Solicitation_W912P922Q0004_Cannon Elevator Repair.pdf

CLARENCE CANNON POWERHOUSE ELEVATOR REPAIR

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06, effective 07-12-2021.

Solicitation Number W912P922Q0004 is being issued as a request for quote (RFQ) with the intent to issue one Firm-Fixed Price Contract. This solicitation is being issued under a 100% Small Business Set Aside. The NAICS code for this procurement is 238290 - Other Building Equipment Contractors; with a size standard of $16,500,000.00. This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures.

The U.S. Army Corps of Engineers, St. Louis District, requires supervision, labor, equipment, and materials to perform all work in strict accordance with the umbrella contract specifications, this statement of work to replace one Top of Car Junction Box and one Factory Terminal Block, both located on the top of the elevator car in the Powerhouse of the Dam.

New electrical components shall meet or exceed the capacity of the existing. All work must be completed in accordance with the statement of work that was prepared for this requirement.

COMPLETE PROJECT SPECIFICATIONS AND BIDDING SCHEDULE ARE POSTED

AS AN ATTACHMENT TO THIS SOLICITATION.

The government intends to make one award for one firm fixed price contract. Offers for less than the required delivery will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide their best proposed pricing in their initial offer.

Notes to Offerors:

BIDDING SCHEDULE MUST BE RETURNED WITH YOUR QUOTE.

Quotes are due Friday, March 11, 2022, not later than 12:00 p.m. CST, to U.S. Army Corps of Engineers, ATTN: Shelia R. Bradley. Quotes shall be submitted electronically via email, to:

Shelia.R.Bradley@usace.army.mil and Amy Starks Amy.L.Starks@usace.army.mil. For information concerning this solicitation, contact Shelia Bradley at the above email or by phone at 601-631-7243.

• You are responsible for reading all information contained in this solicitation and all attachments if any posted with it.

• Offerors should check the SAM.gov web site often for modifications to this solicitation.

• Offerors are responsible for ensuring their quotes arrive timely.

mailto:Shelia.R.Bradley@usace.army.mil mailto:Amy.L.Starks@usace.army.mil

TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions NO LATER THAN two (2) days prior to solicitation due date, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Solicitation Number is: W912P9-22-Q-0004, Clarence Cannon Powerhouse Elevator

The Bidder/Offeror Inquiry Key is: V9W8SM-72CRMQ

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Bidders/Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

https://www.projnet.org/

VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

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

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warriors Program- http://wtc.army.mil/modules/employers/index.html U.T. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans-Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/ http://wtc.army.mil/modules/employers/index.html http://www.hiringourheroes.org/ http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_to_hiring_veterans_0.pdf http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_to_hiring_veterans_0.pdf http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-_guide_to_hiring_veterans_0.pdf

US Army Corps of Engineer, Vicksburg District Contracting Division

4155 Clay Street, Suite 120 Vicksburg, MS 39183

W912P922Q0004- Clarence Cannon Powerhouse Elevator Repair

Submitted By:

Offeror Name: __________________________________________________________

Street Address: __________________________________________________________

City, State, Zip: __________________________________________________________

Cage Code: ____________________________________

DUNS Number: ________________________________

Tax Identification Number: _______________________

Email Address: _________________________________

Phone Number: _________________________________

Bidding Schedule

Item-Item No./Services Quantity Unit Unit Price Amount

Base: Remove Existing and Install New Parts 1 Job $

Inspect Elevator Wire Rope and Prepare Report 1 Job $

Optional:

Replace Elevator Wire Rope 1 Job $

TOTAL OF AMOUNT $

Signature: _____________________________

Title: _________________________________

SEE ADDENDUM

(No Collect Calls)

W912P922Q0004 25-Feb-2022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 11 Mar 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SHELIA R BRADLEY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912P9 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USARMY ENGR. DIST., ST. LOUIS

SEE BLOCK 13

CORPS OF ENGINEERS

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

TEL: FAX:

314 331-8746FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238290

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF60

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P922Q0004

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION 01 11 00

STATEMENT OF WORK

Date: 8 October 2021

1. DISCUSSION

1.1. Project Identification

1.1.1. Project Title: Clarence Cannon Powerhouse Elevator Repair

1.1.2. IJO Numbers: TBD

1.2. Description of Work

1.2.1. The contractor shall supply all supervision, labor, equipment, and materials to perform all work in strict accordance with the umbrella contract specifications, this statement of work to replace one Top of Car Junction Box and one Factory Terminal Block, both located on the top of the elevator car in the Powerhouse of the Dam. New electrical components shall meet or exceed the capacity of the existing.

