B01_CSS 22B0005.pdf

Invitation For Bid

Whitney Powerhouse Roofing

Whitney Lake Project Office, Whitney, TX

W9126G22B0005 9 March 2022

US Army Corps of Engineers Fort Worth District

WH PH Roof Replacement WHPHROOF

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

a description of work covered in this contract and is required for use in all projects

01 14 00 WORK RESTRICTIONS

work and site restrictions

01 30 00 ADMINISTRATIVE REQUIREMENTS

general administrative paragraphs

01 31 00.00 44 PROJECT MEETINGS

the preparation and use of Design-Build Schedules and Design-Bid-Build Schedules and as such must be edited for the acquisition method used

01 32 01.01 10 PROJECT SCHEDULE

the preparation and maintenance of the project schedule for construction projects or design-build construction projects

01 33 00 SUBMITTAL PROCEDURES

general procedures regarding submittals, data normally submitted for review to establish conformance with the design concept and contract documents

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

safety and occupational health requirements for the protection of Contractor and Government personnel, property and resources

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

listing of organizations whose publications are referenced in other sections of the specifications.

01 45 00.00 10 CONTRACTOR QUALITY CONTROL

Contractor Quality Control for construction projects or design-build construction projects

01 57 20.00 10 ENVIRONMENTAL PROTECTION

environment protection during construction activities

01 78 00 CLOSEOUT SUBMITTALS

closeout submittals including: revised project documents, warranty management, testing, adjusting and balancing, O & M manuals, and final cleaning

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

Specif ication and draw ings attached.

Project Title: Whitney Powerhouse Roofing

NAICS: 238160

Set-aside: 100% Small business set-aside

Contract Type: Firm Fixed Price (FFP)

Magnitude of the requirement: Betw een $100,000 and $250,000.

Solicitation Type: Invitation for Bid

Basis of Aw ard: Price only

X

WAUN A PRIEST 817-886-1026

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

09-Mar-2022

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________42 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Apr 2022 (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

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

(817) 886-6403FAX:TEL: TEL: FAX:

W9126G22B0005 150

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

W9126G22B0005

Section 00 10 00 - Solicitation

BID SCHEDULE

CESWF-OPR Facility Work, Whitney Powerhouse Roof

Whitney, Texas

BID SCHEDULE

Unit price shall include all associated costs for each item.

Reference Summary of Work and attachments.

Item Description Quantity Unit U/Price Amount

BASE

0001 Replace Powerhouse roof over control room: Job $____________

Includes all labor tool and equipment necessary to remove existing EPDM roofing system and install a newly tapered TPO roofing system including pavered roof covering include but not limited to; 60mil TPO, flashing, adhesives, termination bar and expansion joints. Whitney Texas

OPTION 1

0001 Replace Powerhouse roof over conference room: Job $____________

Includes all labor tool and equipment necessary to remove existing EPDM roofing system and install a newly tapered TPO roofing system including pavered roof covering include but not limited to; 60mil TPO, flashing, adhesives, termination bar and expansion joints. Whitney Texas

OPTION 2

0001 Replace Powerhouse roof over generator rooms: Job $______________

Includes all labor tool and equipment necessary to remove existing EPDM roofing system and install a newly tapered TPO roofing system including pavered roof covering include but not limited to; 60mil TPO, flashing, adhesives, termination bar and expansion joints. Whitney Texas

Total $ __________ .

Base Period of Performance shall be 28 calendar days from contract award

Additional options which are awarded would increase the Period of Performance by the days indicated in the SOW.

Prices must be valid for 60 calendar days for Base, and additional days for options, as indicated in the SOW, after submission of the proposal.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 28 dys. ANP WHITNEY AQUILLA LAKES

ABRAHAM B PHILLIPS

285 CR 3602

CLIFTON TX 76634

(254) 622-3332

FOB: Destination

967442

0002 35 dys. ANP (SAME AS PREVIOUS LOCATION)

0003 42 dys. ANP (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

PROJECT INFORMATION

SEALED BIDDING

INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

LOCAL INFORMATION TAB

PROJECT INFORMATION

a. For information regarding bidding procedures or bonds, contact Mr. Waun Priest, telephone 817-886- 1026 or via email waun.a.priest@usace.army.mil. Collect calls are not accepted.

b. Offers will be publicly opened. Information concerning the status of the evaluation and/or award will be available after receipt of proposals.

