Solicitation.pdf

COE GAVINS POINT PRJT OFC TECH SPT

JIM SHOEMAKER

USAED, OMAHACENWO-OD-GP-T

55245 HIGHWAY 121

CROFTON NE 68730

TEL: 402-667-2565 FAX:

W59XQG02485775

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9128F20Q0094 15-Sep-2020 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

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

Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

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

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

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

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

TELEPHONE NO.

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

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

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

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

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

REQUEST NO.

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

23-Sep-2020(Date)

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

402-995-2589TIMOTHY B BOYTE

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

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

W9128F20Q0094

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each Installation of Overhead Doors

FFP

Installation of Overhead Doors (insulated). See attached scope for specifications.

FOB: Destination

MILSTRIP: W59XQG02485775

PURCHASE REQUEST NUMBER: W59XQG02485775

PSC CD: Y1AZ

NET AMT

Section Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

Section Deliveries and Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-JUN-2021 3 COE GAVINS POINT PRJT OFC TECH SPT

JIM SHOEMAKER

USAED, OMAHACENWO-OD-GP-T

55245 HIGHWAY 121

CROFTON NE 68730

402-667-2565 FOB: Destination

968813

0002 30-JUN-2021 3 (SAME AS PREVIOUS LOCATION)

0003 30-JUN-2021 19 (SAME AS PREVIOUS LOCATION)

0004 30-JUN-2021 20 (SAME AS PREVIOUS LOCATION)

0005 30-JUN-2021 1,320 (SAME AS PREVIOUS LOCATION)

Section Contract Administration Data

Section 00 00 00 - Procurement and Contracting Requirements

SCOPE OF WORK

Outside Maintenance Overhead Doors and Concrete Driveways Gavins Point Project

SCOPE OF WORK

Contractor shall provide all equipment, labor, materials, and disposal required to construct framed openings and install six (6) new commercial overhead doors, thirty-nine (39) protective bollards, and four (4) concrete driveways.

This work is located at the Gavins Point Project Outside Maintenance Yard.

Contractor shall cut and remove specified sized areas from the existing buildings’ envelopes (see Sheet 102 thru 105). Doors shall be sized to ensure a weather tight fit. New frames shall be finished to match existing openings (steel for buildings 1 and 2, aluminum for buildings 5 and 6). Three doors (buildings 1 and 2) are required to be insulated and three doors (buildings 5 and 6) uninsulated. All doors shall come with new tracks and electric openers. Concrete driveways are to be six (6) inches in depth rebar reinforced with three (3) inches of compacted gravel cushion. Additional details follow.

INSULATED DOORS

The new insulated sectional commercial overhead doors are required to be steel-skinned front and back, with a minimum R-15 value. One panel for each door shall contain windows. The windowed panel is to be installed at eye level. Doors shall include weatherstripping and shall be sized to ensure adequate frame overlap for a weather-tight fit. Color is to be white. Each door requires new tracks, an electric opener, a three-button station, and obstruction sensors. The electric openers for the insulated doors shall be 115V ceiling mounted trolley operators (minimum 1/2 HP) rated to handle at least 12-15 cycles per hour. The three-button stations shall contain Open, Close, and Stop functions. Stations are to be wired and wall-mounted adjacent to the side of the door nearest the personnel doors.

All wiring for the three-button stations and the obstruction sensors that is not low voltage (50V or less) shall be run through Electrical Metallic Tubing (EMT). All wiring, low voltage or otherwise shall meet NEC requirements.

Final installation of overhead doors shall be inspected and test operated prior to acceptance.

UNINSULATED DOORS

The new uninsulated sectional commercial overhead doors are required to be steel with a ribbed exterior. Doors shall include weatherstripping and shall be sized to ensure adequate frame overlap for a weather-tight fit. Color is to be white. Each door requires new tracks, an electric opener, a three-button station, and obstruction sensors. The electric openers for the uninsulated doors shall be 115V ceiling mounted trolley operators (minimum 1/2 HP) rated to handle at least 12-15 cycles per hour. The three-button stations shall contain Open, Close, and Stop functions.

Stations are to be wired and wall-mounted adjacent to the side of the door nearest the personnel doors. All wiring for the three-button stations and the obstruction sensors that is not low voltage (50V or less) is required to be run through Electrical Metallic Tubing (EMT). All wiring, low voltage or otherwise shall meet NEC requirements.

Final installation of overhead doors shall be inspected and test operated prior to acceptance.