1.2.2. The current elevator cab was damaged due to flooding caused by a sewage pipe break on a floor above the cab. Due to this loss Dam staff and Contractors are forced to use a combination of small and large stairways often limiting the amount of tools they can carry while on the move making it extremely difficult just to perform their day to day work. The main parts of the cab that will be replaced are the Top of Car Junction Box and Top of Car Integration Box. During replacement the hoistway wire will be inspected and assessed for any rust damage while the elevator controls and related parts will be kept as is.

1.3. Area Description

1.3.1. Location: Clarence Cannon Dam is a Hydropower Facility located on the Mark Twain Lake Reservoir in

Missouri. This facility is operated by and maintained by the Corps of Engineers in the Mark Twain Lake Project Office. (See Appendix A)

1.3.2. Known Existing Site Conditions: The site only has 1 passenger elevator in the powerhouse and is used by all personal both in house and contracted to access the entirety of the facility. The elevator has openings to the hoistway in every floor and has a service access at the top of the facility located on Missouri J road. This elevator serves as a crucial point of access for related work and project inspection navigation and cannot be left ignored for an extended amount of time.

1.4. Principle Items to Be Accomplished

1.4.1. Base CLIN 0001 – Remove Existing and Install New Parts

1.4.1.1. Disconnect and remove existing Top of Car Junction Box, and Integration Box. In addition the AT400 Gear

Motor Sheave and Assembly, Power Control Unit, Power Supply, Vane Reader Optic Leveling Inductor, and GCS I/O Board in Controller while preserving the existing top of cab platform and nearby electrical components. All demolished materials will be transported off site for disposal.

1.4.1.2. Demolition of existing electrical boxes and related parts shall not begin until the new replacement components are on site and are prepared for installation. A detailed work schedule shall be provided to indicate the maximum period of system outage anticipated for the removal and replacement of the junction boxes.

1.4.1.3. Provide and install new Top of Car Junction and Integration Boxes of equal or greater capacity that have the same features as existing models.

1.4.1.4. Provide and install new AT400 Gear Motor Sheave and Assembly, Power Control Unit, Power Supply, Vane Reader Optic Leveling Inductor, and GCS I/O Board in Controller of equal or greater capacity that have the same features as existing models.

1.4.1.5. Clean, lubricate, rust proof, and paint as necessary all Interlocks, all Fixtures, Elevator Pit, Pit Channels, Tail Sheave, Hoistway, Car Sills, Car Rails, Spring Buffers, and Limit Switches in Pit and Overhead. To ensure the new elevator parts installed will operate as intended.

1.4.1.6. Conduct the manufacturer’s recommended field testing for after installation. Furnish a factory trained field representative authorized by and to represent the equipment manufacturer at the complete execution of the field acceptance testing.

1.4.1.7. Record the required data using the approved reporting forms provided by the manufacturer. Completed test report forms for each item of equipment must be reviewed, approved, and signed by the Contractor's test director. The manufacturer's field test representative must review, approve, and sign the report of the manufacturer's recommended test. Signatures must be accompanied by the person's name typed.

1.4.1.8. If the test requirements are not met; deficiencies identified during the tests must be corrected in compliance with the manufacturer's recommendations and corrections retested to verify compliance.

1.4.2. Base CLIN 0002 – Inspect Elevator Wire Rope and Prepare a Report

1.4.2.1. Conduct a manufacturer approved inspection of the hoist way wire rope. Furnish a factory trained field representative authorized by and to represent the elevator rope manufacturer to observe or perform the inspection.

1.4.2.2. Prepare a report on the current state of the wire rope to include recommendations on replacement timeframes.

1.4.3. Optional CLIN 0003 – Replace Elevator Wire Rope

1.4.3.1. If inspection shows that wire rope is in poor condition, then a replacement will need to be installed.

1.4.3.2. Disconnect and remove existing wire rope while preserving nearby electrical components. All demolished materials will be transported off site for disposal.

1.4.3.3. Demolition of existing wire rope shall not begin until the new replacement components are on site and are prepared for installation. A detailed work schedule shall be provided to indicate the maximum period of system outage anticipated for the removal and replacement of the wire rope.

