W52P1J-17-C-5014_Signed.pdf

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BLDG 104 Windows Federal contract opportunity
Solicitation number
W52P1J-17-R-5016
Issued by
Department of the Army Materiel Command Joint Munitions Command

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0010994644-0002

Building 104 - 1st Floor West and 2nd Floor Window s at the Rock Island Arsenal.

The U.S. Army Contracting Command - Rock Island requests a proposal for Building 104 1st Floor West and 2nd Floor Window s on the Rock

Island Arsenal, Rock Island, IL. All w ork is to be done in accordance w ith the Scope of Work (SOW) for PR 2016-6705.

In accordance w ith FAR 36.204, Disclosure of the magnitude of construction projects, the magnitude of this project is betw een $1,000,000 - $5,000,000.

This procurement is set aside as a 100% 8(a) sole source.

The draw ings referenced in the solicitation are obtained by having an active Joint Certif icate Program (JCP) account. You can obtain an active account by visiting: http://public.logisticsinformationservice.dla.mil/jcp/search.aspx and submitting the necessary documents. Once your account is active, you may request access to the draw ings in FedBizOpps (w w w .fbo.gov).

A pre-construction site visit can be scheduled by contacting Lynn Baker at lynn.d.baker8.civ@mail.mil, (309)782-5885.

LYNN BAKER 309-782-5885

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

27-Jun-2017

(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 _______14 calendar days and complete it w ithin ________360 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 ______________15 May 2017 (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 X is, 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.

W52P1J-17-C-5014

7. ISSUED BY CODE

ARMY CONTRACTING COMMAND ROCK ISLAND

BLDG 60, 3RD FLOOR

VICKI L. AHLGRIM

PHONE (309-782-3220

ROCK ISLAND IL 61299-8000

W52P1J

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (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:

W52P1J-17-R-5016 27

See Item 7

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

6WNG6

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:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$2,217,458.64 See Schedule

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)

CODE HQ049027. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DEFENSE FINANCE AND ACCOUNTING SERVICE

DFAS-INDY VP GFEBS

8899 E 56TH STREET

INDIANAPOLIS IN 46249-3800

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

PUGSLEY-BUSH 8(A) JOINT VENTURE

5401 VICTORIA AVE

DAVENPORT IA 52807-3932

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) Molly J. Lewis / Contract Specialist

TEL: 309-782-1837 EMAIL: molly.j.lewis4.civ@mail.mil

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

BY 27-Jun-2017

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

W52P1J-17-C-5014

Section SF 30 - Block 14 Continuation Page (SF 30)

AWARD NARRATIVE

1. This Firm Fixed Price contract W52P1J-17-C-5014 is issued to Pugsley-Bush 8(a) Joint Venture in support of the Replace Windows Bldg 104 1 st West and Second Floor project on the Rock Island Arsenal, Rock

Island, IL. This work will be done in accordance with the Scope of Work (SOW) dated 11 May 2017 and

Appendices attached to the solicitation and resulting contract.

2. A Notice to Proceed will be provided at the pre-construction conference to be scheduled at a later date.

Work is not to begin until the Notice to Proceed has been issued. The period of performance will begin upon receipt of the Notice to Proceed and the project must be completed within 360 days.

3. A certification of insurance, as set forth in the contract is required before work commences.

4. Please display all hot line posters at your work site per the safety requirement.

5. Pugsley-Bush’s original proposal dated 19 May 2017, revised proposals dated 19 May 2017 and 26 May

2017, and all emails regarding the clarifications of the proposals are hereby incorporated into this contract.

6. The prevailing Service Contract Act wage determination is incorporated and will be in effect the entire performance period. The most recent wage determination can be found online at:

http://www.wdol.gov/sca.aspx

7. All other terms and conditions of solicitation W52P1J-17-R-5016 and all of its amendments and attachments are hereby incorporated into this contract.

8. Attachment X is added to list of Government Point of Contacts incorporated as Attachment X.

http://www.wdol.gov/sca.aspx

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $735,619.71 $735,619.71

BASE BID - BLDG 104 1ST FLOOR W

FFP

BASE BID - BLDG 104 1st Floor W in accordance with the SOW.

**Please provide a price breakout on the spreadsheet and submit with the proposal.

1) Labor hours and rates for each labor category.

