FOR PRICING BREAKDOWN FOR EACH

CLIN LISTED ABOVE.

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors shall state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so will disqualify the Offeror.

NOTE NO. 3. Contract performance time is a maximum of 365 calendar days after receipt of Notice to Proceed.

NOTE NO.4. Offers providing less than 180 calendar days for Government acceptance after the date offers are due, will not be considered for award and will be rejected.

DJU6200008879 PAGE 5 OF 39

PERFORMANCE WORK STATEMENT (PWS)

Part 1 - General Information

1. GENERAL: This is a contract intended to provide scope of work for landfill closures and passive methane system at

Fort Gordon, GA, hereafter referred to as FG. The Government shall not exercise any supervision or control over the contractors performing the services herein.

1.1. General Information and Requirements

1.1.1. Contract Correspondence

1.1.1.1. General

1.1.1.1.1. Contract Correspondence is the official communication that occurs between the Government and the Prime

Contractor. These paragraphs will briefly describe how Official Correspondence between the Contractor and the

Contracting Officer should be handled.

1.1.1.2. Responsibility

1.1.1.2.1. UNICOR, Federal Prison Industries is responsible for the administration and supervision of this contract.

The Contractor is requested not to contact or permit suppliers or subcontractors to contact other Army Contracting

Offices directly on matters pertaining to the contract. This request is based on a desire to avoid confusion, as any correspondence or telephone calls made to other offices shall be referred back to this office.

1.1.1.3. Serialized Letters

1.1.1.3.1. To help track and provide timely response to your question, the contractor shall be required to serially number all correspondence addressed to the Contracting Officer (KO).

1.1.1.3.2. Begin your numbering with Serial Letter 1. If a numbering error is quickly detected, but your letter is #in the mail# call the KO, explain the mix up, and ask that the correct number be annotated upon receipt. If a numbering error is detected after a number of other serial letters have been issued, identification and correction should be made by separate serial letter.

1.1.1.3.3. Be sure each serial letter clearly references you contract title, contract number and subject. Limit each serial letter to one subject.

1.1.1.4. Letter of Authorization

1.1.1.4.1. Immediately upon receipt of your Notice to Proceed letter, you are requested to provide a Letter of

Authorization with the typewritten names and signatures of individuals within your company who are authorized to sign the following documents:

1.1.1.4.1.1. Payment Estimates

1.1.1.4.1.2. Contract Modifications/Claims

1.1.1.4.1.3. ENG Form 4025 (Ship Drawing Submittals)

1.1.1.4.1.4. Receipts for Government-Furnished Property

1.1.1.4.1.5. Payrolls and Other Labor Related Documentation

1.1.1.4.1.6. Serial Letters

1.1.1.5. Other Documents

1.1.1.5.1. The following documents may be transmitted without a serial letter cover:

1.1.1.5.1.1. Pay Estimates

1.1.1.5.1.2. Modifications (Except for Claims)

1.1.1.5.1.3. Shop Drawing Submittals

1.1.1.5.1.4. Contractor Daily Reports

1.1.2. Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to

DJU6200008879 PAGE 6 OF 39

the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the

Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.1.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or rekeying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the

Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.1.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the

Contractor#s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.1.3. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition

Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer shall apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.1.4. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and

Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of

Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

PART 2 - DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in

DJU6200008879 PAGE 7 OF 39

writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the

Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

FPI Federal Prison Industries

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and

Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

DJU6200008879 PAGE 8 OF 39

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

PART 3 - GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. None

PART 4 - CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

PART 5 - SPECIFIC TASKS

5. CONTRACT TO CLOSE LANDFILLS AND INSTALL PASSIVE METHANE

VENTS IN ACCORDANCE WITH FEDERAL AND GEORGIA STATE LAWS

AND REGULATIONS.

5.1. Base Bid: Gibson Road Closure

5.2. Option 1: 17th Street Passive Methane System

5.3. Option 2: Carter Road Closure

5.4. Funding: Project is currently Funded

5.5. Period of Performance. The Period of Performance reads as follows:

5.5.1. Base Bid: Design and Construct Gibson Road Closure - 365 calendar days.

5.5.2. Option 1: Design and Construct 17th Street Passive Methane System - 180 calendar days, concurrent with the Base

Bid.

