W25G1V18R0030.pdf

W25G1V8116029Q

DAVID KERN 570-615-8733

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

12-Jul-2018

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________13 Aug 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

ACC-APG DIVISION E

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5100

W25G1V

PAGE OF PAGES

1 OF

CODE W25G1V

(Title, identifying no., date):

12B. CALENDAR DAYS

04:30 PM (hour)

Sealed envelopes containing offers

ACC-APG DIVISION E

DAVID K KERN 570-615-8733.

DAVID.K.KERN2.CIV@MAIL.MIL

FAX 570-615-6794

TOBYHANNA PA 18466-5100

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W25G1V18R0030 51

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W25G1V18R0030

Section B - Supplies or Services and Prices

NOTES

NOTES:

1. ELECTRONIC SOLICITATION: This solicitation, including amendments, is available electronically only and available for downloading by interested sources at https://www.fbo.gov. No Bidders or Solicitation Mailing Lists (BML/SML) are available from the Government; however, interested sources are encouraged to register for the solicitation. Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of amendment issue. Offerors are advised to consult the website frequently to check for the issue of amendments since an amendment may be issued up until the offer due date and time. Failure to acknowledge amendments may render your offer non-responsive and ineligible for award.

2. The estimated magnitude of this project is between $100,000 and $250,000.

3. In accordance with DFARS 252.204-7004, lack of an active SAM (System for Award Management, www.SAM.gov) database registration will result in an offeror being ineligible for award.

(a) Prospective offerors must be found to be responsible to receive an award in accordance with FAR 9.1

(b) The minimum acceptance period for offer is sixty (60) days from date specified in Offer Due Date Block on page 2 of SF1442, including any extensions of the offer due date by solicitation amendment.

(c) All specifications and requirements shall be found in the Statement of Work included in this solicitation.

4. CONTRACT INFORMATION: This requirement will result in one (1) firm fixed-price (FFP) construction contract consisting of site preparation and the supply and installation of (1) non-hexavalent plating tank and (1) rinse tank in Building 1E of Tobyhanna Army Depot. See Attachment I - Statement of Work for more information.

5. APPLICABLE DAVIS BACON ACT WAGE DECISION: (See Attachment II)

Construction Type: Building General Decision Number: PA180122 Modification Number Publication Date 6 6/29/2018

6. Delivery terms/information shall be found in the Statement of Work included with the solicitation.

7. Performance of installation and related services is at Tobyhanna Army Depot, Tobyhanna, PA as specified in the Statement of Work.

8. Submission of Proposal: Proposal as well as all required supporting documentation must be submitted electronically as a .pdf file by e-mail to the Contract Specialist, David Kern, david.k.kern2.civ@mail.mil and must be received by the date and time specified in this solicitation. All proposal files must be labeled with the RFP number and Volume Number. No single e-mail may exceed 20 megabytes. Separate e-mails may be sent, however the final e-mail must indicate this is the last "X" number of e-mails submitted in response to solicitation W25G1V- 18-R-0030. See below proposal submission instructions for all required technical proposal, past performance information and proposal submission requirements.

9. SITE VISIT: In accordance with FAR 52.236-27, a pre-proposal site visit will be held on Wednesday, July 18, 2018, at 1:00pm. The meeting location will be Building 20 (Guard Shack/Security), Tobyhanna Army Depot.

Offerors planning to attend must e-mail the Contract Specialist. Those attending the site visit are reminded that this is an industrial area and safety shoes (boots), glasses and hearing protection are required. TYAD will provide hearing protection but attendees are responsible for providing boots and glasses.

10. QUESTIONS AND ANSWERS: All questions must be submitted in writing to david.k.kern2.civ@mail.mil.

Offerors are instructed NOT to contact any TYAD personnel, as this may result in a delay of answers. Questions must be received no later than seven days prior to closing date by 4:30PM EDT. All questions and answers will then be incorporated into the solicitation and any resultant contract via amendment.

11. Any amendments issued to this solicitation will be posted in the same manner as the solicitation. All Offerors are advised to acknowledge all amendments issued to the solicitation with their proposal by signing and including one copy of the amendment with their proposal. Each amendment must be signed and dated by a company official authorized to contractually bind the company.

12. Proposal preparation instrucitons can be found in Section L of the solicitation.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

SITE PREP/INSTALLATION OF PLATING TANKS

FFP

This requirement is for the site preparation, supply and installation of one (1) non-hexavalent plating tank and one (1) rinse tank in Building 1E IOF Plating Shop at Tobyhanna Army Depot. Site preparation includes modification to the substructure, installation of steel support beams, relocation of sprinkler heads and piping and removal of unnecessary plumbing. Plating and rinse tank shall be manufactured IAW specifications in the statement of work.