2) Unit prices and quantities of material and equipment costs.

3) Subcontractor costs.

4) Overhead and Profit.

5) Other Costs

FOB: Destination

PURCHASE REQUEST NUMBER: 0010994644-0002

NET AMT $735,619.71

ACRN AA

CIN: GFEBS001099464400001

$735,619.71

0002 1 Job $748.50 $748.50

CONTRACTOR MANPOWER REPORTING

FFP

Contractor Manpower Reporting

NET AMT $748.50

CIN: GFEBS001099464400002

$748.50

0003 1 Job $542,607.42 $542,607.42

EXERCISED

OPTION

OPTION 1 - BLDG 104 2ND FLOOR W

OPTION 1 - BLDG 104 2ND Floor W in accordance with the SOW.

3) Subcontractor costs.

4) Overhead and Profit.

5) Other Costs

NET AMT $542,607.42

CIN: GFEBS001099464400003

$542,607.42

0004 1 Job $583,577.74 $583,577.74

EXERCISED

OPTION

OPTION 2 - BLDG 104 2ND FLOOR E

OPTION 2 - BLDG 104 2nd Floor E in accordance with the SOW.

3) Subcontractor costs.

4) Overhead and Profit.

5) Other Costs

NET AMT $583,577.74

CIN: GFEBS001099464400004

$583,577.74

0005 1 Job $354,905.27 $354,905.27

EXERCISED

OPTION

OPTION 3 - BLDG 104 2ND FLOOR FRONT

OPTION 3 - BLDG 104 2nd Floor Front in accordance with the SOW.

3) Subcontractor costs.

4) Overhead and Profit.

5) Other Costs

NET AMT $354,905.27

CIN: GFEBS001099464400005

$354,905.27

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 10-JUL-2017 TO

05-JUL-2018

N/A JOE GUMPERT

MARSHA MARCELLUS

BLDG 102, 1ST FLR, SW

ROCK ISLAND, IL IL 61299-5000

W91QFD

0002 POP 10-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 10-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 10-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 10-JUL-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4001 CLAUSES/SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

(FAR 52.252-1/52.252-2)

This solicitation incorporates one or more clauses and/or solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses:

http://farsite.hill.af.mil/; http://www.arnet.gov/far/; http://akss.dau.mil/jsp/default.jsp;

(End of clause/provision)

52.0000-4003 DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for

Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

(End of clause)

52.0000-4035 ROCK ISLAND ARSENAL SITE CLAUSE (JUN 2015)

ROCK ISLAND ARSENAL SECURITY, LAW ENFORCMENT, FIRE PREVENTION, AND SAFETY

REQUIREMENTS. Any contractor personnel entering Rock Island Arsenal (RIA) as the result of this order/contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer for this order/contract.

Emergency Phone Number for Rock Island Arsenal. Dial 9-1-1 FOR POLICE, FIRE, AMBULANCE. State your name, location, nature of emergency and answer any questions the dispatcher may have. Stay on the line with the dispatcher until you are told you can hang up. If calling from a cell phone, tell the dispatcher that you are calling from the Rock Island Arsenal.

1. Operations Security (OPSEC) Review:

a. All contractor/sub-contractor employees will insure an OPSEC review is conducted through coordination with the COR, by a (level II) certified, Operations Security Officer by the originating command and/or organization prior to the release of any of the following products; (a reviewed product may be, but is not limited to), picture, map, blue print, memorandum, letter, article, academic paper, video, briefing, contract, news release, technical document, proposal, plan, order, response to Privacy Act requests, or other visual or electronic media. The obligation for prior

OPSEC review applies to releases occurring both during and after completion of the contract. If the http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://akss.dau.mil/jsp/default.jsp command/organization does not have a Level II certified OPSEC officer the review will be sent to the next higher headquarters.

b. The contractor/sub-contractor will be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control critical, sensitive and classified information that has been provided or generated under the contract.

