W911XK23R0032 (FINAL).pdf

SEE ADDENDUM

(No Collect Calls)

W911XK23R0032 18-Sep-2023

b. TELEPHONE NUMBER

313-226-2767

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Oct 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911XK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHELLE BARR

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S.ARMY ENGINEER DISTRICT, DETROIT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: (313) 319-0617 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF100

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section A - Solicitation/Contract Form

INFORMATION FOR OFFERORS

1. INTENT

a. The Government intends to award a target of three (3) Blanket Purchase Agreements as a result of this solicitation. This Blanket Purchase Agreement (BPA) is established for recurring services required for the inspection and maintenance of fixed and floating crane equipment, supplying/installing maintenance/repair parts, crane rigging component inspection, repair, replacement, and supply, and short-term crane rental located at USACE Detroit District facilities located along Lake Superior, Lake Michigan, Lake Huron, and the western portion of Lake Erie. The majority of crane services will be performed at Duluth, MN, Sault Ste. Marie, MI, and Detroit, MI.

b. This requirement is a Firm-Fixed-Price (FFP) master BPAs with a $6,000,000 shared capacity over four (4) years. FFP call orders will be issued against the BPA(s) with a minimum value of $2,500. The maximum value of any individual call will not exceed $500,000. If the Government requests pricing for a call valued in excess of $500,000, then unit prices may be verified and be subjected to negotiation to arrive at a fair and reasonable price for that call.

2. BASIS OF AWARD

Award will be made to the Lowest Priced Offeror that meets the requirements as laid out in this RFP and is determined to be responsible by the Contracting Officer. See Section M for Evaluation of Proposals on the basis of Award. The Government may also choose to negotiate if only one offer is received.

3. GENERAL

a. This procurement is for Full and Open Competition, Unrestricted to Business Size.

b. The North American Industry Classification System (NAICS) Code for this work is 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance which has a business size standard of $12,500,000.00.

c. This solicitation is a Request for Proposals, and a prospective contractor is to submit an offer in the form of a proposal. The terms “bid” and “bidder”, where used in standard forms, clauses, and requirements, shall be construed as having the same meaning as “offer” and “offeror” in this solicitation and resulting agreement.

d. All offerors are reminded to complete all FAR and DFARS provisions related to Representations and

Certifications. An offeror may complete the certifications at https://www.sam.gov in lieu of completing and submitting the representations and certifications contained in this solicitation provided that all FAR and DFARS certifications contained in the solicitation has been completed online.

e. Remember to fill in and sign the Standard Form (SF) 1449 on the front of the Solicitation, before submission.

f. Offerors are advised that this requirement may be delayed, cancelled, or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process.

4. REGISTRATION IN SAM

a. The System for Award Management (SAM) is the Government’s online database of federal contractors.

Contractors self-register in SAM at the website www.sam.gov. Registration is free to all users.

b. Effective September 26, 2018, and in accordance with FAR Provision 52.204-7 SYSTEM FOR AWARD MANAGEMENT, “An Offeror is required to be registered in SAM.gov when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic performance, basic ordering agreement, or blanket purchasing agreement resulting from this Solicitation.” Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting a quote.

c. Please note: SAM requires new and updated accounts to be accompanied by a notarized letter appointing the authorized Entity Administrator for their SAM account(s). Acceptance of the letter and subsequent approval of SAM registration can take up to two months. Offerors who are not currently registered in SAM are encouraged to start the registration process as soon as possible to ensure it is complete prior to any proposal submission. In addition, ensure your SAM account indicates your firm is eligible for “All Awards”.

d. See FAR Provision 52.204-7 for more information.

5. REQUESTS FOR INFORMATION

a. Prospective offerors shall submit questions concerning this Solicitation through the Bidder Inquiry function in ProjNet at www.projnet.org/projnet. This is the Corps of Engineers’ standard platform for receiving and responding to questions and requests for information.

b. All questions and responses will be visible to all registered users who sign into the system for this solicitation.

c. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

d. From this page, you may view all bidder inquiries or add inquiry

e. Identification of this solicitation:

i. Project Name: BPA Crane Inspections and Repairs

ii. Solicitation Number: W911XK23R0032

iii. Bidder Inquiry Key is: YIKG4C-DUJP22

f. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

g. Offerors shall not include identifying information in any submitted inquiry.

h. Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

i. The Bidder Inquiry System will stop receiving new inquiries 10 business days prior to the suspense in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

j. Offerors are requested to review the specifications and the solicitation documents in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

k. The Bidder Inquiry System call center operates weekdays from 8AM to 5PM U.S. Central Time Zone

(Chicago). The telephone number for the Call Center is 800-428-HELP.

l. Once all inquiries are compiled and addressed, the questions and answers will be available in ProjNet so all interested parties can view the questions and responses. If there is a change to the requirement an amendment will be generated and posted to the sam.gov website.