5.5.3. Option 2: Design and Construct Carter Road Closure - 180 calendar days, concurrent with the Base Bid.

The Total Period of Performance for the complete contract is 365 Calendar Days.

5.6. INTERFACE WITH GOVERNMENT PERSONNEL: Access to and from the site shall be coordinated through Department Public Works, Division, Fort Gordon, Bradley Clarke at (706) 791-9649, David Gaither at (706)791-9648, or designated Contracting Officers Representative (COR).

5.7. INVOICE OFFICE:

FEDERAL PRISON INDUSTRIES - UNICOR

ATTN: KIMBERLY SCHWINN, CONTRACTING OFFICER

400 FIRST STREET NW

WASHINGTON, DC 20534

DJU6200008879 PAGE 9 OF 39

5.8. Contractor Requirements:

THE FOLLOWING APPLY:

5.8.4. CQC System Requirements General Requirements Specifications Section 01 45 00.00 10:

5.8.4.1. CQC Manager

5.8.4.2. CQC Personnel:

5.8.4.2.1. Civil

5.8.5. Project Sign Required General Requirements Specifications

Section 01 35 13:

5.8.6. Site Visit Requirements General Requirements Specifications Section 01 08 00:

5.8.7. Submittals are required on the following materials General Requirements Specifications Section 01 33 00:

5.8.7.1. All Materials

5.8.8. Proposal submission requirement:

5.8.8.1. Price Proposal

5.8.8.2. Design Quality Control Plan

5.8.8.3. Construction Schedule (General Requirements Specifications Section 01 32 01.00 10):

5.8.9. After contract award:

5.8.9.1. Site Safety and Health Plan (General Requirements Specifications Section 01 35 26).

5.8.9.2. Quality Control Program (General Requirements Specifications Section 01 45 00.00 10).

5.8.9.3. Work Plan Design/Build (General Requirements Specifications Section 01 08 50). The design requirements are:

5.8.9.3.2. Medium Submittal Contractor shall submit Full Design (Preliminary (60%), Final (100%) and Corrected Final submittals). Submittals shall be in compliance with Savannah District Design Manual for Military Construction.

https://www.sas.usace.army.mil/Portals/61/docs/Engineering/EngineeringCriteria/Vol1_all.PDF?ver=2016-06-13-092141-717

5.8.9.3.5. Distribution of Submittals:

Number Items

1 Full Size and Half Size Drawings

1 Design Analysis, Specifications and Cost Estimate

3 Erosion Control Plans

2 CDs

5.8.9.4. Construction Schedule (General Requirements Specifications Section 01 32 01.00 10):

5.8.9.4.2. CPM

5.8.9.5. Weekly Progress Report (General Requirements Specifications Sections 01 08 00 and 01 35 13).

5.8.9.6. Telephone Conversation/Correspondence Records (General

Requirements Specifications Section 01 08 50).

5.8.9.8. As-Built/In Progress Drawings (General Requirements

Specifications Sections 01 35 13 and 01 78 00).

5.8.10. After construction completion, prior to final payment General Requirements Specifications Sections 01 78 00:

5.8.10.4. Equipment and Construction Warranties

5.8.10.6. As-Built/Final Drawings

5.9. APPLICABLE SPECIFICATIONS.

Refer to Division 01 General Requirements Specifications in Attachment 3.

5.10. SCOPE OF WORK:

5.10.1. This is a pre - Resource Conservation and Recovery Act inert landfill site. The contractor shall implement closure requirements for the landfill. Contractor shall develop an Erosion and Sediment Control Plan for the project during the implementation phase. The closure shall be completed with a full closure certification for submittal to the

Georgia EPD. The closure plan shall be developed based on closure requirements of the Georgia Solid Waste Management

DJU6200008879 PAGE 10 OF 39

Act. Final cover shall meet the closure standards for subtitle D landfills. The corrective action shall involve the contractor assuring cap material covering the landfill is a minimum of 24 inches. The closure shall be completed with a full closure certification for submittal to the Georgia EPD. The closure certification shall be prepared by a Professional Engineer (PE) licensed in Georgia.