GENERAL NOTICES

a. Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in Offers is prescribed in 18 USC 1001.

b. The Affirmative Action Requirement of the Equal Opportunity Clause may apply to any contract resulting from this IFB.

OFFEROR’S QUALIFICATIONS

Pursuant to FAR 9.1, before an offer is considered for award, the offeror will be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

NOTICE REGARDING POTENTIAL EMPLOYMENT ON MILITARY INSTALLATION

If the work called for by this request for proposal is located on a military installation, offerors should check with post/base security to determine if potential employees will be allowed on the base/post to seek employment.

BID GUARANTEE

Reference the provision 52.228-1, Bid Guarantee. Facsimile Bonds are not acceptable.

MAGNITUDE OF THE REQUIREMENT

The magnitude of the requirement for the proposed construction is between $100,000 and $250,000.

SPECIAL NOTICE CONCERNING INDIVIDUAL SURETIES

The Security interest, including pledged assets as set forth in the FAR 52.228-11, PLEDGES OF ASSETS, and executed Standard Form 28 entitled "AFFIDAVIT OF INDIVIDUAL SURETY" shall be furnished with the bond. Failure to provide with the bid bond a pledge of assets (security interest) in accordance with FAR 28.203-1 will result in rejection of a bid which is bonded by individual sureties.

PARTNERING

In order to accomplish this contract, the government is encouraging the formation of a cohesive partnership with the contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule. This partnership would be bilateral in make-up and participation would be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

PRINCIPAL CONTRACTING OFFICER

The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract.

However, any Contracting Officer assigned to the Fort Worth District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

PERFORMANCE OF WORK BY CONTRACTOR

The successful bidder/offeror must furnish the Contracting Officer within 20 days after award the following a description of the work which they intend to perform with their own organization (e.g., earthwork, paving, brickwork or roofing), the percentage of the total work this represents, and the estimated cost thereof.

FOREIGN OWNERSHIP CONTROL OR INTERESTS (FOCI)

All prospective contract bidding companies are subject to vetting against Foreign Ownership Control or Interests (FOCI). Submittal of a Statement of Affiliation (SOA) must be accomplished as detailed in the RFP. SOA information will be protected in accordance with the Privacy Act of 1974. The use of the SOA is not for obtaining a facility clearance. Information obtained from the vetting process will be adjudicated by the Accrediting Official (AO) and designated appointees, who will have the final decision regarding the eligibility of the company following the FOCI process. Reasonable requests to review information for accuracy will be met, but there is no appeal process for final decisions. In accordance with the Privacy Act of 1974 information obtained for adjudicative purposes will not be shared outside of elements involved in the adjudicative process. The Accrediting Official (AO), SSM will not share the rationale for adjudicative decisions.

1. INQUIRIES

OFFEROR'S QUESTIONS AND COMMENTS

All questions and/or comments are to be submitted via ProjNet.

Bidder Inquiry in ProjNet at http://www.projnet.org/projnet

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

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

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed.

The Solicitation Number: W9126G-22-B-0005 The Bidder Inquiry Key: ZVZE58-G72ZZE http://www.projnet.org/projnet

Last day to submit ProjNet questions is 7 calendar days prior to bid closure date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

2. INSTRUCTIONS TO OFFERORS

SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BIDS SUBMISSION (FAR 14.302 & 14.304)

1. Electronic Proposals. In an effort to reduce paperwork and costs, ALL RESPONSES

TO THIS

2. ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Electronic copies of each volume shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/.

Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through proprietary or third party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved. It is the responsibility of the Offeror to confirm receipt of proposals.