2. SECURITY REQUIREMENTS:

a. Physical Security. The contractor shall be responsible for proper security and safeguarding of all property within designated work areas, to include all vehicles and storage areas. Loss or theft of property/equipment will be reported to RIA Police immediately upon discovery.

b. Installation Access. All personnel requesting access to Rock Island Arsenal will only enter through a manned and operational Access Control Point and present a United States National or State issued identification that is capable of being scanned for valid entry. All contractor and contractor employees' vehicles, equipment, and packages are subject to inspection or examination (search) at entry/exit of the Arsenal. Security personnel/police will conduct the inspection deemed necessary to enforce security requirements. The contractor shall comply with all installation and other applicable security regulations, requirements, and instructions.

c. Restricted Areas.

(1) Contractor personnel requiring access to a restricted area are required to obtain proper identification and authorization. Access or escort with the owner/occupant of the restricted area shall be coordinated through the

Contracting Officer’s Representative (COR).

(2) Government Administrative Office Areas. Government personnel will be working in office areas during normal working hours. Contractor employees shall cooperate with personnel in the immediate area where any service or maintenance work is being performed. Work performed after normal duty hours shall be coordinated with the Contracting Officer or his designated representative.

d. Photographic Equipment Restrictions:

(1) There are restrictions on the use of photographic devices in all non-public areas of Arsenal Island. This includes, but is not limited to, digital cameras, cell phones, and personal data assistants (PDAs) with cameras. Per

U.S. Army Regulation 360-1, taking or producing ground or aerial photographs, sketches, or graphic representations of classified military equipment or installations designated as restricted areas is punishable by law (18 United States

Code 795). Reproducing, publishing, or selling this type of material is also punishable by law unless the photograph, sketch, or graphic representation indicates it has been reviewed and cleared for release by proper authority (18 USC 797). Video, still photos, digital photos, sketches, and graphic representations are for official use only and are not authorized for public release. The contractor must get permission from the Physical Security

Office, Bldg 225, to use any type of photographic device at the Access Control Points or in any Restricted Area.

(2) Upon completion of this contract, all critical and sensitive information (video, still photos, digital photos, sketches, graphic representations, etc.) that is no longer needed, must be destroyed (burned, shredded, etc.) to prevent the inadvertent disclosure and reconstruction of this material.

e. Electronic Access. The COR must coordinate, request, and issue electronic access keys for contractor personnel. Contractor personnel must report the loss of electronic keys immediately to the COR.

f. Key Control. The Director, Public Works key custodian, thru the COR, is responsible for issuing keys to the contractor. The contractor shall establish a key control system IAW AR 190-11, Physical Security of Arms

Ammunition and Explosives, and AR 190-51, Security of Unclassified Army Property (Sensitive and Non-sensitive), to ensure that none of the keys issued to the contractor are lost, misplaced, or used by unauthorized persons. Government keys shall not be duplicated by the contractor.

(1) Replacement. The contractor shall be responsible for all costs incurred as a result of the contractor losing any key. The contractor shall reimburse the government for replacement of locks or keys required as a result of the contractor losing any key(s).

(2) Entrance to Locked Areas. The contractor shall not permit entrance to locked areas to any person (other than employees of the contractors engaged in the performance of work in those areas) without authorization by the

COR.

(3) Lock Combinations. The contractor shall ensure that no lock combinations are made available to unauthorized persons.

g. Industrial Security:

(1) Contractor personnel requiring issuance of a government Common Access Card (CAC) and/or require access to any government Automated Information System (AIS), must obtain a favorable National Agency Check with Inquiries (NACI) or equivalent personnel security investigation, initiated by the Garrison Security &

Intelligence Division.

(2) Foreign Nationals must be escorted by a US Citizen at all times. This person must be a cleared government employee or a contractor employed on RIA.

(3) Access to the installation may be denied during increased readiness or Force Protection Conditions

(FPCONs).

3. GENERAL SAFETY AND OCCUPATIONAL HEALTH GUIDANCE:

a. The Army has an overall goal of ensuring that contracted work is performed using procedures and risk controls that ensure workers, the public and the environment are not endangered.

b. Contractors must comply with applicable Federal, State, and local codes and standards, including Safety and

Occupational Health (SOH) requirements, as well as any additional specific requirements invoked by the contract.