FOB: Destination

NSN: AASSVC8116029Q

MILSTRIP: W25G1V8116029Q

PURCHASE REQUEST NUMBER: W25G1V8116029Q

PSC CD: Z2EC

NET AMT

Section E - 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

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

FOB: Destination

W25G1V

52.236-15 Schedules for Construction Contracts APR 1984 52.242-14 Suspension of Work APR 1984 52.247-34 F.O.B. Destination NOV 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 ten (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 ninety days (90). The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $656.16 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

CONSTRUCTION PAYMENT INVOICE

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0303 Issue By DoDAAC W25G1V Admin DoDAAC W25G1V Service Acceptor (DoDAAC) W25G1V

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

mark.j.kisel.civ@mail.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

david.k.kern2.civ@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

SECTION H

H.1 DEPOT REGULATIONS - CONTRACTING OFFICER'S NOTICE

While within the confines of Tobyhanna Army Depot, Contractor employees will adhere to and be governed by all rules, regulations, policies, procedures and directives issued by the Commanding Officer, Tobyhanna Army Depot, and said employees will be required to conduct themselves in the same manner required of Government employees.

H.2 RATE OF WAGES - CONTRACTING OFFICER NOTICE

(a) The minimum wages paid to laborers and mechanics on this project, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth below. (This clause is inoperative if the contract is in the amount of $2,000 or less).

(b) Any class of laborers and mechanics, including apprentices and trainees, not listed below employed on this contract shall be reclassified conformably to the schedule set out below by mutual agreement between the Contractor and class of labor concerned, subject to the prior approval of the Contracting Officer, and to the following criteria being satisfied:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination;

(ii) The classification is utilized in the area by the construction industry;

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

In the event that a listed classification in fact performs the work of the missing classification, then that listed classification wage rate shall be used for the laborers or mechanics performing the said work. Information regarding whether a listed classification is documented as performing the work of the missing classification is available from the union in cases where the listed rate for the candidate classification was obtained from a union; or the information is available from DOL if the listed rate of the candidate classification is based upon a DOL survey. A classification rate can be determined as being from a DOL survey or from a union rate by the identifier above the classification: if the identifier shows the first few letters of the classification (e.g., carpenters may show “carp”, plumbers may show “plum”), the rate is a union rate; if, however, the identifiers starts with “SU”, the rate is based on a DOL survey. All identifiers starting with “SU” are non-union rates. Questions regarding whether a classification with a rate based upon a survey (i.e., non-union) is documented as doing the work of the missing classification may be posed to DOL at the regional office at

(215) 861-5830.

(c) For purposes of a conformance, in the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the questions, accompanied by the recommendation of the Contracting Officer, shall be referred to the Department of Labor for final determination.

WAGE DETERMINATION:

Construction Type: Building General Decision Number: PA180022 Modification Number Publication Date 6 6/29/2018

(d)(1) A Contractor may employ apprentices on Government Construction projects. The Contractor, prior to using apprentices on the contract work must submit to the Contracting Officer written evidence of registration of such employees in a program which has been accepted either by the Bureau of Apprenticeship and Training (BAT), U.S. Department of Labor, or by a state apprenticeship and training agency approved and recognized by BAT. Trainees may be employed only under programs approved by BAT. The Contractor also shall be required to submit written evidence of apprentice to journey-man and trainee to journeyman ratios and wage rates including fringe benefit payments established for his program in the project area. Upon receipt of such submission, the Contracting Officer shall accept these ratios and rates for the purposes of determining the Contractor's compliance with the Davis-Bacon Act clause.

(2) Whenever a contractor has classified employees as apprentices or trainees without complying with the foregoing requirements, the classification shall be rejected, and the Contractor shall be required to pay such employees at the rates applicable to the classification of the work they actually performed.

H.3 HAZARDOUS MATERIAL - CONTRACTING OFFICER'S NOTICE

This contract may involve the delivery of hazardous materials as defined by the latest version of Appendix A, Federal Standard 313. FAR 52.223-3, Hazardous Material Identification and Material Safety Data (JAN 1997) and DFAR 252.223-7001, Hazard Warning Labels (DEC 1991), is included in full text. The attached DOL Form OSHA174 (or other approved DOL Form similar to OSHA20) must be submitted by the apparently successful Offeror prior to award of the contract or delivery of material.

H.4 RESERVED

H.5 WORK AREA RESTRICTIONS - CONTRACTING OFFICER'S NOTICE

Contractor employees are restricted to the immediate area of the job site and not permitted access to any area adjacent to said job site without expressed written permission of the Contracting Officer.

