Solicitation_SP_620_Project_16-B-0004_08_JUN_16.pdf

0010808807

SP 620 Sew age Lift (Pumping/No-Grinding) Station Upgrade and Repair

a. This project is to complete specif ic upgrades and repairs to the SP 620 Sew age Lift Station on Fort Riley, KS. See Exhibit A - Statement of Work (SOW).

b.. Prospective Bidders shall insert their Commericial and Government Entity (CAGE) Code in Block 14 of this form.

c. Prospective Bidders shall be registered in the System For Aw ard Management (SAM) Website, w ith updated Representations and Certif ications. Registrations shall be kept active throughout the duration of the project.

d. Prospective Bidders shall complete SECTION K and submit this information w ith their bid.

e. Prospective Bidders shall submit their bid in a sealed envelope in accordance w ith Section L.

f. Project order of magnatude is betw een $100,000.00 - $200,000.00

g. A Site Visit w ill be held on TBD July 2016 @ TBD hours. Bidder shall complete and return the Site Visit Registration and Base Access Request Forms and return this to the Contracting Off ice no later than TBD July 2016 @ TBD Hours (CST) via e-mail to jerry.o.andes.mil@mail.mil.

h. A Bid Opening w ill occur on TBD July 2016 @ TBD Hours (CST). No bids w ill be accepted once the bid opening procedures have been initiated.

X

JERRY O. ANDES II 785.239.5847

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

08-Jun-2016

(RFP)

(IFB)

CALL:

Repairs and Upgrades to the SP 620 Sew age Lift Station

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 ________100 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ (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.

7. ISSUED BY CODE

MICC - FORT RILEY

1792 12TH STREET

FORT RILEY KS 66442

W911RX

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

F5-00024-6J

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

FAX:TEL: 785-239-9887 TEL: FAX:

W911RX-16-B-0004 45

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

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Lift Station SP620

FFP

Repair Lift Station SP620. See Exhibit A - Statement of Work (SOW) for a full description of the work required to complete this project.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010808807

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each Bonding

FFP

Payment For Performance & Payment Bond is for actual costs of obtaining required bonding. Proof of a Performance & Payment Bond is due to the Contracting Officer no later than 10 days after contract award. See FAR Clause 52.228-15 for more information.

NET AMT

Section C - Descriptions and Specifications

DESCRIPTIONS & SPECIFICATIONS

See Exhibit A - Statement of Work (SOW)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996 52.246-13 Inspection--Dismantling, Demolition, or Removal of

Improvements

AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

INSTALLATION DELIVERY INFO

IMPORTANT DELIVERY INFORMATION

1. Effective immediately all commercial vehicles delivery access is restricted to the 12th Street and Estes Access Control Points (ACP). Cargo and/or load carrying vehicles one

(1) ton and above are directed to access Fort Riley Installation by using one (1) of these designated ACPs. The ACP will be open from 5:00 a.m. to 7:00 p.m. Monday through Friday and Saturday 8:00 a.m. to 5:00 p.m. The ACP is closed on Sundays and all federal holidays.

12th STREET ACP: The 12th Street ACP can be accessed from Interstate I-70, take Exit 303, head North direction and take the 12th Street Exit. The 12th Street ACP can also be accessed from KS Highway 18 North of the Kansas River Bridge.

ESTES ACP: The Estes ACP can be accessed from Interstate I-70, take Exit 295 and head North on US Highway-77, exit on Old Highway-77, and take Estes road onto the access control point. Estes ACP can also be accessed from US Highway-77.

2. Commercial vehicle driver(s) and/or passenger(s) must complete a successful National Crime Information Center Interstate Identification Index (NCIC III) background check to enter the installation and issued either a Fort Riley visitor pass or Fort Riley

3. Driver(s) shall provide a valid State Driver’s License, proof of insurance and vehicle registration in order to receive a Fort Riley Visitor Control Center (VCC) Access pass. Passenger(s) must present a valid driver's license or government issued photo ID for installation access

4. Commercial vehicle deliveries are accepted between 7:30 a.m. to 2:00 p.m (CST) Monday through Friday. The installation does not provide overnight parking. All deliveries must be accepted and off loaded the same day.