5.10.2. All work shall be performed according to the Georgia Rules for Solid Waste Management 391-3-4, Georgia Water

Quality Control Act 391-3- 6, and the Georgia Erosion and Sediment Control Act 391-3-7. Temporary Environmental

Controls (Erosion and Sediment Control): The contractor shall meet all applicable requirements of the Georgia Water

Quality Control Act 391-3-6 and Georgia Erosion and Sedimentation Control Act 391-3-7. In execution of the contract the contractor shall obtain coverage under the Georgia national Pollutant Discharge Elimination System Permit for

Stormwater Construction Permit number GAR 100001 for standalone projects. The Contractor shall also obtain coverage under the Erosion and Sedimentation Control Act Land Disturbance Activity (LDA) Permit through the state delegated

Local Issuing Authority (LIA) which is Augusta-Richmond County under 391-3-7.

Contractor shall comply with the installation Municipal System

Operating Permit GAG 480000. Implementation shall require a preconstruction conference with the installation and LIA prior to commencement. In compliance with the permits, the contractor shall comply with stormwater system implementation requirements, inspection, recordkeeping, reporting, and sampling and analysis requirements. The site implementation of the stormwater treatment process and system shall be inspected by the level

II design professional within seven days after installation.

The site operator or superintendent in charge of the construction activity shall be a certified level 1A personnel.

All site operators and subcontractors shall have the required level of training IAW the Georgia Soil and Water

Conservation Commission Training standards for erosion and sediment control. Monthly compliance with permits and inspections shall be submitted to the UNICOR and Fort Gordon Environmental Division Monthly.

Copies of all inspection records, redline design changes, and turbidity sampling shall be provided to the installation at the end or close out of the project. All temporary BMP's shall be removed prior to final inspection by the installation and LIA. All requirements shall meet the Georgia Manual for Erosion Sediment Control. All sites exceeding

5,000 square feet shall be covered under individual plans and permits.

5.10.2.1. Gibson Road Landfill MSWLF 121-014D (SL) (Base Contract): The contractor shall implement the approved

Proposed Alternate Cover System in accordance with plans dated March 1, 2011 under the Gibson Road Landfill Active

Solid Waste Permit No. MSWLF 121-014D (SL). The plan shall be adjusted to cover the construction and demolition of the landfill. Work is required to bring the landfill cover to permeability standards for closure. The project involves removing the top 6 inches of top soil and vegetative cover, installation of a geosynthetic clay liner (GCL) consisting of bentonite sandwiched between two Geotextiles having a total minimum thickness of 6 millimeters over compacted sandy clay. The GCL shall then be covered with the 6 inches of removed cover. An additional 6 inches of top soil shall then be added to the top soil for a total cover of 12 inches, compacted, seeded, and tended to 70% establishment. All work shall follow the approved

Proposed Alternate Cover System. The activity shall require coverage under the Georgia Water Quality Control Act

(GWCA)Permit and Georgia Erosion and Sedimentation Control Act (GESCA)Permit. Both permits shall be required for the project by the Contractor at the Contractor's expense. Contractor shall develop an Erosion and Sediment Control Plan for the project during the implementation phase. The closure shall be completed with a full closure certification for submittal to the Georgia

EPD. The closure certification shall be prepared by a Professional Engineer (PE) licensed in Georgia.

5.10.2.1.1. The Gibson Road Landfill pond may be utilized for sediment control. The pond shall be converted to a sediment basin per the Georgia erosion sedimentation control manual and comply to post construction requirements after the work is complete. The detention pond shall comply with the Georgia Stormwater Management Manual and Augusta

Richmond County Design standards after mass grading is completed and the Notice of termination is filed. The

DJU6200008879 PAGE 11 OF 39

installation, consistent with its stormwater management plan, has adopted the above referenced standards in accordance with its MS4 system and plans. To measure effectiveness, contractor shall design, install, and sample the site during the construction period in accordance with the Georgia NPDES Stormwater Construction Stand Alone Permit. This will require turbidity sampling. In post construction, the system shall comply with control runoff according to local design requirements and standards. Stormwater/Land Disturbance Area permitting is strict and will cause delays if not done properly.

