R15PS00154_Amendment_002.pdf

(x)

R15PS00154

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Boise ID 83706-1234 1150 N. Curtis Road, Ste. 100

R10

Acquisition Management Division Regional Office Pacific Northwest Region Bureau of Reclamation

04/10/2015000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/13/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Palisades Power Line Reroute, Palisades Project, Idaho

Amendment instructions and revised pages are attached.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Susan E. Kramer

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation No.R15PS00154 Palisades Power Line Reroute

Amendment 002

A. The time and date for receipt of proposals REMAINS 3:00 p.m., local time, April 23, 2015.

B. Acknowledgment: See block 11 above regarding how to acknowledge this amendment. The acknowledgment must be received at the place designated for receipt of offers (see block 8 of "Solicitation, Offer and Award” Standard Form 1442).

C. Offer Modification: See block 11 above if you have submitted your offer and now desire to modify or withdraw it.

D. Third Party: If you have given your copy of the solicitation to someone else, please forward this amendment accordingly.

E. NOTE: The following changes are hereby incorporated into the solicitation. Single-sided replacement pages are provided following this Standard Form 30 and changes are shown with left side bar, shaded, or colored text.

F. A list of individuals who attended the April 2, 2015, site visit is attached.

G. In Table of Contents, the following pages are deleted and the attached revised pages are substituted therefore:

Remove Pages Insert Revised Pages v thru ix v thru ix

H. In Section C, Description/Specifications/Statement of Work, the following pages are deleted and the attached revised pages are substituted therefore:

Remove Pages Insert Revised Pages 01 33 00–10 and 01 33 00-11 01 33 00–10 and 01 33 00-11

DIVISIONS 04 THROUGH 25 – NOT USED DIVISIONS 4 THROUGH 9 – NOT USED

Add page DIVISION 10 – SPECIALTIES Add pages 10 75 00–1 thru 10 75 00-8 Add page DIVISIONS 11 THROUGH 25 – NOT USED

I. In Section I, Contract Clauses, the following pages are deleted and the attached revised pages are substituted therefore:

Remove Page Insert Revised Pages I-51 thru I-53 I-51 thru I-53 Add pages I-53a thru I-53e I-125 and I-126 I-125 and I-126 I-134 I-134 Add page I-135

J. In Section K, Representations, Certifications, and Other Statements of Offerors or Respondents, the following page is deleted and the attached revised page is substituted therefore:

Remove Page Insert Revised Page K-6 K-6

Attachments

Solicitation No. R15PS00154

Amendment No. 002

(Revised)

01 33 00 - 10

Table 01 33 00A - List of Submittals

* Submittal types: A - Approval, I - Information.

** CO indicates Contracting Officer and COR indicates Program Manager, Construction Engineering Group.

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Type

Respon-sible code

No. of sets to be sent to:

CO COR

01 78 30-1 Project Record Documents

Final As-built drawings

Within 14 days of completion of work

I COR 0 3

10 75 00-1 Fiberglass Pole Approval Data At least 14 days before installation of the fiberglass pole