5. The bill of lading shall have the Contract Number and Fort Riley delivery point of contact’s name and phone number. This includes the bill of lading presented by third party and subsequent shippers.

6. RAPIDGate passes will no longer allow contractor personnel continued access onto the installation. Persons with existing RAPIDGate passes will require an installation access pass or badge effective 1 April 2015

7. A pre-registration form [FR Form 103 Feb 2015] is available as .pdf download @ http://www.riley.army.mil/Portals/0/Docs/Services/RileyServices/EmergencySvcs/FRfm1 03ReqAccessPass.pdf. This form can also be obtained by doing an Internet Search for "Fort Riley Form 103. The form can be filled-out at any time and turned-in at the 12th Street ACP or Estes ACP.

8. An increased Force Protection Condition (Bravo, Charlie or Delta) shall require all vehicles used to deliver supplies under this contract to use 12th Street or Estes Gate only. Compliance with enhanced Force Protection Conditions is mandatory and shall be at no cost to the Government. For Fort Riley FBCON status, advisories, daily traffic update and other access control points hours of operations, go to:

http://www.riley.army.mil/AboutUs/Advisories.aspx It is the Contractor’s responsibility to check this website and relay the information to their carriers.

9. Fort Riley Directorate of Emergency Services retains the right to refuse entry to the installation. Refusal of entry shall not relieve the prime contracted vendor from its responsibility to deliver as agreed to, or there be an additional cost to the Government resulting from refused entry. For questions pertaining to the Fort Riley access control procedures, call Directorate of Emergency Services, Security Branch @ (785) 239-3138.

10. Reporting Suspicious Activity: The iWATCH is an Army wide initiative aimed at promoting heightened awareness and vigilance against terrorism. It is the Contractor’s responsibility to report any suspicious activity to the Fort Riley Police Department @

(785) 239-6767, or Antiterrorism Office @ (785) 239-6303/6044. For additional information go to: http://www.riley.army.mil/Community/iWATCH.aspx.

11. In order to comply with Federal Real ID Act standards, starting March 1, 2016, Fort Riley will require additional identification for visitors with a driver's license from the following states:

Illinois, Minnesota, Missouri, New Mexico, and Washington Acceptable forms of ID include:

U.S. passport or U.S. passport card.

Permanent resident card or Alien Registration Receipt Card (INS Form 1-551).

Foreign passport w ith a temporary (1-551) stamp or temporary (1-551) printed notation on a machine readable immigrant visa.

Foreign passport with a current arrival-departure record (INS Form 1-94) bearing the same names as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.

Employment authorization document that contains a photograph (INS Form 1-766).

In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with INS Form 1-94 or INS Form l-94A bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, as long as the endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.

Driver's license or identification card issued by a State or outlying possession of the United States, provided it contains a photograph and biographic information such as name, date of birth,gender, height, eye color,and address.

Identification card issued by Federal,State, or local government agencies, provided it contains a photograph and biographic information such as name, date of birth, gender, height, eye color, and address.

School ident ification card with a photograph.

U.S. Military or draft record.

U.S. Coast Guard Merchant Mariner Card or TWIC.

Native American tribal document.

* For persons under the age of 18 who are unable to present a document listed in paragraphs 2.a. through m. of this attachment:

School record or report card.

Day care or nursery school record.

Birth certificate.

Visitors with a valid Department of Defense - issued ID card are not affected by this change. For more information about Real ID, visit http://www.dhs.gov/real -id-public-faqs.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 110 dys. ADC 1 PUBLIC WORKS

CHARLES SMITH

INSPECTION BRANCH BLDG 408

FORT RILEY KS 66442

(785) 239-3739

W55CU6

0002 10 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

W55CU6

52.211-13 Time Extensions SEP 2000 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 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 100 calendar days after the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.233-1 Disputes MAY 2014

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

As prescribed in 232.7004(b), use the following clause:

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

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

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

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

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

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

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

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

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

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

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

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

Construction Invoice (Contractor) Invoice and Receiving Report (COMBO) Invoice as 2-in-1 (Services)

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

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

Destination/Government (Contracting Officer: Insert inspection and acceptance locations or ``Not applicable.'')