These requirements are listed in, but not limited to: (1) DoD Instruction 6055.1, "DoD Occupational Safety and

Health Program," (2) Army Regulation 385–10, "The Army Safety Program," (3) Department of the Army Pamphlet

385–10, "Army Safety Program," (4) Occupational Safety and Health Administration, General Industry Standards, CFR 1910, (5) Occupational Safety and Health Administration, Construction Standards, CFR 1926, (6) U.S. Army

Corps of Engineers Safety and Health Requirements Manual, EM 385–1–1, (7) Local Installation Safety and Health

Regulations.

c. Army contractors will be required to have a Safety and Occupational Health Program implemented that is tailored to meet the safety requirements of each contract and the associated tasks and products of that contract. This program will be documented in the contractor’s safety plan.

d. Contract activities will be conducted in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public.

e. Contractors are responsible for the safety and health of their employees and protection of the public at contractor plants and work sites.

4. Automated Information Systems (AIS) Access:

a. The contractor will ensure that all automation systems are operated, used, maintained and disposed of IAW AR

380-5, AR 380-67, AR 25-1, DOD Directives 5200.1, 5200.1-R, 5200-40, and 5200-40M, and all other RIA and higher headquarters regulations.

b. Government Computer Access. The contractor will be responsible for the following items for personnel accessing government systems:

- No contractor computer accessing a government system will be allowed to access a non-government system through any means.

- The contractor will support compliance with all Information Assurance Vulnerability Alerts (IAVA), Information Assurance Vulnerability Bulletins, and Tech. Tips.

- The contractor will ensure that all computers and devices are accredited prior to connection to any government network.

- The contractor will report information assurance (computer) incidents immediately to their Information

Assurance Support Officer.

- The contractor will ensure that only approved virus detection software is installed on computers.

- The contractor will scan all media utilizing approved virus detection software before it is introduced into computers.

- Contractors will ensure that individuals accessing government computer systems sign and comply with the

Acceptable Use Policy (AUP) and complete initial and annual information assurance awareness training.

- The contractor will not process classified data on computers that are not accredited for classified processing.

- The contractor will not share personally assigned accounts, passwords, or PINs with anyone.

- The contractor will use Command Access Card (CAC) as the primary system access credential.

- The contractor will not allow anyone else to operate the computer while they are logged on.

- The contractor will not use unapproved accounts (such as Hotmail or Yahoo mail) for official army business.

The use of a commercial Internet Service Provider (ISP) or email accounts for official purposes is prohibited.

- The contractor will not install their personally owned software, Shareware, Freeware, Public Domain or software downloaded from the INTERNET on a government system.

- The contractor will not be simultaneously connected to a local area network and an active dial-up modem.

- The contractor will not be allowed remote management capabilities in the defense perimeter of the RIA.

5. PARKING:

a. Parking is on a first-come, first served basis, provided the parking space is not posted with a reserved, visitor or handicapped parking sign. Parking is allowed in “marked” spaces only. At no time will a contractor park within

40 feet of an inhabited building. Violator’s vehicle may be subject to ticket, or towed at contractor expense.

b. All valid spaces are clearly marked with white lines on both sides of the parking space. Vehicles parked in other than valid spaces are subject to being issued a parking ticket.

6. SMOKING POLICY: All contractor personnel must comply with local smoking policy. See COR for local policy.

7. GOVERNMENT INSPECTIONS AND INVESTIGATIONS: The government reserves the right to conduct announced or unannounced inspections and investigations at any time, pertaining to government information, equipment and/or facilities. This includes, but is not limited to, security, safety, fire prevention, and environmental inspections. The contractor shall cooperate with government officials in the conduct of all investigations.

8. REMOVAL OF CONTRACTOR OR GOVERMENT-FURNISHED PROPERTY: The following procedures are prescribed for the issuance of passes for removing contractor owned material and equipment which has been brought onto the Rock Island Arsenal by authorized contractors for use in accomplishing work under a contract, or government-furnished property which, under the terms of a contract, may properly be removed by the contractor.

a. It will be the responsibility of the contracting officer, or designated inspector, to determine that property being removed by a contractor is property of the contractor, or government-furnished property being removed under the terms of the applicable contract. In case government-furnished property is involved, it will be the responsibility of the individuals designated above to insure that all accounting papers prescribed by the contract or other regulations have been completed before the contractor is permitted to remove the property.

b. All contractor owned property will be labeled with the contractor’s name for quick identification.

9. EQUAL EMPLOYMENT OPPORTUNITY (EEO) SERVICES: EEO does not service contractors. However, if a government employee allegedly discriminates against a contractor employee, the RIA Garrison EEO office should be contacted.