1.4.3.4. Provide and install new wire rope of equal or greater capacity that have the same features as existing models.

2. DRAWINGS

2.1. Contract Drawings

2.1.1. The following as-built drawings are provided to aid in conceptual guidance. See Appendix B.

2.1.2. Dimensions and utility locations are approximate and must be verified in the field.

3. SPECIFICATIONS AND CODES

3.1. Codes

3.1.1. The Contractor shall comply with the most recent edition, at time of solicitation, of all pertinent Local, State, and Federal building and life/health/safety codes, to include the following:

a. Applicable Unified Facilities Criteria (UFC) including:

(1) UFC 1-200-01 DoD Building Code

(2) UFC 3-401-01 Mechanical Engineering

(3) UFC 3-501-01, Electrical Engineering

(4) UFC 3-520-01, Interior Electrical Systems

b. United Facilities Guide Specifications (UFGS)

c. International Building Code (IBC)

d. Internation Mechanical Code (IMC)

e. National Electric Code (NEC)

f. ASME A17.1 Elevator and Escalator Safety Code

g. ASME A17.3 Existing Elevator and Escalator Safety Code

h. ASA IE&E SDD policy www.asaie.army.mil/Public/ES/doc/SDD%20Policy.pdf

i. EM 385-1-1 (http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx)

j. National Fire Protection Association (NFPA) Codes

k. Telecommunication Industry Association/Electrical Industry Association Wiring Standards (Building

Telecommunication Wiring Standards)

3.2. Specifications

3.2.1. The Contractor shall comply with all relevant specification sections as set forth in the base contract.

Drawings Title

Sheet 1 Dwg. No. 54/500: Elevator General Arrangement Sheet 2 Dwg. No. 53/130.1: Elevator Shaft Sheet 3 Dwg. No. 54/501: Beam and Sheave Arrangement

4. SUBMITTALS

4.1. Project Submittal Requirements

4.1.1. All submittals shall be submitted in accordance with the specification section titled SUBMITTAL

PROCEDURES. Required submittals are identified in their applicable specification sections.

4.1.2. In addition to the requirements as outlined in the specification section titled SUBMITTAL PROCEDURES, an electronic copy of each submittal shall be provided to the Government. Delivery method shall be decided during the CQC coordination meeting.

4.1.3. Contractor will employ QCS in the execution of the task order.

4.2. Close-out Submittal Requirements

4.2.1. The Contractor shall provide close-out submittals as required by the contract specifications.

4.2.2. The Contractor shall provide a Letter of non-retention for all contract documents, plans, drawings, and specifications after the destruction of all copies that are not required by the contractor to meet legal requirements.

5. ENVIRONMENTAL COMPLIANCE

5.1. Emergency Response on Site

5.1.1. When an emergency happens (medical assistance, fire, flooding, spill response, etc.) 911 will be the primary number to call.

Personal/Company Phone Numbers

Emergency 911 Non-Emergency (Project Office) (573) 735-4097 Environmental Project Coordinator (Allen Mehrer) (573) 735-4097

5.2. Asbestos Containing Material

5.2.1. An AHERA survey is not required as part of this project.

5.3. Lead-Containing Paint

5.3.1. A lead paint survey is not required as part of this project.

5.4. Environmental Coordination

5.4.1. “Environmental compliance” means conforming to all applicable environmental laws/regulations including site-specific permits and program requirements. The cost of environmental compliance is a legal responsibility. Non-compliance is far more costly over time as consequences of serious violations can include individual penalties and civil/criminal charges as well as bad publicity, which will affect relations with the community as well as the ability to receive new contracts. Contractors must always include environmental compliance in their policies, procedures, and operations.

6. OTHER CONDITIONS AFFECTING WORK

6.1. Work Coordination

6.1.1. Local Work Force Interaction

6.1.1.1. The Contractor shall plan his work activities in a manner such that there will be minimal interference and inconvenience to ongoing traffic and daily operations in the facility and local areas, to the greatest extent possible.

6.1.1.2. All work will be scheduled and coordinated with the Government Project Management Team or their designee at all times.

6.1.1.3. The Contractor may not block traffic, roads, access routes, or exits without prior coordination with the Project Manager or other authorized Government representative.

6.1.2. Pre-Construction Conference

6.1.2.1. The Contractor shall attend a pre-work meeting presided over by the Project Manager prior to commencing construction activities. The Contractor shall contact the Project Manager within ten (10) business days of issuance of the Task Order NTP to establish a date and time for the preconstruction meeting. The Contractor shall submit a site-specific construction schedule and a site specific Work Plan at that meeting for government approval unless these items have been previously approved by the government. The schedule shall be in sufficient detail to identify all aspects of the work including all significant project tasks with durations and start and finish times.