All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR). For instructions on how to post an offer, please refer to the Posting Offer demo: https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

3. There are 10 general steps a vendor must follow in order to use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#ste p5

4. For instructions on how to post your Bid, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files by the Contracting office. In the event that the Solicitation Module is down, the alternate method for bid submission is via email to: civ-ops.Proposals@usace.army.mil ONLY. The Bidder must obtain prior approval from the Contracting Officer jamauh.d.winston@usace.army.mil or waun.a.priest@usace.army.mil to use the alternate submission method. Bidders are responsible for ensuring electronic files are virus-free and shall run an anti-virus scan before submission. LATE BIDS

WILL NOT BE RECEIVED. LATE BIDS WILL NOT BE READ. LATE IS LATE!!!

Electronically submitted offers must include the completed SF 1442 (in accordance with FAR 52.214-18), Acknowledgement of all amendments, completed CLIN schedule, and a copy of the original Bid Bond.

Offers received will be publicly opened “Electronically” at the following location:

US Army Engineer SWF District, Fort Worth https://piee.eb.mil/ https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5 https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#step5 https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf mailto:civ-ops.Proposals@usace.army.mil mailto:jamauh.d.winston@usace.army.mil mailto:waun.a.priest@usace.army.mil

819 Taylor St, Room 2A17 Fort Worth, TX 76102 “Electronically”

Friday, 11 Apr 2022

10:00AM (CT)

Teleconference Dial-in Information for the public is:

Call-in: 1-844-800-2712 Access Code: 43375062

Please note, oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

SENDING FILES. In an effort to reduce paperwork and reduce cost. All bids shall be submitted electronically. All submissions should be in Adobe PDF format. Title the file(s) in the following format:

W9126G21B0005_COMPANY NAME_DESCRIPTION

OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers

WILL NOT BE ACCEPTED.

FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offers WILL NOT BE

ACCEPTED.

Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered. Those without a NIST score in SPRS will be deemed NON-RESPONSIVE and thus not evaluated/considered for award. * If the apparent awardee does not correct the omission by refusing to enter its NIST score within 14 days after the allotted time then it can be safely deemed “not responsible”.

Reference: 252.204-2019 - Notice of NIST SP 800-171 DoD Assessment Requirements

Reference: 252.204-2020 - NIST SP 800-171 DoD Assessment Requirements

See the Attached Quick Entry Guide to assists with entering NIST Assessment.

Contact Help Desk at (866)618-5988 for additional assistance

NIST SP 800-171

NIST SP 800-171 QUICK ENTRY GUIDE

VERSION 3.3

NSLC PORTSMOUTH BLDG. 153-2 PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NH 03804-5000

Approved for public release, distribution is unlimited.

NIST SP 800-171 Quick Entry Guide SPRS Release V 3.3

1. NIST SP 800-171 Assessment Database: The purpose of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 is to protect Controlled Unclassified Information (CUI) in Nonfederal Systems and Organizations.

This database contains data associated with NIST SP 800-171 Assessments.

2. PIEE Access: A “SPRS Cyber Vendor User” role is required to enter Basic Assessment information. Step-by-step PIEE Access Instructions can be found here.

https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf

3. SPRS Application Access: To Access SPRS, follow the below steps:

a. PIEE landing page: https://piee.eb.mil/piee-landing/

b. Click “log-in” and follow prompted log-in steps

Screenshot Dtd 2 NOV 2020

c. Select the SPRS Icon:

d. Select NIST 800-171 Assessment:

3.1 Creating a Header: A “Header” is required for each Highest Level Owner (HLO) CAGE. If a Basic Confidence Level header does not already exist for your HLO, it may be created by selecting “+ Create New HLO CAGE” from the Header View:

*Note: If you have SPRS access but do not see the create buttons, please confirm your “SPRS Cyber Vendor User” role has been activated in PIEE.

3.2 Header View: The header page only displays the HLO(s) for a company and will contain up to four rows per HLO, one for each Confidence Level (Basic, Medium, High Virtual, and High On-site). Basic is the only vendor self-assessed confidence level.