NEW DOOR OPENINGS

Building 1: Sheet 102 Expand the current East opening 4 feet to the north to create an opening that is 16’W by 14’H. The existing walls of bldg 1 are full-height concrete masonry units (CMU) construction. The door expansion can be framed from contractor CMU cuts and the existing concrete beam. Trim and color shall match the current steel trim.

Building 2: Sheet 103 Create a new 12’W by 12’H opening on NE end of the building. The opening should be roughly centered between the existing door and the wall. Install new 12’W x 12’H insulated overhead door. Exact location to be determined onsite by USACE representatives. Install a 20’W by 20’L concrete pad that ties in to existing concrete pad. Install interior and exterior bollards.

Create a new 14'W by 12'H opening on SW end of the building. The opening should be roughly centered between the existing door and the wall. Install new 14’W x 12’H insulated overhead door. Exact location to be determined onsite by USACE representatives. Install a 16’W by 20’L concrete pad. Install interior and exterior bollards.

Existing walls are of CMU construction for the first 4 feet in height with the remaining height composed of insulated steel. Framing material for the new doors can be at the contractor’s discretion, any wood frames require pressure treated lumber. The frame will be required to be properly insulated and tied into the structural steel members of the building. Trim and color shall match the current steel trim.

Building 5: Sheet 104 Create a new 14'W by 14'H opening on SW end of the building. Work activities will include the removal of two 5” by 6” wooden columns and the addition of one 6” by 6” wooden column. The existing cross bracing shall be trimmed back to the new opening. The new support column shall be installed prior to the removal of the old columns. The new column is required to be a 6” by 6” structural green pressure treated timber that is 20’ long. Four feet shall be below grade encased in a 12” diameter concrete footing with an anchor plate at the surface. Exact location to be determined onsite by USACE representatives. The old columns are to be cut at the surface with USACE taking possession once removed. Remaining wood in the old footings is to be sufficiently excavated to allow a flush non-shrink grout finish. The new column, old column, and existing header can be utilized for the new door opening framing. All trim shall match the existing aluminum trim on the building. Trim color to be white.

Install new 14'W by 14'H uninsulated overhead door. Install a 16’W by 20’L concrete pad in front of new door.

Install interior and exterior bollards.

Building 6: Sheet No. 105 Create a new 14'W by 14'H opening on SW end of the building. Work activities will include the removal of two 5” by 6” wooden columns and the addition of one 6” by 6” wooden column. The existing cross bracing shall be trimmed back to the new opening. The new support column shall be installed prior to the removal of the old columns. The new column is required to be a 6” by 6” structural green pressure treated timber that is 20’ long. Four feet shall be below grade encased in a 12” diameter concrete footing with an anchor plate at the surface. Exact location to be determined onsite by USACE representatives.

The old columns are to be cut at the surface with USACE taking possession once removed. Remaining wood in the old footings is to be sufficiently excavated to allow a flush non-shrink grout finish. The new column, old column, and existing header can be utilized for the new door opening framing. All trim shall match the existing aluminum trim on the building. Trim color to be white. Install new 14'W by 14'H uninsulated overhead door with a 16’W by 20’L concrete pad.

Create a new 14'W by 14'H opening on SE end of the building. Work activities will include the removal of two 5” by 6” wooden columns and the addition of one 6” by 6” wooden column. The existing cross bracing shall be trimmed back to the new opening. The new support column shall be installed prior to the removal of the old columns. The new column is required to be a 6” by 6” structural green pressure treated timber that is 20’ long. Four feet shall be below grade encased in a 12” diameter concrete footing with an anchor plate at the surface. Exact location to be determined onsite by USACE representatives during construction. The old columns are to be cut at the surface with USACE taking possession once removed. Remaining wood in the old footings is to be sufficiently excavated to allow a flush non-shrink grout finish. The new column, old column, and existing header can be utilized for the new door opening framing. All trim shall match the existing aluminum trim on the building. Trim color to be white.

EXTERIOR BOLLARDS

Contractor to install 19 exterior bollards. Exterior bollards shall be 6 inches in diameter and ¼” thick steel encased poured-in-place concrete bollards. A minimum of 36 inches is to be above the driveway surfaces with an additional 42 inches extending below grade. Reference Sheet 101 for bollard specs and approximate locations. Exact locations to be determined onsite by USACE representatives.