6.1.3. Pre-Construction CQC Coordination Meeting

6.1.3.1. The Contractor shall attend a CQC Coordination meeting held in accordance with specification section titled

QUALITY CONTROL.

6.2. Contractor Personnel and Sub-Contractor Qualifications

6.2.1. Site Safety and Health Officer

6.2.1.1. The Contractor shall provide a Site Safety and Health Officer (SSHO) as required in the specification section titled GOVERNMENTAL SAFETY REQUIREMENTS. The Contractor SSHO may be assigned other duties in addition to the duties required as SSHO.

6.2.2. Construction Quality Control System Manager

6.2.2.1. The Contractor shall provide a Construction Quality Control (CQC) System Manager as required in the specification section titled QUALITY CONTROL. The CQC System Manager may be assigned other duties in addition to the duties required as CQC System Manager.

6.3. Compliance with Rules, Regulations, and Statutes

6.3.1. All contractor employees shall observe and comply with all applicable local, State, and Federal rules, regulations, and statutes including those concerning fire, safety, sanitation, security, vehicle safety, environmental and hazardous material handling while performing this Task Order. All work shall meet or exceed all applicable industry standards.

6.4. Firearms

6.4.1. Contractor personnel shall carry no firearms while performing work under this Contract.

6.5. Work Hours

6.5.1. The construction activity period shall be restricted to [7:00 am to 4:30 pm] daily, Monday through Thursday, excluding Federal holidays. Work hours other than as specified above shall be coordinated with and approved by the Contracting Officer's Representative.

Federal Holidays:

17 Jan 2022 – Martin Luther King, JR.

21 Feb 2022 – Washington’s Birthday 30 May 2022 – Memorial Day 4 Jul 2022 – Independence Day 5 Sep 2022 – Labor Day 10 Oct 2022 – Columbus Day 11 Nov 2022 – Veterans Day 24 Nov 2022 – Thanksgiving Day 26 December 2022- Christmas Day

6.6. Site Utilities

6.6.1. Outages

6.6.1.1. Any utility outages, including but not limited to, electrical, mechanical, fire protection and plumbing systems, shall be coordinated at least fifteen (15) working days prior to proposed outages. Coordination will be documented on the appropriate outage request form (separate document for utilities and fire protection systems). Outages shall be scheduled to minimize interruptions to normal using agency operations.

6.6.2. Potable Water

6.6.2.1. The Government shall make available to the Contractor, from existing outlets and supplies, reasonable amounts of potable water without charge. The Contractor shall conserve potable water furnished.

6.6.3. Electricity

6.6.3.1. Subject to available supply, the Government, without charge, shall make reasonable amounts of electric current available to the Contractor for performing work at the work area. The Contractor shall conserve electric current furnished. The Contractor at their own expense shall install and maintain necessary temporary connections and distribution lines and shall remove the connections and lines prior to final acceptance of construction.

6.7. Permits

6.7.1. The Contractor shall obtain and submit copies of ALL permits, unless otherwise specified. Each permit shall be obtained before starting the respective items of work. This includes, but is not limited to, permits necessary for decontaminating water and sewer systems, and digging permits.

6.8. Safety

6.8.1. USACE Safety and Health Requirements Manual (EM 385-1-1), available online at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx, shall be considered to be a part of this Task Order and will be enforced as such. The Contractor shall prepare an accident prevention plan in accordance with the most current version of EM 385-1-1.

6.8.2. Contractor will submit at the post award conference an Accident Prevention Program Administrative Plan (MVN Form 385-43R). See appendix C.

6.9. Operation and Maintenance Requirements

6.9.1. Operation and maintenance manuals as required by the UFGS Technical Specifications (Divisions 2 thru 48), shall be provided by the Contractor, and edited as required. The intent of the O&M Manuals is to promote and maximize the efficiency, economy, safety, and effectiveness of the life cycle operation, maintenance, and repair of the facility.

6.10. Construction Facilities And Temporary Controls

6.10.1. The Contractor is responsible for security of his own property and security of government property when construction activities affect existing security measures.