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DODAAC: HQ0490 Issue By DODAAC: W911RX Admin DODAAC: W911RX Inspect By DODAAC: W55CU6 Ship To Code: W55CU6 (*Contracting Officer: Insert applicable DODAAC information or ``See schedule'' if multiple ship to/acceptance locations apply, or ``Not applicable.'')

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

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

larry.d.graham12.civ@mail.mil jerry.o.andes.mil@mail.mil charles.a.smith260.civ@mail.mil (Contracting Officer: Insert applicable email addresses or ``Not applicable.'')

(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.

“Not Applicable” (Contracting Officer: Insert applicable information or ``Not applicable.'')

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

5152-233-9000

5152.233-9000 Army Contracting Agency Executive Level Agency Protest Program.

(APR 2004)

(a) This contract is eligible for the HQ, Army Contracting Agency (ACA) Executive-Level Agency Protest (ELAP) program, as an alternative to the usual provisions applicable for Agency protests under FAR

33.103. An ELAP is a "PROTEST TO THE AGENCY," within the meaning of FAR 33.103. The ELAP is intended to encourage interested parties to seek resolution of their concerns within ACA, rather than filing a protest with the General Accounting Office (GAO) or other external forum. After an interested party files an ELAP protest on an ACA procurement to HQ, ACA and while that protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If a protest is filed with an external forum on the same solicitation as the ACA ELAP protest, the ACA, ELAP protest will be dismissed. A party wishing to file an agency protest may either file a normal agency protest where the resolution is made at the contracting officer’s level; or, in the alternative, file an ELAP protest, where resolution is made at HQ, ACA.

(b) An interested party may file a written protest to the Agency under the Executive-Level Agency Protest program for contract solicitations arising and performed within the continental United States. Such Executive-Level Agency protests are limited to objections to any of the following:

(1) A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

(2) The cancellation of the solicitation or other request.

(3) An award or proposed award of the contract.

(4) A termination or cancellation of an award of the contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.

(c) Voluntary Automatic Stay. This clause describes the circumstances under which the ACA voluntarily agrees to stay performance of a contract in consideration of a decision by an interested party to file an Army Contracting Agency (ACA) Executive Level Agency Protest (ELAP), as permitted by FAR 33.103(f)(4).

(1) In a standard post-award agency protest, the agency must not proceed with contract performance, pending resolution of the protest. This is known as an “automatic stay” and it mirrors the stay required under a timely post-award protest to the General Accounting Office (GAO) under 31 U.S. Code 3553(c) and FAR 33.104(c) (a “Competition in Contracting Act (CICA) Stay”). However, if the agency determines that performance must proceed, based upon the criteria set forth in FAR 33.103(f)(1), the automatic stay may be overridden. This is known as an automatic stay “override.”

(2) The CICA stay applies only if the GAO protest is filed within 10 days from notice of award, or within 5 days of a required debriefing. A firm may file an agency protest and, if it is dissatisfied with the agency’s protest decision, may wish to file a follow-on GAO protest. Under normal circumstances, a protester that goes to the GAO after receiving an adverse agency decision will find that the GAO may take jurisdiction and actually render a recommendation, but that the CICA Stay no longer applies.