A COR 0 3

03 30 00-1 Cast-In-Place Concrete

Material Approval Data

At least 28 days before placement of concrete

A COR 0 3

03 30 00-2 Cast-In-Place Concrete

Mix Design At least 28 days before placement of concrete

A COR 0 3

03 30 00-3 Cast-In-Place Concrete

Certifications and Test Reports

At least 28 days before placement of concrete

I COR 0 1

03 81 12-1 Concrete and Asphalt removal

Removal Plan At least 28 days before commencing on site construction work

I COR 0 1

26 05 10-1 Conductors and Cables

Approval Data At least 28 days before commencing on site construction work

I COR 0 1

26 05 10-2 Conductors and Cables

Test Reports Within 14 days of completion of work

I COR 0 1

26 05 20-1 Grounding and Bonding

As-built drawings Within 14 days of completion of work

I COR 0 1

26 05 20-2 Grounding and Bonding

Approval data At least 28 days before commencing on site construction work

I COR 0 1

26 05 20-3 Grounding and Bonding

PE conduit installer certification

At least 28 days before commencing on site construction work

I COR 0 1

26 05 33-1 Electrical Conduit

As-built drawings Within 14 days of completion of work

I COR 0 1

26 05 33-2 Electrical Conduit

Approval data At least 28 days before commencing on site construction work

I COR 0 1

31 63 00-1 Directional Drilling

Work plan At least 28 days before commencing on site construction work

I COR 0 1

31 63 00-2 Directional Drilling

Equipment At least 28 days before commencing on site construction work

I COR 0 1

(Revised)

01 33 00 - 11

Table 01 33 00A - List of Submittals

* Submittal types: A - Approval, I - Information.

** CO indicates Contracting Officer and COR indicates Program Manager, Construction Engineering Group.

RSN

Clause or

Section Title

Submittals required Due date or delivery time

Type

Respon-sible code

No. of sets to be sent to:

CO COR

31 63 00-3 Directional Drilling

Hydraulic system (if needed)

At least 28 days before commencing on site construction work

A COR 0 3

31 63 00-4 Directional Drilling

Muck removal At least 28 days before commencing on site construction work

I COR 0 1

31 63 00-5 Directional Drilling

Contingency Plans At least 28 days before commencing on site construction work

I COR 0 1

31 63 00-6 Directional Drilling

Directional Drilling Data

Daily I COR 0 1

31 63 00-7 Directional Drilling

Alignment and Grade Daily Records I COR 0 1

31 63 00-8 Directional Drilling

Drilling Fluid Plan At least 28 days before commencing on site construction work

A COR 0 3

31 63 00-9 Directional Drilling

Initial site survey video and photos

Within 10 days of conducting survey

I COR 0 1

END OF SECTION

DIVISIONS 4 THROUGH 9 - NOT USED

DIVISION 10 - SPECIALTIES

cgouker Typewritten Text Amendment No. 002 cgouker Typewritten Text

Fiberglass Pole

10 75 00 - 1

SECTION 10 75 00

FIBERGLASS POLE

PART 1 GENERAL

1.01 GENERAL

A. Provide all labor, equipment, and material required to install a 50-foot fiberglass pole and for the mounting of the existing security camera on the new fiberglass pole.

1. Camera mounting includes installation of all necessary cable, cable connections, conduit, and hardware as required for a complete and functional installation.

B. The composite poles supplied under this specification shall present the most aesthetically pleasing appearance possible consistent with strength, cost and serviceability requirements. In general, the poles shall be circular in cross section.

1.02 PAYMENT

A. Payment: Lump sum price offered in the schedule.

1.03 REFERENCES

1. Bureau of Reclamation (USBR)

a. RSHS – 2009 Reclamation Safety and Health Standards.

1.04 SUBMITTALS

A. Submit the following in accordance with Section 01 33 00 - Submittals.

1. RSN 10 75 00-1, Approval Data:

a. Manufacturer’s data

1.05 DEFINITIONS

A. Engineer: Entity responsible for engineering and procurement services and/or duly authorized representatives.

B. NESC: National Electrical Safety Code, C2-2012 (or Latest Edition), Institute of Electrical and Electronics Engineers, Inc.

C. Grade of Construction: Grade of construction for supporting structures as referenced in Section 24 of the NESC, with Grade B being the highest grade.

D. Manufacturer: Company manufacturing the composite utility poles.

10 75 00 - 2

E. Owner/Purchaser: Entity retaining final ownership of the product.

PART 2 PRODUCTS

2.01 DESIGN

A. The design, materials, fabrication, inspection procedures, shipping and assembly procedures for the composite poles shall generally conform to latest best engineering practices. ASCE Manual No. 104, “Recommended Practice for Fiber-Reinforced Polymer Products for Overhead Utility Line Structures” may also be used as a general reference guide where appropriate.