5.10.2.2. 17th Street Landfill 121-010D (SL) (Option 1): This is a pre - Resource Conservation and Recovery Act inert landfill site. The contractor shall implement the final installation of the passive methane control system as approved in the revised post-closure plan approved by Georgia EPD on January 5, 2017. The installation of methane vents shall require placing 21 passive vents in pre-approved locations across the existing cover of the landfill. Air permitting is not required. The implementation will relieve explosive methane gas levels associated with the landfill boundary near the National Security

Agency Whitelaw site. The action shall require BMP#s and disposal of bored material and waste at the Richmond County landfill. The waste hauler shall be a certified waste hauler in the state of Georgia under the Solid Waste Management

Act. Erosion Permitting shall be required if disturbance exceeds 5,000 square feet for a water quality LDA permit through the LIA. After completion of the project, the engineer of record shall prepare a certification of construction completion under professional PE seal for submittal to the Georgia EPD. Methane control wells/passive vents were estimated 25-45 feet in depth on average and may exceed this estimated depth depending on actual conditions.

5.10.2.3. Carter Road Landfill PBR-121-29 (IL) (Option 2): This is a pre - Resource Conservation and Recovery Act inert landfill site. The contractor shall implement closure requirements for the landfill. Contractor shall develop an Erosion and Sediment Control Plan for the project during the implementation phase. The closure shall be completed with a full closure certification for submittal to the Georgia EPD. The closure plan shall be developed based on closure requirements of the Georgia Solid Waste Management Act. Final cover shall meet the closure standards for subtitle D landfills. The corrective action shall involve the contractor assuring cap material covering the landfill is a minimum of 24 inches. The closure shall be completed with a full closure certification for submittal to the Georgia EPD. The closure certification shall be prepared by a Professional Engineer (PE) licensed in Georgia.

Section D: Packaging and Marking

Section E: Inspection and Acceptance

52.236-5 Material and Workmanship (APR 1984)

52.246-12 Inspection of Construction. (Aug 1996)

Section F: Delivery & Performance

Performance Site:

United States Army - Fort Gordon

Fort Gordon, GA, 30905

52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

Alternate I (APR1984)

Section G Contract Administration Data:

Administration of this contract shall be performed by:

DJU6200008879 PAGE 12 OF 39

Kimberly Schwinn, Contracting Officer and Clara Roberts, Contractor, UNICOR

Telephone: 202-305-3730 / 850-524-0068

Facsimile: 352-330-8274 / 352-330-8100

E-mail: Kimberly.Schwinn2@usdoj.gov / clara.roberts@usdoj.gov

Address: Attn: Kimberly Schwinn, Contract Specialsit

400 First Street NW

8th Floor

Washington, DC 20534

Written communications shall make reference to the contract number and shall be mailed to the above address, or sent via Email to Kimberly.Schwinn2@usdoj.gov / Clara.roberts@usdoj.gov

Administrative Contracting Officer is Kimberly Schwinn.

The Contracting Officer (CO) has the overall and primary responsibility for the administration of this Contract. The

CO alone, without delegation, is authorized to take actions on behalf of the Government to: modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions involving deductions from contract payments or other consideration due to the Government, for nonperformance or unsatisfactory performance, whether or not in dispute; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

JAR 2852.201-70, CONTRACTING OFFICER'S REPRESENTATIVE

(a) TBD is hereby designated to act as Contracting Officer's Representative (COR) under Contract Number TBD.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

REQUIREMENTS FOR CORRECTION OF SUB-STANDARD PERFORMANCE

When any member of the Contract Administration Team (CO & COR) becomes aware of substandard performance in any area of the Contract, the Contractor will be given verbal and/or written notification, depending on the circumstances of the issue. The Contractor shall resolve the performance issues consistent with the requirements specified in the SOW and/or task order. For other types of deficiencies where the corrective actions are not specifically stated, the

Contractor shall submit a Plan of Action to correct the performance issue within ten (10) working days. If it is not corrected to the satisfaction of the Contract Administration Team member, the Contract Administration Team member shall annotate the performance files and include the observations in the Contractor Performance Report as appropriate.