(3) The ACA voluntarily agrees to stay performance of a contract when an interested party files a timely protest under the ELAP Program. Should the interested party disagree with the ACA's resolution of an ELAP protest, it may utilize another protest forum without prejudice. The ELAP Voluntary Automatic Stay extends the protester’s right to preserve the status quo pending resolution of all protests with respect to a particular contract action. In return for the protester’s initially filing its protest as an ELAP instead of with the GAO, the contracting officer agrees that, if the protester ultimately disagrees with the ELAP decision and files a GAO protest, the agency will agree not to proceed with performance just as it would have done if the protester had filed its protest with the GAO right from the start. This means that in an ELAP protest, the agency may override the stay under the same standards and circumstances as would have applied if the protest had originally been filed with the GAO. Nothing in this clause adversely affects an interested party’s rights to protest a contract action to the GAO, or to seek other relief related to the action.

(d) An Executive-Level Agency protest may be filed with the Contracting Officer designated in paragraph (g) of this clause for resolution of protests, or, with the ACA Chief Counsel at HQ, ACA at, 5109 Leesburg Pike, Suite 302, Falls Church, VA 22041-3201.

(e) For the purpose of filing an ELAP protest, an interested party means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. The ACA Chief Counsel is the ELAP Protest Decision Authority.

(f) An ELAP protest must include the protester's name, address and telephone number, including fax number; the solicitation or contract number, identity of the contracting activity and the contracting officer's name; a detailed statement of all legal and factual grounds for protest (mere disagreement with the decisions of contracting officers does not constitute grounds for protest), including copies of all relevant documents; a request for a ruling; and, a request for relief. All protests must be signed by an authorized representative of the protester and must state it is an ACA Executive-Level Agency Protest.

(g) Executive-Level Agency Protests, as defined in FAR 33.101, may be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Headquarters U.S. Army Materiel Command Office of Command Counsel‐Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898‐5000 Fax: (256) 450‐8840 or e‐mail: usarmy.redstone.usamc.mbx.protests@mail.mil

LARRY D. GRAHAM

Contracting Officer Mission and Installation Contracting Command 1792 12th Street Fort Riley, Kansas 66442 EMAIL: larry.d.graham12.civ@mail.mil

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 EMERGENCY MEDICAL TREATMENT

Emergency medical treatment will be provided by Irwin Army Community Hospital (IACH) Fort Riley in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends.

Charges for medical care will be at the prevailing rate and at the Contractor's expense.

NOTE: Use of Cell Phone is authorized to dial 911 for emergency services while on Fort Riley. Use land line or cell phone to dial (785) 239-6767.

H.2 FIRE PROTECTION AND PREVENTION

The Contractor shall comply with all fire prevention measures prescribed in the installation's Fire Protection Regulations which are in or may be put into effect during the course of performance of work under the contract.

Copies of the aforementioned fire regulations are on file in the office of the Contracting Officer or his designated representative. The Contractor shall be liable for loss of Government property attributable to negligent or willful misconduct of the Contractor or its employees, including failure to comply with the fire prevention measures prescribed in the aforementioned regulations. The Contractor or its responsible employees shall be required to make a thorough inspection at the close of operations in each building where work under the terms of the contract has been accomplished to determine that all necessary safeguards relative to probable fire hazards are in effect.

The Contractor shall familiarize its employees engaged in work under the contract with the aforementioned fire regulations, location of fire hazards and reporting procedures. The Fire Chief of the installation may be contacted for any additional information or clarification on fire prevention and protection matters.

H.3 REQUIRED INSURANCE.

Reference FAR Clause 52.228-5 entitled, Insurance--Work on a Government Installation.

Before commencing on-site operations, the Contractor shall provide the Contracting Officer evidence (i.e.

Certificate Of Liability Insurance) of the following minimum insurance coverage:

a. Statutory worker's compensation and employer's liability insurance (as applicable): $100,000 or as prescribed by The State of Kansas, whichever is greater.

b. General liability – At minimum, bodily injury liability insurance in the amount of $500,000 per occurrence.

c. Automobile liability (comprehensive): At a minimum, $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Bodily injury liability and property damage liability shall cover the operation of all automobiles, trucks, vehicles and other mobile equipment used in connection with the performance of the contract.

d. Insurance coverage shall be maintained continuously throughout the entire contract performance period, including any exercised options. All subcontracts shall provide the same coverage under the same terms.