B. The composite poles shall present the most pleasing appearance possible consistent with the strength, cost and serviceability requirements. The composite poles shall be symmetrical about the transverse and longitudinal axes, and any tapered filament-wound composite poles shall have a gradual and relatively constant taper rate from top to bottom.

C. The Manufacturer certifies that the composite poles meet or exceed the loading or other requirements as specified by the Engineer, in accordance with the applicable provisions of the referenced NESC, ANSI/TIA/EIA or other relevant standards, and as verified by design calculations and/or full-scale testing. Design calculations are considered proprietary and are retained by the Manufacturer but may be provided to the Engineer upon request and subsequent approval by the Manufacturer.

D. Standard class direct-buried composite poles 40 ft. [12.19 m] and longer are typically embedded to a depth of 10% of total pole length plus 2 ft. [0.61 m]. Standard class direct-buried composite poles less than 40 ft. [12.19 m] in length are typically embedded to a depth of 10% of total pole length plus 2.5 ft. [0.76 m]. The Engineer has the option to vary the embedment depth based upon varying soil or other foundation conditions.

E. “Pole Class Equivalent” Composite Poles for Utility Applications (cont.)

The following chart details wood pole class loads and the “equivalent” composite pole horizontal design loads for various pole classes:

10 75 00 - 3

F. The composite poles shall be single-piece or modular. For modular poles, adjacent sections shall be joined by means of slip joints. After assembly, slip joints shall be secured using appropriate hardware. For modular poles, same sized modules will have the ability to be doubled or tripled stacked where required to create a reinforced pole.

G. All direct-buried composite poles shall be equipped with a base plate.

2.02 MATERIAL

A. Resin Binders:

1. Only thermoset resin binders shall be used in the manufacture of the composite poles. The only acceptable binder is polyurethane resin. Thermoplastic resin binders, polyester resins and vinyl-ester resins are not acceptable for use in the composite poles.

B. Fiber Reinforcement:

1. The fiber reinforcement used in the manufacture of the composite poles shall be “E-Glass” with acceptable forms being continuous strand and/or fabric.

C. Manufacturing:

1. Material substitutions or deviations from the approved drawings shall not be made without prior written approval by the Engineer/Owner.

D. Acceptable Manufacturing Methods:

1. The composite poles may be produced by filament winding or pultrusion methods as appropriate. If the poles are manufactured using filament winding, the wind schedule will include both circumferential and axial fiber placement in the pole wall laminate.

E. Holes for Hardware Attachment or Climbing Steps:

10 75 00 - 4

1. When required and specified, drilling of holes shall be done in such a manner as to produce cylindrical holes perpendicular to the plane of the pole. The holes shall be circular and shall not vary in diameter by more than 1/16 in. [2 mm].

2. Drilling requirements for crossarms, climbing steps and other attachments shall be listed and included in a drawing in Appendix B, or otherwise provided by the Engineer/Owner.

2.03 MARKING

A. Each composite pole section shall be identified with pertinent information including module number, production serial number and module weight. When a series of modular pole sections is being supplied to meet a specific pole length and class requirement, an aluminum I.D. tag shall also be provided for the complete pole that may include, but not be limited, to the following information: Manufacturer, length, class and month/year of manufacture. Additional information may be included on the I.D. tag, as mutually agreed by both the Engineer and the Manufacturer prior to fabrication. The I.D. tag is to be located at a minimum height of 3 ft. [0.91 m] above ground line.

2.04 SPECIAL PROVISIONS

A. Top Caps and Base Plates:

1. The composite poles shall be furnished with top caps and base plates. Base plates shall be provided with drainage holes.

B. Climbing Provisions:

1. When required, climbing provisions shall generally consist of the following:

a. Holes for Climbing Steps:

1) For all composite poles requiring climbing steps, 1-1/8 in. [29 mm] maximum diameter holes shall be provided on the appropriate longitudinal faces specified by the Engineer. Unless otherwise specified, holes shall start at approximately 15 inches above the groundline and end approximately 4 ft. [1.22 m] from the pole top.