52.0000-4036 REQUIRED INSURANCE

Dec 2010

Pursuant to paragraph (a) of FAR Clause 52.228-5, ”Insurance – Work on a Government Installation”, or

FAR Clause 52.228-7, “Insurance – Liability to Third Persons”, the Contractor shall procure and maintain the following insurance during the entire period of performance under this contract:

TYPE AMOUNT

Worker’s Compensation As required by Law

Employer’s Liability Minimum liability limit $100,000

General Liability Minimum bodily injury limits, $500,000 per occurrence

Automobile Liability Minimum liability of $200,000 per person, $500,000 per occurrence for bodily injury, and

$20,000 per occurrence for property damage

Aircraft Public and Passenger Coverage required when contract performance

Liability involves use of aircraft:

Minimum liability of $200,000 per person, $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Passenger liability shall be at least $200,000 multiplied by the number of seats or number of passengers, whichever is greater.

Vessel Collision Liability Coverage required when contract performance involves use of vessels:

Minimum liability of $5,000,000 or the market value of the property being shipped by vessel, whichever is greater

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ___20_____ percent of the bid price or $_3M_______, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2016

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

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

252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the

Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.

Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

U.S. Small Business Administration

Illinois District Office

500 West Madison Street, Suite 1150

Chicago, IL 60661

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the

Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that--

(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

(End of Clause)

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

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

52.203-8 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

52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984

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

Content Paper

MAY 2011

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

52.215-2 Audit and Records--Negotiation OCT 2010

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

52.219-8 Utilization of Small Business Concerns NOV 2016

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

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

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 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

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners.

JUN 2016

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-9 Buy American--Construction Materials MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

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

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 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

52.236-4 Physical Data 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

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

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

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.244-6 Subcontracts for Commercial Items JAN 2017

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.248-3 Value Engineering-Construction OCT 2015

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

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea APR 2014

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.0000-4037 U.S. DEPARTMENT OF LABOR WAGE DETERMINATIONS (MAY 1993)

ONLY THOSE ITEMS MARKED WITH AN 'X' APPLY:

[ ] (a) The following United States Department of Labor Wage Rates Decision Number is applicable to this procurement: [ENTER DECISION NO., DATE AND MODS, IF APPLICABLE]

[X] (b) Wage determinations of the Secretary of Labor are attached.

[ ] (c) Wage determinations are not attached:

[ ] are not applicable to this solicitation.

[ ] are pending decision by Department of Labor and may be added by amendment.

52.0000-4919 CONTRACTOR PERFORMANCE INFORMATION (DEC 2005)

The successful offeror/bidder under this solicitation is advised that after contract award its performance under this contract will be subject to an assessment(s) in accordance with FAR 42.15 and AFARS 5142.1503-90. The

Department of Defense (DoD) Contractors Performance Assessment Reporting System (CPARS) will be used to maintain the performance report(s) generated on this contract. The rating system to be used in this assessment shall be as follows:

Exceptional (Dark Blue) – Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good (Purple) – Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory (Green) – Performance meets contractual requirements. The contractual performance of the element or sub element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal (Yellow) – Performance does not meet some contractual requirements. The contractual performance of the element or sub element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory (Red) – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub element contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

The evaluation procedures to be used in this assessment, which include coordination with the contractor, are detailed in AFARS 5142.1503-90.

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

The Contractor shall be required to (a) commence work under this contract within 14 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 360 days. The time stated for completion shall include final cleanup of the premises.

52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS (JAN 2017)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small

Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements, delegates to the Contractor the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the Contractor shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the Contractor.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the

Contracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the COR and Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (JAN 2017)

(a) The Small Business Administration (SBA) has entered into Contract No W52P1J-17-C-5014 with the Pugsley

Bush 8(a) Joint Venture to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The _________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No W52P1J-17-

C-5014 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the Pugsley Bush 8(a) Joint Venture with complete authority to take any action on behalf of the

Government under conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the Army

Contracting Command Rock Island.

(4) That it will notify the Army Contracting Command Rock Island Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the Army Contracting Command Rock Island.

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

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

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 ( X) is, ( ) is not a small business concern under NAICS Code 236220- assigned to the contract resulting from this solicitation.

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until

30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the

Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at…

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