The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request. All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor provides written notice of the cancellation or change in coverage to the Contracting Officer at least 30 days prior to the cancellation/change taking affect, signed by the Contractor’s insurance carrier. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval in accordance with FAR 28.308(c).

H.4 COMPLIANCE WITH IMMIGRATION LAWS

H.4.1 The Contractor shall warrant that, in the performance of its obligation under this Agreement, that all goods and/or services to be furnished hereunder will be manufactured and/or furnished by the Contractor and/or its subcontractors in compliance with all applicable Federal, state and local laws, executive orders, rules and regulations. These include, but are not limited to, the immigration laws of the United States. Contractor’s employees shall be citizens of the United States, or shall be resident aliens with appropriate permissions and documentation to work in the United States.

H.4.2 The Contractor shall indemnify and hold the Government harmless to the full extent of any loss, damage, or expense incurred by the Government resulting from violation by the Contractor or its lower tier subcontractors of any federal, state, or local law or regulation. Delay resulting from violation will not be considered excusable delay as provided for elsewhere in this agreement. Delay resulting from violation shall not relieve the Contractor from their responsibility to deliver as agreed to. Corrective actions shall not result in additional cost to the Government.

Where correction of goods or services will not satisfy the Government requirement, consideration shall be provided to the Government.

H.5 POLLUTION PREVENTION ACT CLAUSE, FORT RILEY LOCAL, 15 DECEMBER 2005

H.5.1 Contractors must comply with Public law 101-508, 5 November 1990 (PPA pf 1990) and the Fort Riley, Environmental Management Plan (EMP). Compliance with the PPA and EMP requires the following of Contractors to:

a. Prevent or reduce pollution at the source whenever feasible (i.e., limit quantity and toxicity of material(s) used).

b. Recycle in an environmentally safe manner, whenever feasible (e.g., filtration and reuse of solvents, recycleantifreeze and oil etc.). Contractors may present a company letter or recycle records to satisfy requirement.

c. Comply with the Fort Riley Environmental Management Plan (EMP) and other site-specific plans regarding recycling of materials and handling of wastes.

d. Coordinate the sampling of wastes generated on Fort Riley by contacting the Hazardous Waste Program Coordinator at least 60 days prior to the anticipated turn-in date to the Defense Reutilization and Marketing Office (DRMO) or transporting the waste off Fort Riley.

e. Ensure proper disposal of wastes generated on Fort Riley that otherwise cannot be reused, recycled, or treated in accordance with applicable laws and regulations.

(i) Long-term contractors, and short-term contractors, generating 550 gallons or less of controlled materials and industrial, universal, or hazardous waste per quarter, must turn in their controlled materials and waste to DRMO according to the guidelines contained in the EMP. Turn-in document numbers can be obtained from the directorate responsible for the contract.

(ii) Short-term contractors, generating more than 550 gallons of controlled and industrial, universal, or hazardous waste per quarter, must arrange for disposal off-site in accordance with applicable laws and regulations. The Environmental Division, Hazardous Waste Program Coordinator must approve and sign profile sheets, manifests, and land disposal restriction notifications. The Contractor must obtain any special disposal permits.

f. Obtain approval from the Environmental Division’s Solid Waste Program Coordinator prior to disposing construction-related waste in Fort Riley’s Construction/Demolition Debris C/D Landfill must be disposed as industrial waste.

g. Dispose of Wastes that cannot be reused, recycled, or treated in accordance with all applicable laws and regulations.

H.6 RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR AND CONTRACTOR PERSONNEL

The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master servant relationship exists or will exist under the contract between the Government and the Contractor and/or between the Government and the Contractor's personnel. The Contractor personnel shall be responsible, not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government. The Government will not exercise any supervision or control over Contractor personnel performing services under this contract. Contractor personnel shall not be placed under the supervision, direction, or evaluation of a Federal Officer, military or civilian, in connection with performance under this contract.