6. SUBMISSION OF PROPOSALS

a. INTRODUCTION: To assure timely processing of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements. The Offeror shall submit all requested information specified in the solicitation by the closing date and time specified.

b. Failure to include all required information may cause the offer or proposal to be considered non-responsive and not considered further for award.

c. GENERAL OFFER/PROPROSAL SUBMISSION REQUIREMENTS. ELECTRONIC PROPOSALS. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FedEx delivery of hard copies and/or CDROMs are not authorized. Facsimile submission is not authorized. Submit all documents to the following via email:

Lisa May, Contracting Officer at Lisa.M.May@usace.army.mil Michelle Barr, Contract Specialist at michelle.barr@usace.army.mil Contracting Mailbox at LRE-Proposal@usace.army.mil

d. It is the responsibility of the Offeror to obtain written confirmation of receipt of all electronic files by the

Contracting Office. Include the Solicitation No. W911XK23R0032 in the email subject line. Please note:

Attachments over 25MB may not transmit through email and larger attachments may take additional time to transmit.

e. Offers/Proposals shall be received by the date and time as indicated in Block 8 of the SF 1449.

f. Failure to include all required information may cause the proposal to be considered non-repsonsive and not considered further for award.

g. Failure to comply with the included instructions may result in an offeror not being eligible for award.

h. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a proposal submission is considered timely, the government considers the date and time the submission is received by the Government. Do not assume that electronic communication is instantaneous. Submissions after the deadline will be considered late and will be processed in accordance with FAR 15.208.

7. AMENDMENTS

Acknowledgement of each amendment must be made by returning a signed copy of the amendment along with proposal submission by the time set for receipt of offers/proposals. Oral explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. For security reasons; all potential Offerors, plan rooms and printing companies are required to register in SAM at www.sam.gov.

Section B - Supplies or Services and Prices

PRICING SCHEDULE

1. Other costs as appropriate for individual calls.

2. Costs include all labor, equipment, fuel, fees, taxes, delivery costs, overhead, management, and supervision.

Item Description Unit Work

Performed by Unit Price

Year 1 Unit Price

Year 2 Unit Price

Year 3 Unit Price

Year 4

Manitowoc Mechanic Hour $ $ $ $

Manitowoc Mechanic Overtime Hour

Liebherr Mechanic Hour

Liebherr Mechanic Overtime Hour

Amclyde Mechanic Hour

Amclyde Mechanic Overtime Hour

Other Crane Mechanic Hour

Other Crane Mechanic Overtime Hour

Round-Trip Mobilization to and from Sault Ste. Marie, Michigan

Each

Round-Trip Mobilization to and from Detroit, Michigan

Each

Round-Trip Mobilization to and from Kewaunee, Wisconsin

Each

Round-Trip Mobilization to and from Duluth, Minnesota

Each

Round-Trip Mobilization to and from Chicago, Illinois (vicinity)

Each

Overnight Lodging at Sault Ste. Marie, Michigan

Night/Person

Overnight Lodging at Detroit, Michigan

Night/Person $ $ $ $

Overnight Lodging at Kewaunee, Wisconsin

Night/Person $ $ $ $

Overnight Lodging at Duluth, Minnesota

Night/Person $ $ $ $

Overnight Lodging at Chicago, Illinois

Night/Person $ $ $ $

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

BLANKET PURCHASE AGREEMENT

CRANE INSPECTION AND MAINTENANCE SERVICES

U.S. ARMY CORPS OF ENGINEERS (USACE), DETROIT DISTRICT

PERFORMANCE WORK STATEMENT

General

This Blanket Purchase Agreement (BPA) is established for recurring services required for the inspection and maintenance of fixed and floating crane equipment, supplying/installing maintenance/repair parts, crane rigging component inspection, repair, replacement, and supply, and short-term crane rental located at USACE Detroit District facilities located along Lake Superior, Lake Michigan, Lake Huron and the western portion of Lake Erie.