52.236-7 Permits and Responsibilities (NOV 1991)

Section H Special Contract Requirements:

DJU6200008879 PAGE 13 OF 39

CONTRACT AWARD

The Government intends to award a Firm Fixed-Price Construction type contract as a result of this solicitation. Award will be made to the offeror, pursuant to an affirmative determination of responsibility, whose offer conforms to the terms of the solicitation, and is determined to be the lowest price, technically acceptable offer, based upon evaluation of the factors included in this solicitation.

WAGE DETERMINATION APPLICABLE TO THIS CONTRACT

The rates referred to in the Davis-Bacon Act for Heavy Construction, are included in the General Wage Determination issued by U.S. Department of Labor Employment Standards Administration Wage and Hour Division, General Decision

Number: GA20190078 01/04/2019.

Payment will be made to individuals used in the performance of this contract, the rates of wages contained therein.

The complete wage rate decision is incorporated as a part of this solicitation.

Submission and Payment of Invoices

Reference Standard Contract Clause entitled "Prompt Payment For Construction Contracts (FAR 52.232-27) of this solicitation. All invoices shall include the complete contract number and line item(s) billed. To avoid delay in payment, invoices shall be submitted in an original and one copy (if prepared by a copying process, one copy shall be marked "Original").

Pay Applications and Certified Payrolls shall be submitted to: UNICOR, Federal Prison Industries, ATTN: Kimberly

Schwinn, Contracting Officer, 400 First Street NW, Washington, DC 20534. Due to mail delays caused by security precautions, do not use U.S. Postal Service mail. Packages from any of the messenger services (FedEx, UPS, DHL, etc.)

are accepted at this address. The preferred method of invoice submission is electronically via email) to

Kimberly.schwinn2@USDOJ.GOV

Delay in contractor payment due to invoice submission to any address other than the physical or email address listed above shall be the fault of the contractor, and payment will be processed only upon receipt at the physical or email address noted above, and after approval by UNICOR's customer (Fort Gordon) and the project COR.

ALL INVOICES SHALL REFERENCE THE CONTRACT NUMBER.

All invoices must match the contract dollar amount and payments will only be processed upon approval by UNICOR's customer and project COR.

PREFERED METHOD: Submission of "Invoices by E-mail":

*******Payment Applications must be submitted using AIA Document G702. ********

Please submit 1 invoice to the each of following individuals at their business e-mail addresses listed below:

Kimberly.schwinn2@USDOJ.GOV

Clara.roberts@usdoj.gov

PROJECT MAGNITUDE

Pursuant to paragraph 36.204 of the Federal Acquisition Regulation, the estimated cost of this acquisition is between

DJU6200008879 PAGE 14 OF 39

$5,000,000 and $10,000,000.

BONDS

BID BOND

For offers in excess of $100,000, each offeror shall submit with his offer a Bid Bond (Standard Form 24) with good and sufficient surety or sureties acceptable to the Government, or other security as provided in paragraph entitled Bid

Guarantee in the form of twenty percent (20%) of the offer price, whichever is less. The bid bond penalty may be expressed in terms of percentages of the offer price or may be expressed in dollars and cents.

PERFORMANCE AND PAYMENT BONDS

If required, the bidder to whom award is made must furnish performance (Standard Form 25), and payment (Standard Form

25A) bonds within 10 calendar days of award. The bonds will be good and sufficient surety or sureties acceptable to the Government.

(a) PERFORMANCE BOND

When the contract price is in excess of $100,000, the penal sum of the performance bond shall be equal to one hundred percent (100%) of the contract price. The performance bond shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished.

(b) PAYMENT BOND

(1) Payment bonds are required for contracts in excess of $100,000.