Rules, regulations, directives, and requirements which are issued during the contract term by Department of Army and local Provost Marshal activities under their responsibility for law and order, administration and security on the installation shall be applicable to all Contractor personnel or representatives who enter the installation, or who travel on Government transportation. This requirement shall not be construed or interpreted to establish any degree of Government control which is consistent with the intent of a personal services contract. Contractor personnel or representatives shall be subject to such checks as may be deemed necessary to assure that their presence on the installation does not violate these requirements. No employee will be permitted on the installation when such a check reveals that his presence would be detrimental to the security of the installation or the accomplishment of work. When directed by the Contracting Officer, the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of misconduct or breaches of security in connection with his or her employment. Removal of an employee does not relieve the Contractor of its responsibility to perform the requirements specified within the contract. In other instances, the Contractor shall take appropriate personnel action as required in the event of employee misconduct in connection with his or her employment.

The services to be performed under this contract shall not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees shall act and exercise personal judgment and discretion on behalf of the Contractor.

Contractor and Contractor personnel shall not be considered employees of the Federal Government and shall not be eligible, by virtue of performance under this contract, for payment by the Government of entitlements and benefits accorded federal employees.

H.7 SAFETY AND SAFETY PLAN

a. The Contractor shall be responsible for complying with applicable OSHA standards, DOD, Army (AR 385-10), Federal, state, and local safety and health requirements.

b. The Contractor submit a written site–specific plan implementing OSHA standards and DOD, Army, Federal, state, and local safety and health requirements to the Contracting Officer for acceptance within 10 days of the contract award date. The plan shall include

1. An activity hazard analysis of the significant hazards to life, limb, and property inherent in the specific contract work performance and a plan for controlling these hazards.

2. Designation of the contractor quality control qualified personnel primarily responsible for safety and health at the project site.

3. Reporting unsafe or hazardous conditions caused by elements out of its control (for example, public or

Army personnel, other contractor work activity, and so forth) to the contracting officer.

4. Reporting all accidents, injuries and illnesses occurring on the project to the contracting officer.

5. Accident investigation and reporting procedures.

6. Contractor quality control safety duties, consisting of (but not limited to)—

a. A pre–work review of appropriate activity hazard analysis.

b. Workforce safety training.

c. Daily safety compliance checks of the contractor and subcontractor workforces, with records detailing safety quality control activities, including items/areas checked, the results, and any instructions/ corrective actions.

H.8 CONTRACTOR MANPOWER REPORTING

The Contractor shall report ALL contract labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [Department of the Army] via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil/ and then click on “Department of the Army CMRA” or the icon of the DoD Organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs October 1 through September 30. While inputs may be reported any during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractor may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil/. The required data fields include:

(1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative;

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

(5) Estimated direct labor hours (including sub-contractors);

(6) Estimated direct labor hours paid this reporting period (including sub-contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Product Service Code (PSC)/Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant PSC/FSC for each sub-contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring

Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor, and sub-contractor employees deployed in theater this reporting period (by county).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

H.9 ALTERNATE DISPUTES RESOLUTION

In furtherance of Federal policy and the Administrative Dispute Resolution Act of 1990 (ADR Act), Public Law 101- 552 and FAR Clause 52.233-1, Subparagraph (d) (2) (1) (B) (2), the Contracting Officer will try to resolve all post award acquisition issues in controversy by mutual agreement of both parties. Interested parties are encouraged to use alternative dispute resolution procedures to the maximum extent practicable, in accordance with the authority and requirements of the ADR Act.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 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

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-20 Alt IV Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data (Oct 2010) - Alternate IV

OCT 2010

52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate IV

OCT 2010

52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 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 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015

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 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 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 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-14 Irrevocable Letter of Credit NOV 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

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 52.236-8 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 52.236-17 Layout of Work APR 1984 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 52.246-21 Warranty of Construction MAR 1994 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 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 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 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

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

SEP 2014

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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

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 $69.94 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.

52.219-28 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…