Version 3.3 AUG 2021 1 https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://piee.eb.mil/piee-landing/ https://piee.eb.mil/piee-landing/

NIST SP 800-171 Quick Entry Guide SPRS 3.3

*Note: CAGE Hierarchy is imported from the System for Award Management (SAM).

Contact your company’s CAGE hierarchy authority to have your data updated in SAM.

Updates typically flow to SPRS within 48 hours.

3.3 Detail View: From the header view select “View Details” at the Basic confidence level to view, enter, and edit assessment summary results associated with any CAGE within that HLO’s hierarchy (see arrow above, section 3.2):

3.4 Assessment Entry: Select “+ Add New Assessment” button within Detail View

(see arrow above, section 3.3), enter assessment summary results within the Enter Assessment Details page, and select “Save”:

*Note: The Assessment Methodology and System Security Plan should be completed prior to entering assessment summary results within SPRS.

*Note: Information related to each data field may be viewed by moving the cursor over the field title or column header.

3.5 Assessment Edit: The user may update as necessary to reflect the company’s current status. While viewing the NIST assessments in Details View (Section 3.3 above), click the pencil icon to edit assessment details.

Version 3.3 AUG 2021 2

3. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on Sam at https://sam.gov Solicitation Number W9126G22B0005. Written unsuccessful bidder letters will not be issued.

4. PREPROPOSAL CONFERENCE / SITE VISIT

SITE VISIT. See FAR clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I

(FEB 1995)

Date: 29 March 2022 Time: 10:00 a.m. CST Location: 285 CR 3602

CLIFTON TX 76634

POC Abraham Phillips (254) 622-3332 Bidders must confirm their intent to attend the site visit with the POC listed below prior to attending the event. Only one (1) formal site visit will be offered as not to give the appearance of preferential treatment to any specific bidder over another bidder.”

IMPORTANT NOTES. (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

Submittals:

Complete and return provisions 52.204-24 and 52.204-26.

Complete and return Contract Clause 52.219-28 AM#01 Complete block 14 of the SF 1442, and return with price proposal AM#01 Complete blocks 20a, 20b, 20c of the SF 1442, and return with price proposal.

Complete and Return Contract Line Item Schedule. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the bid being unacceptable.

https://sam.gov/

Performance:

Reference: Financial Management Regulation, Volume 3, Chapter 8, Specific Guidelines for Maintenance and Repair Projects. Current fiscal year appropriations may be obligated for those maintenance and repair contracts awarded near the end of the fiscal year, even though contractor performance may not begin until the following fiscal year. However, the contract must satisfy a bona fide need that arose in or before the fiscal year of the appropriation to be charged. In addition, contracts awarded near the end of the fiscal year must contain a specific requirement that work begin before January 1 of the following calendar year. The foregoing guidelines on required start dates do not apply to cases in which an installation or contracting officer is required to place an order or contract with a foreign government agency because of a legally binding provision in a treaty or other international agreement. Guidelines for the administrative contracting officer to use in determining the commencement of work are as follows:

1. Physical Onsite Evidence. A visual inspection of the work site discloses significant work has been accomplished, or contractor employees actually are engaged in work performance. (No further verification is necessary.)

2. Documentary Evidence. If physical onsite evidence of performance does not exist, and to prevent unwarranted default proceedings, the contractor may be requested to produce documentary evidence that cost has been incurred or material has been ordered to allow performance of the contract.

CLAUSES INCORPORATED BY REFERENCE

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any

Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with

29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor

Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of

Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in

(b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''

(b) This required employee notice, printed by the Department of Labor, may be--

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance

Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR

Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of

January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive

Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of

Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of

Labor, to enter into such litigation to protect the interests of the United States.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

Section 00 72 00 - General Conditions

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition

Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the

Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United

States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime

Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the

Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c)(5) but excepting paragraph (c)(1) of this clause, in all subcontracts under this contract that exceed the threshold specified in Federal

Acquisition Regulation 3.502-2(i) on the date of subcontract award.

(End of Clause)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104, Restrictions on Obtaining and Disclosing Certain Information, the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C. 2102 for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the

Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or

2103, as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the

Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the

Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a

State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee

Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of…