H.6 PROTECTION OF OPENINGS - CONTRACTING OFFICER'S NOTICE

1. During the periods of inclement or cold weather, and at the end of each work day, the contractor shall provide a secure temporary enclosure to seal all openings being worked on.

2. Security of the building/area will not be downgraded during non-working time.

H.7 RESERVED

H.8 COORDINATION - CONTRACTING OFFICER'S NOTICE

a. All work shall be scheduled so as to provide minimum interference with depot operations. The Contractor shall coordinate the schedule with the Contracting Officer, prior to commencement of work.

b. Working hours shall be between 0730 and 1600 hours, Monday through Friday, (excluding Federal Holidays and the day after Thanksgiving if deemed a Federal Holiday) unless prior approval has been received from the Contracting Officer.

c. Successful bidder(s) shall within five (5) days after commencement of work submit a written, practicable construction schedule to the Contracting Officer for written approval.

d. If the work requires tapping into existing electrical, sewerage, water, storm, air lines, alarms, etc., this maneuver shall not interfere with Depot operations. Interruptions shall occur during a weekend or during other than regular working hours and shall be coordinated with the Contracting Officer's Representative. When a situation such as this arises, the contractor shall notify the COR, in writing, at least seven (7) days in advance of the occurrence, describing the circumstances and requesting approval. (In the event of conflict between this paragraph and the Technical Specifications, the latter shall govern).

H.9 APPROVALS - CONTRACTING OFFICER'S NOTICE

All reference to approvals as may be required throughout the specifications, attachment I, Technical Specifications shall be deemed to mean the written approval of the Contracting Officer. All requests for approval shall be made in writing to the Contracting Officer.

H.10 FAR 52.236-12 CLEANING UP (APR 1984)

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

(End of clause)

CONTRACTING OFFICER'S NOTICE:

1. Debris and Rubbish: Remove debris and rubbish from the site as soon as practicable. Do not allow to accumulate in buildings or on site. (However, see paragraph 3. below concerning cardboard waste.) Also remove debris from excavations.

2. Debris Control: Remove and transport debris, to an approved disposal site, in a manner as to prevent spillage on streets or adjacent areas.

3. Disposal of Debris:

a. Removal of debris and rubbish shall be the responsibility of the Contractor. The Contractor shall dispose of all materials, except as noted b. below, outside the limits of the Government Controlled Property at a site approved by local and state authorities.

COMPLIANCE WITH THE MONROE COUNTY SOLID WASTE MANAGEMENT

ORDINANCE/PLAN IS REQUIRED FOR THE HAULING AND DISPOSAL OF

CONSTRUCTION/ DEMOLITION WASTE. FOR ALL OTHER WASTE, COMPLIANCE

MAY BE REQUIRED. CONTRACTORS ARE RESPONSIBLE FOR CONTACTING THE

MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY TO

DETERMINE SPECIFIC COMPLIANCE RESPONSIBILITIES AND REQUIREMENTS.

MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY CAN BE

REACHED AT 570-421-7301. PLEASE NOTE, THE USE OF TRANSFER FACILITIES

FROM THE MONROE COUNTY CONTRACTED FACILITIES LIST IS NOT ALLOWED

FOR TOBYHANNA ARMY DEPOT PROJECTS.

b. CONTRACTORS ARE ENCOURAGED AND SPECIFICALLY REQUESTED TO

DISPOSE OF CARDBOARD DEBRIS WITHIN THE CONFINES OF THE

GOVERNMENT CONTROLLED PROPERTY AT ANY OF THE DEPOT'S READILY

ACCESSIBLE CARDBOARD BALER LOCATIONS. IF A BALER IS NOT LOCATED

NEAR THE JOB SITE, CARDBOARD DEBRIS MAY BE NEATLY STACKED AT THE

JOB SITE FOR SUBSEQUENT PICK-UP BY GOVERNMENT PERSONNEL. ALL

CARDBOARD DEBRIS DISPOSAL ARRANGEMENTS MUST BE COORDINATED

WITH THE CONTRACTING OFFICER'S REPRESENTATIVE.

4. The Contracting Officer shall be notified, in writing, of the location of the selected disposal site.

5. A final cleanup is required at end of the project to include dust, debris, smudges, stains, marks of any kind, spills, dirt, construction material, all waste, rags, etc.

Vacuuming and wet mop will be required for projects within structures that have finished areas.

H.11 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES

(APR 1984)

(a) The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to or paid for by the Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all the temporary connections, distribution lines, meters, and associated paraphernalia.

CONTRACTING OFFICER'S NOTICE: There will be no charge for any utilities required for this contract. Bidder/Offeror shall not include any costs for securing such utilities in his bid price.

H.12 SECURITY INSPECTION

By submission of a bid/offer under this solicitation, the Contractor acknowledges and agrees that all vehicles operated by the contractor and commercial vendors and subcontractors will be inspected by Depot Security personnel prior to entering or departing the controlled area of Tobyhanna Army Depot.

H.13 RESERVED:

H.14 INSURANCE REQUIREMENTS

Reference the clause FAR 52.228-5 Insurance – Work On A Government Installation (JAN 1997) and pursuant to FAR 28.307-2 the following insurance requirements apply.

The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY. Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

(b) GENERAL LIABILITY. Bodily injury liability insurance coverage written on the comprehensive form of the policy of at least $500,000 per occurrence is required.

Property damage liability insurance is not required unless otherwise specified.

(c ) AUTOMOBILE LIABILITY. Automobile liability insurance written on the comprehensive form of policy is required. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H. 15 CONSTRUCTION DRAWINGS

Reference the clause FAR 52.236-21 I included by reference in Section I.

a. Shop drawings should be submitted directly to the Contracting Officer’s Representative (COR).

b. In the event the contractor desires that more than one approved set be returned (See FAR 52.236-21(g)), the contractor shall submit additional copies for approval and request these additional copies be returned to the contractor.

c. Two sets of shop drawings shall be submitted at the completion of the work indicating minor changes or revisions made with the knowledge and consent of the COR to previously approved shop drawing submittals. If no changes or revisions have been made, this resubmittal is not required.

d. When changes and revisions have been made to the contract drawings, one clean marked-up set of these drawings shall be submitted upon completion of the work, indicating these changes and revisions.

H.16 TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND

VISITOR RESTRICTIONS

Depot Access:

A background check and approval from Tobyhanna Army Depot (TYAD) Security Branch is required for all contractor and subcontractor personnel prior to on-site access at TYAD. All persons seeking entrance to TYAD shall submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied. The contractor shall ensure ELTY Form 648-C is completed for all contractor and subcontractor personnel requiring depot access to include warranty services. The TYAD point of contact (POC) will provide ELTY Form 648-C, “Request Access to Tobyhanna Army Depot” to the contractor/vendor at least ten days prior to the expected visit date for completion. The contractor/vendor shall return the completed ELTY Form 648-C to the TYAD POC in a timely manner so the same may be submitted to Security for processing no later than seven days prior to the visit. All of the required fields on the form shall be complete and accurate by the contractor/vendor for timely processing. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on-site who fail screening will not be permitted further access to TYAD. See “Access and General Protection/Security Policy and Procedures”.

Access and General Protection/Security Policy and Procedures. 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 access requirements to be accomplished by TYAD Security Branch. Contractor workforce must comply with all personal identity verification requirements 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

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 the government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. Submit the completed ELTY Forms 648-C form(s) to the COR or POC.

H.17 CONTRACTOR VEHICLES, TRAILERS AND EQUIPMENT

All contractor owned, rented or leased vehicles, trailers, and/or equipment for use on site shall be identified with the contractor’s company name, job site description, point of contact and phone number where the contractor can be reached 24 hours a day. The contractor shall ensure all referenced items are to be checked for proper operation, leaks, etc. prior to delivery to Tobyhanna Army Depot. The contractor shall coordinate with the Contracting Officer’s Representative or assigned Government point of contact prior to leaving any of the referenced items unattended at the site.

H.18 USE OF POWER EQUIPMENT USING FOSSIL FUEL

Contractors are prohibited from using diesel or gasoline powered equipment in an enclosed environment that is populated at the time the equipment is to be used unless coordinated and approved by the COR and the Safety Office. Alternate power such as propane or electricity is acceptable for use in populated areas. If the Government has required that the pertinent work be performed during times when the enclosed area is unpopulated, the COR must coordinate with the Safety Office for specific approval of both the use of the diesel/gasoline powered equipment and the schedule of the work for the Contractor to use the diesel or gasoline powered equipment. Under those circumstances which unequivocally preclude use of alternate power, and diesel or gasoline powered equipment must be used, the COR must coordinate with the Safety Office for approval of such use.

END SECTION H

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.216-7 Alt I Allowable Cost and Payment (Jun 2013) - Alternate I FEB 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-34 Project Labor Agreement MAY 2010 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

MAY 2008

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

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

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

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items NOV 2017 52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7006 Cost Limitation JAN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

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

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

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

2014)

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

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

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

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of…