7. GOVERNMENT FURNISHED MATERIAL/EQUIPMENT

7.1. None

8. ANTI-TERRORISM (AT) AND OPERATIONAL SECURITY (OPSEC)

8.1. AT Level I Training. All contractors and their subcontractors required to work on Clarence Cannon Dam shall complete AT Level 1 awareness training prior to commencing work. The contractor shall submit a signed company letter stating the annual AT Level 1 training has been or will be completed by all employees and subcontractors prior to commencing any work. Training certificates shall be maintained and be available for inspection. Compliance may be verified by government QA. AT Level 1 awareness training is available at the following website: https://jkodirect.jten.mil.

8.2. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractor 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 comply with Clarence Cannon Dam security regulations. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

8.3. Real ID Act. Clarence Cannon Dam is in compliance with the REAL ID Act of 2005. This means visitors presenting drivers licenses and Identification cards stating “Not Valid For Federal Purposes" or "Federal Limits May Apply” will need to provide supplemental documentation to prove identity (see link below) in order to be issued a temporary installation pass or a AIE long term pass. If a visitor requesting access does not have REAL ID Act compliant form of identification and cannot provide supplemental identity proofing documents, they must be escorted at all times while on the installation. Each time the pass or AIE long term pass is renewed the supplemental documentation will need to be provided again. For the most current information concerning state-by-state compliance with the REAL ID Act, visit: HTTPS://WWW.DHS.GOV/CURRENT-STATUS-STATES-

TERRITORIES.

8.4. OPSEC

8.4.1. Operations security (OPSEC) denies adversaries sensitive information, critical information or essential elements of friendly information. This information requires special protection from disclosure that could compromise or cause a threat to our National Security, a DOD organization, activity, family member, civilian, or DOD contractor. OPSEC is everyone’s responsibility that comes in contact with the information.

Information that is described below must be controlled, and if the information is in digital or hardcopy format, it needs to be destroyed at contract completion. Control includes not disclosing the information to personnel who do not have the need to have this information; if digital, do not post in a manner open to the public (on cloud storage or publicly available site) and if hard copy secure in a locked area (office, trailer, vehicle, etc…) Examples which may be deemed sensitive include but are not limited to information related to:

Unit structuring/manning Deployment operations Equipment Administration and personnel Training and readiness Military Operations Planning Vulnerabilities Utility systems information Acquisition plans Security Capabilities Logistics

Unit morale Financial data/funding Intelligence/counter intelligence Drawings, as-builts, designs

8.4.2. Handle any attempt by unauthorized personnel to solicit sensitive information as a Threat Awareness and

Reporting. Program (TARP) incident. Report all facts immediately to Mark Twain Project Office Staff and inform the COR.

8.4.3. OPSEC Level I Training. All contractor employees and their subcontractors required to work on Clarence Cannon Dam or have access to contract documents shall complete Level I OPSEC training prior to commencing work. The contractor shall submit a signed company letter stating the annual Level I OPSEC training has been or will be completed by all employees prior to commencing any work. Training certificates shall be maintained and be available for inspection. Compliance may be verified by government QA. Level I OPSEC training is available at the following website: http:/www.cdse.edu/catalog/operations-security.html.

8.5. E-Verify. The Contractor and subcontractors shall pre-screen all employees required to work on this proejct using the E-Verify website (https://www.uscis.gov/e-verify ) to meet the established employment eligibility requirements. The Contractor shall ensure that the employee has two valid forms of Government issued identification to ensure the correct information is entered into the E-verify system. The contractor shall submit a signed company letter stating all employees have or will be screened in E-Verify prior to commencing any work.

Section G - Contract Administration Data

GENERAL NOTICES

“Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an Administrative Contracting Office (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.”

Period of Performance: Contract period of performance will be at Notice to Proceed. It will be coordinated with the government point of contact, which will be determined at time of award.

INVOICE INSTRUCTIONS:

A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212- 4(g)

SUBMIT INVOICE VIA EMAIL TO:

CEFC-payments@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC AT:

TBD

IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR’S FINAL INVOICE SHALL BE

SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE DATE SPECIFIED IN

THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS

OUTLINED ABOVE.

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT:

Joseph Gibbs

PHONE: 573-735-4097

EMAIL: Joseph.P.Gibbs@usace.army.mil

GOVERNMENT CONTRACTING POINT OF CONTACT:

Shelia Bradley-Ransom

PHONE: 601-631-7243

EMAIL: Shelia.R.Bradley@usace.army.mil or

Amy Starks

PHONE: 601-631-5693

EMAIL: Amy.L.Starks@usace.army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

DEC 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

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

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.223-6 Drug-Free Workplace MAY 2001 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) 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.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) 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 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 which reasonably could have been avoided.

(m) 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) 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.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal…