W25G1V-19-R-0015__Solicitation.pdf

W25G1V810801FC

W25G1V-19-R-0015: This requirement is for Design-Build Construction Services, specif ically for the design, supply, and install services associated w ith the upgrade of Tobyhanna Army Depot’s Video Surveillance System.

See Section J for a list of Documents and Attachments.

JOHN THOMAS 570-615-9720

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

14-Feb-2019

(RFP)

(IFB)

X

CALL:

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

See Item 7

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 ________548 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 specif ied in Item 8 by ___________ local time ______________14 Mar 2019 (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 _______30 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, TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5100

W25G1V

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W25G1V19R0015 29

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

W25G1V19R0015

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ADDENDUM

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. All proposals must be submitted electronically via E-MAIL ONLY. See Section L for

Submission Instructions.

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

4. Offerors are advised that this requirement is a 100% set-aside for small business. Offers will only be accepted from small businesses.

5. CONTRACT INFORMATION: This requirement will result in a single award firm-fixed-price (FFP) construction contract for the design, supply, and installation of a new Video

Surveillance System at the Tobyhanna Army Depot. See Attachment I - Scope of Work for more information.

6. APPLICABLE DAVIS BACON ACT WAGE DECISION:

Construction Type: Heavy and Highway

General Decision Number: PA180014

Modification Number Publication Date

1 1/26/2018

7. SITE VISIT: In accordance with FAR 52.236-27, a pre-proposal site visit will be held on

Wednesday, February 27th at 10:00am. The meeting location will be Building 20 (Guard

Shack/Security), Tobyhanna Army Depot. Offerors planning to attend must e-mail the Contract

Specialist NLT one (1) business day prior to the site visit date.

8. QUESTIONS AND ANSWERS: All questions must be submitted in writing to john.e.thomas.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 NLT Thursday, March 7 at

10:00am. These questions and answers will then be posted on a non-attribution basis to fbo.gov and incorporated into the solicitation and any resultant contract via amendment.

http://www.sam.gov/ mailto:john.e.thomas.civ@mail.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Video Surveillance System Upgrade

FFP

The requirement is for the Design-Build Construction Services, specifically for the design, supply, and install services associated with the complete system upgrade of

Tobyhanna Army Depot's (TYAD) Video Surveillance System.

See Attachment I - Scope of Work for a complete description of all services required.

NSN: AASSVC810801FC

MILSTRIP: W25G1V810801FC

PURCHASE REQUEST NUMBER: W25G1V810801FC

NET AMT

0001AA 1 Lot DESIGN: Video Surveillance System

FFP

Design Services associated with this requirement shall include, but is not limited to, site evaluations, design concept meetings and concept drawings review, and preparation of construction specifications, drawings, and estimates.

See Attachment I - Scope of Work for a complete description of the design services required.

FOB: Destination

PSC CD: Z2EB

0001AB 1 Lot CONSTRUCTION: Video Surveillance System

FFP

Construction Services associated with this requirement shall include, but is not limited to providing all licenses, permits, labor, material, equipment, supervision, and managment required to complete to project IAW with the approved Design.

See Attachment I - Scope of Work for a complete description of the construction services required.

0001AC 1 Lot OPTION Offline Archive Storage Capabilities

FFP

The Contractor shall provide offline archive storage capabilities for surveillance recordings after they are removed from active storage.

See Attachment I - Scope of Work for a complete description of the Offline

Archive Storage Capabilities requirement.

0001AD 1 Lot OPTION Active Data Storage Increase (90 Days)

FFP

The contractor shall increase the Active Data Storage System capacity to make the system capable of recording and holding 90 days-worth of recordings at 80% storage space utilization.

0001AE 1 Lot OPTION Active Data Storage Increase (120 Days)

FFP

The contractor shall increase the Active Data Storage System capacity to make the system capable of recording and holding 120 days-worth of recordings at 80% storage space utilization.