The vertical spacing of holes for climbing steps shall be 15 in. [381 mm].

b. Holes for Work Steps:

1) For ease of workability at strategic locations on the pole, 1-1/8 in.

[29 mm] maximum diameter holes for four steps 90° apart may also be provided at the desired height(s) (i.e., at approximately 6 ft.

[1.83 m] from the pole top).

c. Climbing Steps:

10 75 00 - 5

1) Where required, climbing steps shall be “Senior Industries SI- 0040”, or other approved equivalent steps. Climbing Steps will be removeable.

2. Per Section 16 of RSHS, 16.1.8 - positioning device systems include equipment or hardware that, when used with its body belt or body harness, supports an employee on an elevated vertical surface (such as a wall or a rebar mat) and allows both hands freedom of movement. Positioning device systems also include devices attached between the employee and an anchorage to prevent an accidental fall from an elevated surface.

a. Performance Criteria. Positioning device systems must withstand, without failure, a 4-ft (1.22-m) drop of a 250-lb (113 kilogram [kg]) weight.

b. Performance Test. Positioning device systems comply with these requirements if they meet the test contained in 29 Code of Federal Regulations [CFR] 1926, subpart M, appendix D. Restraint line systems must be designed to meet the same test requirements as other positioning device systems.

PART 3 EXECUTION

3.01 UV PROTECTION

A. General:

1. The composite poles shall be manufactured with the best available protection against UV degradation. The use of UV-stable “aliphatic” resins with pigment additives is the preferred protection method. Resins enriched with UV inhibitors and UV stable color pigment additives are also acceptable. The use of standard paint or coatings for UV protection is not acceptable.

B. UV and Weathering Testing:

1. The UV and weathering resistance of the composite poles shall be verified through ongoing accelerated aging tests in accordance with the procedures detailed in ASTM G154 for UV exposure (“h” and lamp setting of 0.89 W/nm).

Coupon samples, representative of the composite poles shall be exposed continuously to the UV portion of sunlight, moisture and heat for a minimum of 14,000 hours. At the prescribed hourly intervals indicated in ASTM G154, a visual inspection report shall be completed and the composite pole coupons shall be visually inspected for chalking, flaking, blistering, cracking and checking.

Upon completion of the visual inspection, the same coupons will be subjected to testing to check for changes in mechanical properties.

10 75 00 - 6

3.02 PHYSICAL TESTING

A. Bending/Flex Test:

1. Full-scale bending/flex tests shall be conducted on representative composite pole samples in accordance with a modified ASTM D1036 test procedure. Each pole shall be tested in a horizontal cantilevered position, with the butt end of the pole secured inside a rigid test frame. Loading shall then be applied at 2 ft. [0.61 m] below the pole top, with load and deflection measured and recorded as the load is increased at a constant rate up to a pre-determined proof load, or to ultimate load, as appropriate.

B. Combined Load Tests:

1. Full-scale combined load tests shall be conducted on representative composite pole samples to simulate the effects of combined vertical loads and horizontal loads. Each pole shall be tested in an upright or vertical position, with vertical loads applied on either end of a crossarm attached at 2 ft. [0.61 m] below the pole top and with horizontal loads also applied at 2 ft. [0.61 m] from the pole top.

C. Other Tests:

1. Other tests may also be conducted as agreed between the Engineer/Owner and the Manufacturer.

3.03 INSTALLATION

A. Install per manufacturer’s recommendations.

3.04 GUARANTEE AND WARRANTY

A. Guarantee:

1. Provided they have been selected, assembled and installed in strict adherence to the manufacturer’s procedures and engineering specifications, the composite poles themselves shall be protected by a lifetime performance guarantee that covers pole failure as a result of:

a. The physical load of ice and/or snow on an electrical conductor line, the composite pole itself and/or an attachment;.

b. The direct force of wind from storms, tornadoes, hurricanes or blizzards that has brought down an electrical conductor line and thereby caused the failure of a composite pole; or

c. A lightning strike on an electrical conductor line, the composite pole itself and/or an attachment.