There are 3 locations where exterior bollards are required to be installed inside existing pavement footprints. In those instances, the contractor is required to cut a 16” x 16” square out of the existing pavement for proper installation space. One location will require the new concrete to be tied in with #5 rebar to the existing concrete (see Sheet 101, Detail 2). Two locations will require the placement two bollards into existing asphalt pavement. Cut 16” x 16” square out of the existing Asphalt and pour concrete back after installation of bollard to a minimum of 4”.

Rebar is to be installed per Sheet 101, Detail 3. The removal of the 1 exterior bollard on Building 1 shall be cut flush with the existing concrete pad.

INTERIOR BOLLARDS

Contractor to install 20 interior bollards. Bollards shall be 6 inches in diameter steel and a minimum of 36 inches in height. Wall thickness shall be a minimum of ½”. They shall be surface mounted with concrete anchors. The mounting plate is to have a minimum of 4 anchor points. See Sheet 101 Detail 1 for bollard specs. Exact locations to be determined onsite by USACE representatives.

CONCRETE DRIVEWAYS

Concrete work will consist of placing 4000 psi concrete driveways for the new overhead doors. There is one driveway that will have to be tied into an adjoining driveway (see Sheet 101 – Detail 5). The concrete driveways shall match the existing slope of adjacent concrete and hard pack. Contractor shall excavate and stockpile existing material to allow for a 3-inch gravel cushion layer and a 6-inch thick concrete pad. The concrete is required to contain #5 rebar placed at mid-depth and evenly spaced at 2’ on center, see Sheet 101 Detail 4. Outer rebar will be 3” off the concrete edge. Install ¾” expansion joints against existing building foundations and the new bollards see Sheet 101 – Detail 1.

Building 2 – East pad shall be tied and epoxied into existing concrete. 6” of embedment into each concrete slab with #5 rebar see Sheet 101 Detail 5. Control joints are to be sawcut 1½” deep. 1 vertical and 1 horizontal saw cut centered in each slab. Concrete to have a medium broom finish.

All concrete should meet SDDOT Standard Specifications for Roads and Bridges 2015 edition, Section 462 Concrete for Incidental Construction - Class M6 standards (see page 333).

All Gravel Cushion should meet SDDOT Standard Specifications for Roads and Bridges 2015 edition, Section 882, Table 1 Gravel Cushion spec (see page 547).

WORK SEQUENCING

To minimize exposure and to allow efficient government use, the contractor shall complete all overhead doors for individual buildings before moving on to the next. After demolition for new openings, temporary weather protection shall be installed until new door panels are in place. All other work will not be required to be accomplished per building and can be placed simultaneously.

ENVIRONMENTAL PROTECTION

In order to prevent, and to provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his sub-contractors shall comply with all applicable federal, state and local laws and regulations concerning environmental pollution control and abatement.

*Notification: The Contracting Officer will notify the Contractor in writing of any noncompliance with the aforementioned federal, state or local laws or regulations. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed enough for the purpose. The Contractor shall, after receipt of such notice, immediately inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make the subject of a claim for extension of time or no part of the time lost due to any such stop orders for excess costs or damages.

SAFETY REQUIREMENTS

The Contractor shall ensure that safe working practices are utilized and that all equipment meets the requirements of the US Army Corps of Engineers, "Safety and Health Requirements Manual", EM 385 1 1, 30 November 2014, before work begins. A copy of the above manual is available at the Gavins Point Dam Project Office, 55245 Highway 121, Crofton, NE.

a. Ground Fault Circuit Interrupters: In addition to the requirements of paragraph 11.C.05 of EM 385 1 1, ground fault circuit interrupters are required for all extension cord systems.

b. First Aid and Medical: First aid facilities shall be made available on the job site. Arrangements for emergency medical attention shall be made prior to start of work. All emergency numbers (doctor, hospital, ambulance, fire department) shall be posted, or made available at the work site.

UTILITIES AND RESTROOMS

Water and power are available. The contractor shall be responsible for any connections, cords, hoses, etc that are needed. For other than water and power, the contractor shall make his own arrangements for use of public and private utilities. Bathrooms are not available and the contractor will be required to provide their own facilities.

HOUSEKEEPING

Daily cleanup of all debris and waste materials is required. Adequate disposal containers shall be placed strategically around the site and debris shall be removed on a regular basis. Placement of disposal containers shall be coordinated through the Contracting Officer’s Representative (COR) or designated government representative.

PROTECTION OF EXISTING FACILITIES

Contractor shall be responsible for protection of all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract.