(2) The penal amount of payment bonds shall equal one hundred percent of the contract price.

CONTRACTOR'S RESPONSIBILITY

CONTRACTOR'S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

Meetings:

- The Contractor shall coordinate and hold a project kick-off meeting with the CO, COR, client and any other applicable parties within 10 days after award.

- Existing Conditions Site Visit/ Construction Kickoff Meeting: Project Superintendent and Project Site Manager meet with CO, COR, client and any other applicable representatives on-site. The contractor shall submit a minimum of 10 pre-construction photos to the COR prior to mobilization. Photos shall be a minimum of 1,504 x 1000 pixel size.

Photos shall represent the undisturbed project site prior to any construction activity. Photos shall be accompanied by a site plan identifying locations and dates of the photos taken. Actual number of photos shall be as deemed necessary to provide adequate visual coverage of the work areas.

-Bi-weekly (once every two weeks) field report including ten (10) progress photos during weeks alternating with the project progress conference call below. Photos shall be taken from the same location on the site plan provided from the pre-construction photos.

- Construction Progress Telecoms: Biweekly telecoms with CO, COR, client and any other applicable parties to discuss

DJU6200008879 PAGE 15 OF 39

design issues and project progress as necessary. The Contractor shall provide call-in number, lead the discussion and provide minutes to all participants (electronic submission only); to include action items, two week look ahead, schedule, ten (10) progress photos, RFI log, submittal log, items for clarification and information requests within three business days of the biweekly status calls.

PART II

Section I Clauses:

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-7 Anti-Kickback Procedures (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for illegal or Improper Activity (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

252.203-7003, Agency Office of the Inspector General

52.203-14 Display of Hotline Poster(s) (OCT 2015)

252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to inform Employees of Whistleblower Rights (APR

2014)

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

52.204-2 Security Requirements (AUG 1996) Alternate II

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards (OCT 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (DEC

2006)

DJU6200008879 PAGE 16 OF 39

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013)

52.209-10 Protection on Contracting with Inverted Domestic Corporations (NOV 2015)

52.210-1 Market Research (APR 2011)

52.211-10 Commencement, Prosecution, and Completion of Work.(Apr 1984)

52.215-8 Order of Precedence-Uniform Contract Format. (Oct 1997)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.219-8 Utilization of Small Business Concerns. (Nov 2016)

52.219-14 Limitations on Subcontracting. (Jan 2017)

52.219-28 Post-Award Small Business Program Representation. (Jul 2013)

52.222-3 Convict Labor. (June 2003)

52.222-6 Construction Wage Rate Requirements (MAY 2014)

52.222-7 Withholding of Funds. (MAY 2014)

52.222-8 Payrolls and Basic Records. (MAY 2014)

52.222-9 Apprentices and Trainees. (July 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 Davis-Bacon and Related Act Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (Feb 1988)

52.222-15 Certification of Eligibility. (MAY 2014)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (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)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

(i) Work is performed outside the United States by employees recruited outside the United States

DJU6200008879 PAGE 17 OF 39

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.

Such necessary changes in anguage may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

52.222-37 Employment Reports on Veterans. (FEB 2016)

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

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.(Sept 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997)

Alternate I (July 1995).

52.223-5 Pollution Prevention and Right-to-Know Information. (May 2011)

52.223-6 Drug-Free Workplace. (May 2001)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (Jun 2016)

52.223-15 Energy Efficiency in Energy-Consuming Products. (Dec 2007)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (May 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.223-19 Compliance with Environmental Management Systems. (May 2011)

52.223-20 Aerosols (Jun 2016)

52.223-21 Foams (Jun 2016)

52.224-1 Privacy Act Notification. (Apr 1984)

DJU6200008879 PAGE 18 OF 39

52.224-2 Privacy Act. (Apr 1984)

52.225-9 Buy American-Construction Materials (May 2014)

(a) Definitions. As used in this clause-

"Commercially available off-the-shelf (COTS) item"-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means an article, material, or supply incorporated directly into a construction material.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

"Cost of components" means-

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

"Domestic construction material" means-

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of…

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