The majority of crane services will be performed at Duluth, MN, Sault Ste. Marie, MI, and Detroit, MI.

Period of Performance

This Agreement will be for a four (4) year ordering period from any awarded agreement, or when the total ordering limit is reached. New orders (calls) cannot be placed after the expiration date of an agreement.

Value of Individual Orders (Calls)

Call orders will be issued against the BPA(s) with a minimum value of $2,500. The maximum value of any individual call will not exceed $500,000. If the Government requests pricing for a call valued in excess of $500,000, then unit prices may be verified and be subjected to negotiation to arrive at a fair and reasonable price for that call.

Contract Value

It is intended that calls will be placed against each BPA that is awarded; however, there is not a minimum guaranteed for the agreement.

Maximum value of the agreement pool is $6,000,000.00. This limit may be reached by an accumulation of individual calls placed during the performance period for the agreement. New calls cannot be placed against the BPAs after the maximum pool value has been reached. New calls cannot be placed with a value that would result in exceedance of the maximum agreement value.

There is no limitation on the number of calls placed within a single year, as long as, the Maximum Dollar Threshold is not exceeded.

Basis of Award for Individual Calls

Service requests may be issued on a sole-source or competitive basis. Sole-source requests will be awarded upon determination by the USACE Contracting Officer that a fair and reasonable price has been proposed for the applicable call. Competitive requests/calls may be offered to multiple BPA holders and awarded based on the lowest proposed price and/or other factors that will be described in the call request for quote. BPA holders shall be informed if the individual call is issued as a sole-source basis or a competitive basis at the time of the request for quote.

1. Description of Service

The Contractor shall provide qualified service personnel, parts, labor, management, documentation, supervision, and administration to inspect, repair, and maintain Government-owned cranes in the area of responsibility.

USACE Detroit District will place multiple orders (calls) associated with the inspection and maintenance of Government-owned cranes at USACE facilities in Duluth, MN; Sault Ste. Marie, MI; and Detroit, MI.

Inspections, maintenance and repairs are most likely to occur at those locations, however, floating cranes may be in the vicinity of Chicago, IL; Burns Harbor, IN; Kewaunee, WI; and Milwaukee, WI.

The cranes currently at the USACE Detroit District are listed in the table below. The lifting capacity of the hydraulic boom cranes range from four (4) to seventy-five (75) tons.

A call specific scope will be provided to the BPA holder(s) for each order (call) with a request for quote for the associated services. As applicable, a site visit or a pre-proposal conference may also be scheduled at the USACE office to more completely communicate the nature of the requested services. Work may include or be similar to the following.

a. Provide annual crane inspections and minor maintenance service/adjustments for the listed cranes. With the inspection, provide a written Crane Inspection Report, to the Government’s Point of Contact. Each Crane Inspection Report shall include the minimum information:

i. A comprehensive list of all inspection points, identified with an Item Number, and a rating of

“Satisfactory”, “Unsatisfactory”, or “Not Applicable” for each point.

ii. A listing of all adjustments or minor service performed on the crane.

iii. A list all equipment deficiencies, recommendations for additional repair/service

iv. If replacement parts or major maintenance are necessary, a comprehensive list of parts, maintenance, and repair procedures.

b. Minor maintenance service and adjustments include brake/clutch adjustments, check and correction of air/hydraulic pressures, tightening of hook rollers, boom hoist adjustments, and similar annual adjustments.

USACE Detroit District – List of Cranes

Location Brand Year Model S/N Boom

Sault Ste. Marie Rapp Marine 2006 HP50-20T 06258 Hydraulic

Sault Ste. Marie Manitowoc 1972 3900 Vicon 391010 Lattice

Sault Ste. Marie Manitowoc 2019 12000-1 12001246 Lattice

Sault Ste. Marie Manitowoc 2019 MLC300 w/VPC Max 300108 Lattice

Sault Ste. Marie Manitowoc 2021 14000 14001185 Lattice

Sault Ste. Marie Broderson 1999 IC-35-2B 35171 Hydraulic

Sault Ste. Marie Broderson 2009 IC-80-3H 617897 Hydraulic

Sault Ste. Marie Broderson 2019 IC-250-3E 70282250 Hydraulic

Sault Ste. Marie Linkbelt 2019 RT75 T5L0-6427 Hydraulic

Sault Ste. Marie Grove 1997 AP308 86302 Hydralic

Detroit Liebherr 2009 HS 885 HD 187420 Lattice

Duluth Amclyde 1996 24 BP5218 Lattice

Duluth Koehring 1989A LRT-110 98303 Hydraulic

Work shall be performed in accordance with the crane manufactures service manuals, manufacturer specific training classes, and/or as noted in service bulletins.