10 75 00 - 7

2. For further clarity, the guarantee does not apply where a composite pole has failed as a result of the direct impact of any object whose movement or flight has been caused by an external force.

B. Warranty:

1. Provided they have been selected, assembled and installed in strict adherence to the manufacturer’s procedures and engineering specifications, the composite poles themselves shall be covered by a minimum 40-year warranty against manufacturing defects.

3.05 QUALITY ASSURANCE AND CONTROL

A. Quality Assurance:

1. The Manufacturer shall conform to ISO 9001:2008, a recognized Quality Assurance program.

2. The Manufacturer shall afford the Owner/Purchaser’s representatives reasonable opportunity, without charge, to allow them to verify that the finished products and materials being furnished are in accordance with the requirements in this specification.

B. Quality Control:

1. Visual Inspection

a. Each component of the composite poles shall be inspected for conformance to the manufacturing drawings and drill patterns. The inspection shall include, but not be limited to:

a. Dimensional checks to verify manufacturing tolerances are being met.

b. Verification that drilled holes do not have ragged or torn edges;

and

c. Aesthetic appearance such as color consistency and surface roughness.

2. Tip and Butt Diameters of Modular Composite Pole Sections

a. To ensure proper slip-joint overlaps are achieved when assembling modular composite poles, the following dimensions shall be checked and verified and the modular sections rejected if the dimensions are outside of acceptable tolerances:

a. External diameter at tip of modular section.

b. Internal diameter at butt of modular section

3. Rejection of Material

10 75 00 - 8

a. Issues relating to any material delivered under this specification, which as mutually agreed by the Manufacturer and the Owner/Purchaser does not meet the requirements set forth herein with regard to material, fabrication, shipment or delivery, shall be resolved in a manner satisfactory to both parties and consistent with the specifications.

C. Packing, Shipping, and Delivery

1. Reasonable care shall be taken to avoid damage to the composite poles during handling and transportation.

2. The Manufacturer shall take all reasonable steps to ensure that the composite poles covered by this specification shall be delivered to the Owner/Purchaser’s designated storage facility during the period stated in the Bidder’s Proposal, or as previously agreed and detailed in the Purchase Order.

3. The Engineer and/or Owner/Purchaser shall be advised immediately of any change in the delivery schedule of the structures.

END OF SECTION

DIVISIONS 11 THROUGH 25 - NOT USED

I-51 (Revised)

Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.48. 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercially available off-the-shelf (COTS) item” means--

(1) 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

I-52 (Revised)

(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.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced Labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced y force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

I-53 (Revised)

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment—

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S.

Government contract or subcontract (for portions of contracts performed outside the United States); or

I-53a (Revised)

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States);

except that—

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is—

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

I-53b (Revised)

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C.

1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1)Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

I-53c (Revised)

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum —

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from:

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

I-53d (Revised)

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government’s policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.

Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

http://www.state.gov/j/tip/ mailto:help@befree.org

I-53e (Revised)

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

I-125 (Revised) that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart 44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: NONE

I.108. 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2015)

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

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212(a));

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212)

(viii)52.244-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

I-126 (Revised)

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

7104(g)).

(ix)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(x) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

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

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

**NOTE: The Contracting Officer has determined that no subcontract placed under this contract which will require work to be accomplished on-site by laborers or mechanics (as defined by FAR Part 22.4) qualifies as a subcontract for commercial items or commercial components.

I.109. 52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2010) - ALTERNATE I

(APR 1984)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in accordance with paragraph (f) below.

(b) Definitions. "Collateral costs," as used in this clause, means agency costs of operation, maintenance, logistic support, or Government-furnished property.

"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.

"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the

I-134 (Revised)

(c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

I.112. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.113. 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

I.114. 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (MAR 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

I-135 (Revised)

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

Amendment 002

K-6 (Revised)

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database viahttps://www.acquisition.gov (see 52.204-7).

K.3. 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(FEB 2015) - DEVIATION

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or…