WORK AND MATERIALS GUARANTEE

The Contractor will guarantee materials and workmanship for one year from the date the Government takes ownership. Any additional manufacturers equipment warranties for doors, door openers, etc shall be listed and submitted to the Government.

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

Contractor shall start coordination and submittal actions within 10 calendar days from notice to proceed. All work shall be complete and ready for use no later than 270 calendar days from notice to proceed. This includes final clean up.

SUBMITTALS

Data Sheets for the following items are to be submitted to the government for approval prior to contractor procurement:

-Doors with sizing data -Door Openers including 3 button station and sensors -Exterior Bollards -Interior Bollards with proposed anchoring data -Gravel Cushion Material -Concrete Mix -Expansion Joints -#5 Rebar with chairs -Treated Lumber for columns and frames -Electrical Metallic Tubing (if needed)

BIDDING SCHEDULE

BIDDING SCHEDULE

Gavins Point Project

Yankton , SD OM Overhead Doors and Concrete Driveways

Item No. Description Quantity Unit Amount

0001 Installation of overhead doors (insulated) 3 EA $ ______

0002 Installation of overhead doors (uninsulated) 3 EA $ ______

0003 Installation of Bollards (Exterior) 19 EA $ _______

0004 Installation of Bollards (Interior) 20 EA $ _______

0005 6” Reinforced Concrete (w/gravel cushion) 1320 SF $ _______

TOTAL = $ __________

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

0002 3 Each Installation of Overhead Doors

FFP

Installation of Overhead Doors (Uninsulated). See attached scope for specifications.

FOB: Destination

MILSTRIP: W59XQG02485775

0003 19 Each Installation of Bollards (Exterior)

FFP

Installation of Bollards (Exterior). See attached scope for specifications.

FOB: Destination

0004 20 Each Installation of Bollards (Interior)

FFP

Installation of Bollards (Interior). See attached scope for specifications.

FOB: Destination

0005 1,320 Square

Foot

6” Reinforced Concrete

FFP

6” Reinforced Concrete (w/gravel cushion). See attached scope for specifications.

FOB: Destination

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY FULL TEXT

Antiterrorism (AT)/Operations Security (OPSEC) Provisions

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

2b. For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

15. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.213-3 Notice to Suppliers APR 1984 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

MAY 2014

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

Construction

APR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

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

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-2 Additional Bond Security OCT 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-7 Permits and Responsibilities NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.246-21 Warranty of Construction MAR 1994 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 June 2021.

(End of clause)

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

ITEMS) (AUG 2020)

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

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

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

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

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

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

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

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2020).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

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

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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--

(1) 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

(2) 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 all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment and Performance Bonds

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

Section 00 72 00 - General Conditions

WAGE DETERMINATION

"General Decision Number: NE20200046 07/24/2020

Superseded General Decision Number: NE20190046

State: Nebraska

Construction Type: Heavy

Counties: Boyd, Brown, Burt, Cedar, Colfax, Cuming, Holt, Keya Paha, Knox, Madison, Pierce, Platte, Rock, Stanton and Wayne Counties in Nebraska.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/03/2020 1 05/01/2020 2 06/05/2020 3 07/24/2020

* ELEC0022-022 06/01/2020

Burt, Cass, Colfax, Cuming, Madison, and Platte Counties

Rates Fringes

ELECTRICIAN......................$ 38.50 16.62

ELEC0231-008 06/04/2020

Cedar, Knox, Pierce and Wayne Counties

Rates Fringes

ELECTRICIAN......................$ 35.25 13.40+4%

ELEC0265-007 09/02/2019

Boyd, Brown, Holt, Keya Paha, and Rock Counties

Rates Fringes

Electricians:

Zone 1......................$ 29.12 13.13 Zone 2......................$ 29.42 13.15 Zone 3......................$ 29.72 13.18 Zone 4......................$ 30.12 13.21

ZONE DEFINITIONS [Mileage from main Post Office in Lincoln] Zone 1: 0 to 35 miles Zone 2: 36 to 50 miles Zone 3: 51 to 75 miles Zone 4: 76 miles and over

FOOTNOTE:

Work on scaffolds, hanging scaffolds, boatswains chairs or ladders, etc., in any area where the worker is in a position to fall 40 ft. or more, or where objects above the worker can fall 40 ft. or more: to be paid one and one-half times the straight- time rate of pay.

SUNE2011-013 08/31/2011

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 18.75 3.25

LABORER: Common or General......$ 11.69 1.31

LABORER: Pipelayer.......