c. Minor repairs, consisting of work that can be performed at the crane location by a qualified service technician with a standard service vehicle.

d. Major repairs, consisting of work that may not necessarily be able to be performed onsite and may require large components or the entire crane shipped to an appropriate offsite location.

e. When OEM or aftermarket direct fit replacement parts and components are not available, source one-time job shop repairs. Examples include hydraulic motor and cylinder refurbishment

f. Provide service, repair, and replacement of a wide range of operational aids from various vendors, to include load moment indication, floating crane draft, list, and trim indication, and crane dredging operational aids.

g. Supply parts, if necessary, by the original equipment manufacturer (O.E.M.) or parts that are equal in all respects.

h. Short-term rental of cranes to replace Government units that have been temporarily de-certified or otherwise taken out of service.

i. Supply inspection, service, repair, and replacement of crane rigging components, to include spreader beams, equalizing beams, multi-part blocks, overhaul balls, personnel baskets, slings, shackles, etc.

j. The Government will provide a qualified crane operator and at least one laborer for each inspection as necessary.

2. Minimum Qualifications

The vendor must have technicians that meet at least one of the Minimum Qualification that is listed in the table below. The technicians who inspect and service USACE cranes must be mechanics who are certified to work on the listed equipment. For continuity and maintenance of technical knowledge, to the maximum extent practicable, provide the same inspector/mechanic for each crane during the life of the agreement. The qualifications for service technicians are as follows:

Equipment Type Experience on Equipment Type

Manitowoc lattice boom friction drive 4,000 hours experience plus Manitowoc Crane Company certification

Manitowoc lattice boom hydraulic drive 4,000 hours experience plus Manitowoc Crane Company certification

Liebherr lattice boom hydraulic drive 3,500 hours experience plus Liebherr Crane Company certification

AmClyde lattice boom Five (5) years’ experience specific to maintenance, repair, & parts sourcing for AmClyde make

Hydraulic boom cranes 2,000 hours experience

W911XK23R0032

3. Schedule

Calls for service should be responded to within 48 hours of such service to be performed for all locations identified.

4. Authorized Ordering Officer

Calls may only be placed by an authorized Contracting Officer, employed by USACE and acting within his or her warranted authority.

5. Security Requirements

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements;

all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Antiterrorism (AT) Level I training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say Something):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Additional Security Requirements/Site Access for Sault Ste Marie, MI Office

When work is required to be completed at the Sault Ste. Marie Office. Additional security requirement may be required. Those requirements are outlined in the Sault Saint Marie Project Access Instructions for Contractors, dated 01 September 2022 that is included in Attachment A.

6. Price Schedule

It is anticipated that calls against the BPA will include recurring costs are incorporated into the BPA. The prices will be provided for each year of the agreement and will be used when USACE requests a price quotation from the BPA holders for a pending call. The BPA holder shall respond with unit prices as established under this agreement, with quantities that are appropriate for the scope of work and level of effort for the call. Cost items that are not priced in this agreement shall be quoted according to the Scope of Work and circumstances of the individual call. Such costs may be subject to negotiation to determine the fair and reasonable market value for the requested services.

UAI 5122.1302-100

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

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS): https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index: https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

Section H - Special Contract Requirements

REQUIRED INSURANCE

In reference to Clause 52.228-5 Insurance—Work on a Government Installation, the Contractor is required to possess the following minimum insurance when working at a Government facility or when otherwise present on Government property for work performed under this contract.

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

2. General liability. The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least Five Hundred Thousand Dollars ($500,000) per occurrence.

3. Automobile liability. The Contractor shall possess automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing work under this agreement. Policies shall provide at least the minimum coverage required by the state in which each vehicle is registered or the following, whichever is greater:

a. $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability.

b. $200,000 per occurrence for property damage

c. $200,000 for passenger liability bodily injury, multiplied by the number of seats or passengers, whichever is greater.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(End of requirement)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.228-5 Insurance - Work On A Government Installation JAN 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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

JAN 2023

252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021) Alternate I

JUL 2021

252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

JAN 2023

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

X (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (14) [Reserved]

____ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

X (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

X (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X____ (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (41)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (42)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

X (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X…