0001AF 1 Lot OPTION Active Data Storage Increase (1 Year)

FFP

The contractor shall increase the Active Data Storage System capacity to make the system capable of recording and holding 365 days-worth of recordings at 80% storage space utilization.

0001AG 1 Lot OPTION Video Analytics Capability

FFP

Reference Attachment I - Scope of Work, Para 17.5, Option 5: Video Analytics

Capability.

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 N/A N/A N/A N/A

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

0001AC Destination Government Destination Government

0001AD Destination Government Destination Government

0001AE Destination Government Destination Government

0001AF Destination Government Destination Government

0001AG Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 15-APR-2019 TO

14-OCT-2020

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

W25G1V

0001AB POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AG POP 15-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Construction Payment Invoice

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

Construction Payment Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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

Inspect By DoDAAC W25G1V

Ship To Code W25G1V

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

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.

WAWF INVOICE POC: ashley.d.haynes.civ@mail.mil

ADMINISTERED BY: john.e.thomas.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) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

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: PA190098

Modification Number Publication Date

3 02/08/2019

(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 PROGRESS PAYMENT REQUESTS

In accordance with the terms of the contract clause entitled Prompt Payment For Construction Contracts (FAR

52.232-27, SEP 2005) the following information and documentation is required to be included in any proper invoice for payment. Omission of information or documentation from the following list does not alleviate the Contractor's responsibility to submit that information or documentation with its payment invoice if submission is required elsewhere in this contract.

(a) Updated Progress Schedule as required by FAR clause 52.236-15, Schedules For Construction Contracts

(APR 1984).

(b) Certified payroll records as required by FAR Clause 52.222-8, Payrolls And Basic Records (FEB 1988).

(c) As required by FAR Clause 52.232-5, Payments Under Fixed-Price Construction Contracts (SEP 2002):

(1) Contractor Certification (Subparagraph (c))

(2) A listing of the total value of each subcontract

(3) A listing of the amount included for work performed by each subcontractor and amounts previously paid to each subcontractor.

PLEASE NOTE: For Final Payment Only - A release of all claims against the Government arising by virtue of the contract.

H.4 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.5 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.6 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.7 APPROVALS - CONTRACTING OFFICER'S NOTICE

All reference to approvals 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.8 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.

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.9 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.10 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.11 RESERVED

H.12 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.13 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.14 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

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.204-2 Security Requirements AUG 1996

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000

52.213-3 Notice to Suppliers APR 1984

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-14 Limitations On Subcontracting JAN 2017

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records AUG 2018

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.232-16 Progress Payments APR 2012

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-36 Payment by Third Party MAY 2014

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

52.236-1 Performance of Work by the Contractor APR 1984

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

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-5 Competition In Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Items OCT 2018

52.246-12 Inspection of Construction AUG 1996

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.252-2 Clauses Incorporated By Reference FEB 1998

52.252-6 Authorized Deviations In Clauses APR 1984

252.201-7000 Contracting Officer's Representative DEC 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

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7001 Contract Drawings, and Specifications AUG 2000

252.244-7000 Subcontracts for Commercial Items JUN 2013

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 548 days, including both design and construction services. The time stated for completion shall include final cleanup of the premises.

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 $662.88 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.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

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

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Domestic construction material means--

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

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

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

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

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

(b) Domestic preference.

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

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

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

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

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

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

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

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

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b)(3) of this clause.

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

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

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

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

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

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___

Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___

Item 2

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___

Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

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

Include other applicable supporting information.

Section J - List of Documents, Exhibits and Other Attachments

LIST OF ATTACHMENTS

ATTACHMENT TITLE PAGES DATE

Attachment I

Scope of Work

(SOW)

14 Feb 2019

Section K - Representations, Certifications and Other Statements of Offerors

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.236-28 Preparation of Proposals--Construction OCT 1997

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561621.

(2) The small business size standard is $20,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation.