RFQ.doc

Section B - Supplies or Services and Prices

TRUCK DUMP STATION - CONTRACTOR SHALL BE

FFP

RESPONSIBLE FOR ALL LABOR, MATERIAL AND EQUIPMENT REQUIRED TO CONSTRUCT A CONCRETE TRUCK DUMP STATION ON THE WASTE WATER LAGOON LOCATED NEAR THE OUTSIDE MAINTENANCE SHOP.

FOB: Destination

MILSTRIP: W59XQG62043085

PURCHASE REQUEST NUMBER: W59XQG62043085

NET AMT

Section C - Descriptions and Specifications

SOLICITATION INSTRUCTIONS

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be the BEST VALUEto the Government. The following factors shall be used to evaluate quotes:

Factor 1 - Past Performance - The contractor shall provide three references of projects completed within the past three years. These references need to be equal to or similar in scope of this requirement. Contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor should be a commercial specialty service provider involved in the installation of concrete structures. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

Factor 2 - Technical Factors - Technical factors will concentrate on the capacity and the qualifications of the contractor's ability to provide quality work.

a. Subfactor 1 - Contractor Approach – Contractors shall submit a proposal describing the approach to be used to accomplish the project objectives that meet the standards of the performance work statement.

b. Subfactor 2 - Time for completion of contract - Contractor shall propose a schedule for the time required to procure material, initiate work and complete project.

Factor 3 - Price

Factors 1 and 2 when combined are significantly more important than price.

NAICS. North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in FAR 52.204-8 of the solicitation.

Submitting your quote. Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 18, letterhead stationery, or as otherwise specified in the solicitation.

Quotations are due by 5:00 PM CST on September 15, 2016. Send you completed quotation package to the attention of Mike Callaghan at d.m.callaghan@usace.army.mil or PO Box 710, Yankton, SD 57078. Electronic quotations are preferred over paper responses, unless other arrangements have been made with the individual identified above. You may submit more than one quote. If you do, we will evaluate each separately.

We will not consider any quote that we receive after the deadline unless we receive it before we issue a purchase order and considering it will not delay our purchase. In case of an emergency that delays our operations and makes submission or receipt of your quote impossible, we will extend the deadline by one working day.

Terms and content of your quote. Your quote must be based on the terms of this RFQ. We might reject any quote that is not based on these terms in every respect. Your quote must contain all of the information described below.

Small Business Status. In order to submit a quote, you must know whether your company is a small business. The small business size standard that applies to this purchase is stated in FAR 52.204-8, along with the North American Industry Classification System (NAICS) code on which it is based.

Issuance of purchase order. Your quote should contain your best terms. The Contracting Officer may reject any or all quotes. After the evaluation of quotes, the Contracting Officer may negotiate final terms with one or more quoters of the Government’s choice before issuing a purchase order. The Contracting Officer will not negotiate with any quoters other than those of the Government’s choice and will not use the formal source selection procedures described in FAR Part 15.

The Contracting Officer may issue a purchase order to other than the quoter with the lowest price. We might issue multiple orders, purchasing various items or groups of items from different quoters. We might issue an order for less than the quantity on which your quote is based, at the quoted price, unless you tell us that you will not accept an order on that basis.

System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.

DUNS Number (Data Universal Numbering System Number). [This applies to all quote if the solicitation requires that you be registered in the System for Award Management (SAM).] Place the annotation “DUNS” or “DUNS+4” next to your name and address on the first page of your quote followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address.

If you do not have a DUNS number, contact Dun and Bradstreet to obtain one. If you are located within the United States, you may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform.

If you are located outside the United States, you must contact the local Dun and Bradstreet office for a DUNS number. Tell Dun and Bradstreet that you are a quoter for a Government contract when contacting the local Dun and Bradstreet office.

The DUNS+4 is the DUNS number plus a 4-character suffix that you may use at your discretion to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for your company.

CAGE Code __________________________________ DUNS Number ________________________________

Tax Identification Number (TIN) ___________________

Company Name and Address:

(Should match SAM profile)

Point of Contact

Name ______________________________________ Title ________________________________________

Business Phone _______________________________ Cell Phone (if applicable) ________________________ Fax ________________________________________

E-Mail ______________________________________

Insurance Required (FAR 52.228-5):

In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000

General Liability Insurance

$1,000,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person

Bodily Injury $500,000 per occurrence

Property Damage $ 20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person

Bodily Injury (other than passenger injury) $500,000 per occurrence

Property Damage $200,000 per occurrence

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

State and Local Taxes. The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

SCOPE OF WORK

CONCRETE TRUCK DUMP STATION

1. SCOPE OF WORK: Contractor shall be responsible for all labor, material and equipment required to construct a concrete truck dump station on the wastewater lagoon located near the outside maintenance shop. The dump station shall be constructed as per the enclosed drawings and specifications.

1.6.7. All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes. No background checks are required for this contract.

1.6.8. Special Qualifications. The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.gov/E-Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 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, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

2. COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK: The Contractor will be required to commence work under this contract after receipt of award and to complete the work by 28 April 2017. The time stated for completion shall include final cleanup of the premises.

3. CONTRACT DRAWINGS AND SPECIFICATIONS: Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawing and specifications. The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies.

4. SITE VISIT: Offerors or quoters are urged and expected to inspect the site where the work will be performed in order to obtain the exact amount of concrete to complete the project. Contact Mike Callaghan at 402-667-2563, or Bryan Bradley at 402-667-2560 to arrange for a site visit.

5. APPROVAL OF MATERIALS: Michael Callaghan shall approve all materials before being used in subject contract.

6. SPECIAL REQUIREMENTS: Concrete mix shall be 5,000 PSI mix.

7. TAXES: Nebraska Sales and Excise taxes are not applicable.

8. PROTECTION OF EXISTING FACILITIES: Contractor shall be responsible for protection of existing structure where work is being done.

9. ENVIRONMENTAL PROTECTION: In order to prevent and to provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his sub‑contractors shall comply with all applicable federal, state and local laws and regulations concerning environmental pollution control and abatement.

a. Notification: The Contracting Officer will notify the Contractor in writing of any non‑compliance with the aforementioned federal, state or local laws or regulations. Such notice, when delivered to the Contractor or his authorized representative at the site of the work, shall be deemed sufficient for the purpose. The Contractor shall, after receipt of such notice, immediately inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make the subject of a claim for extension of time or no part of the time lost due to any such stop orders for excess costs or damages.

10. SAFETY REQUIREMENTS: The Contractor shall ensure that safe working practices are utilized and that all equipment meets the requirements of the US Army Corps of Engineers, "Safety and Health Requirements Manual", EM 385‑1‑1, September 2008, before work begins. A copy of the above manual is available at the Gavins Point Dam Project Office, 55245 Highway 121, Crofton, NE.

a. Ground Fault Circuit Interrupters: In addition to the requirements of paragraph 11.C.05 of EM 385‑1‑1, ground fault circuit interrupters are required for all extension cord systems.

b. First Aid and Medical: First aid facilities shall be made available on the job site. Arrangements for emergency medical attention shall be made prior to start of work. All emergency numbers (doctor, hospital, ambulance, fire department) shall be posted, or made available at the work site.

11. HOUSEKEEPING: Daily clean up of all debris and waste materials are required. Adequate disposal containers shall be placed strategically around the site. Debris shall be removed on a regular basis. Placement of disposal containers shall be coordinated through the designated government representative.

12. AVAILABILITY AND USE OF UTILITY SERVICES: Use of public and private utilities will be as found available.

13. WORK AND MATERIALS GUARANTEE: The Contractor will guarantee materials for one year from the date the Government assumes use of the equipment or materials.

14. PAYMENT: Payment for subject work will be for entire work complete in conformance with this specification and drawings and paid within 30 days of acceptance by the Government and receipt of a proper invoice.

SECTION 03300A

SECTION 03300A

CONCRETE FOR BUILDING CONSTRUCTION

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

ACI INTERNATIONAL (ACI)

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM C 94 1994 Ready‑Mixed Concrete

1.2 SUBMITTAL

Government approval of the below mentioned Cementitious Material must take place prior to placement of the concrete. SD‑13 Certificates

Cementitious Materials;

Cement, pozzolan, and ground iron blast‑furnace slag will be accepted on the basis of manufacturer's certification of compliance, accompanied by mill test reports attesting that the materials meet the requirements of the specification under which it is furnished. No cement, pozzolan, or slag shall be used until notice of acceptance has been given by the Contracting Officer. Cement, pozzolan, and slag may be subjected to check testing by the Government from samples obtained at the mill, at transfer points, or at the project site.

1.3 GENERAL REQUIREMENTS

1.3.1 Strength Requirements

Structural concrete for all work shall have a 28‑day compressive strength of 5000 pounds per square inch.

Concrete slabs on‑grade shall have a 28‑day flexural strength of 600 pounds per square inch. Concrete made with high‑early strength cement shall have a 7‑day strength equal to the specified 28‑day strength for concrete made with Type I or II portland cement.

1.3.2 Air Entrainment

All concrete shall contain from 4 to 7 percent total air.

1.3.3 Special Properties

Concrete may contain other admixtures, such as water reducers, superplasticizers, or set retarding agents to provide special properties to the concrete, if approved.

1.3.4 Slump

Slump shall be within the following limits:

Structural Element *Slump in inches

Minimum Maximum

Walls, columns and beams 2 4 footings, pavement, and slabs 1 3

PART 2 PRODUCTS

2.1 CONCRETE INGREDIENTS

Concrete shall conform to ASTM C 94; type I & II.

2.2 CURING MATERIALS

Curing materials shall be burlap, impervious sheets, or membrane‑forming compounds.

2.3 EMBEDDED ITEMS

Embedded items shall be of the size and type indicated or as needed for the application.

2.4 WATER

Water shall be potable.

2.5 SURFACE COAT FINISH

Herringbone Tooled finish.

PART 3 EXECUTION

3.1 PREPARATION OF SURFACES

Surfaces to receive concrete shall be clean and free from frost, ice, mud, and water. Conduit and other similar items shall be in place and clean of any deleterious substance. Surfaces shall be moist but without free water when the concrete is placed.

3.2 FORMWORK

Form work shall be mortar‑tight, properly aligned, and adequately supported to produce concrete conforming accurately to the indicated shapes, lines, dimensions, and with surfaces free of offsets, waviness, or bulges. Where surfaces are to be exposed or painted panels shall be of uniform sizes, using smaller panels only where required by openings, joints or for closure. Unless otherwise shown, exposed external corners shall be chamfered, beveled or rounded by moldings placed in the forms. Form surfaces shall be thoroughly cleaned and coated before each use. Forms shall be removed at a time and in a manner that will not injure the concrete.

3.3 Not Used.

3.4 Not Used.

3.5 Not Used.

3.6 Not Used.

Embedded items shall be free from oil, loose scale or rust, and paint.

Embedded items shall be installed at the locations indicated and required

3.7 BATCHING, MIXING AND TRANSPORTING CONCRETE

The work shall conform to ACI 318/318R part Construction Requirements, except as otherwise specified.

3.8 CONCRETE PLACEMENT

Concrete shall be handled from mixer to forms in a continuous manner until the approved unit of operation is completed. Adequate scaffolding, ramps and walkways shall be provided so that personnel and equipment are not supported by in‑place reinforcement. Concrete shall be deposited as close as possible to its final position in the forms. Depositing of the concrete shall be so that all slabs shall be placed in a single layer. Concrete to receive other construction shall be screed to the proper level to avoid excessive shimming or grouting.

3.9 CONSOLIDATION

Vibrators shall not be used to transport concrete within the forms. Slabs 4 inches and less in thickness shall be consolidated by properly designed vibrating screeds or other approved technique.

3.10 Not Used.

3.11 CONSTRUCTION JOINTS

Expansion and contraction joints shall be made in accordance with the details shown or as otherwise specified.

Construction joints shall be located as indicated or approved. Contraction joints shall be cut at a minimum of 1 inch deep with a jointing tool after the surface has been finished. All joints will be sealed with an approved joint sealant

3.12 FINISHING CONCRETE

3.12.1 Float Finish

Slabs to receive a steel trowel finish. Screeding shall be followed immediately by darbying or bull floating before bleeding water is present, to bring the surface to a true, even plane.

3.12.1.2 Not Used.

3.12.1.3 Tooled Herringbone

3.12.1.4 Not Used.

3.13 CURING AND PROTECTION

3.13.1 General

Immediately after placement, concrete shall be protected from premature drying extremes in temperatures, rapid temperature change, mechanical injury and injury from rain and flowing water. Air and forms in contact with concrete shall be maintained at a temperature above 50 degrees F for the first 3 days and at a temperature above

32 degrees F for the remainder of the specified curing period.

3.13.2 Moist Curing

Concrete to be moist‑cured shall be maintained continuously wet for the entire curing period. If water or curing materials used stains or discolors concrete surfaces which are to be permanently exposed, the concrete surfaces shall be cleaned. When wooden forms are left in place during curing, they shall be kept wet at all times. If the forms are removed before the end of the curing period, curing shall be carried out as on unformed surfaces, using suitable materials. Horizontal surfaces shall be cured by ponding, by covering with a 2 inch minimum thickness of continuously saturated sand, or by covering with waterproof paper, polyethylene sheet, polyethylene‑coated burlap or saturated burlap.

3.13.3 Membrane Curing

Membrane curing shall not be used on surfaces that are to receive any subsequent treatment depending on adhesion or bonding to the concrete.

LOCATION DRAWINGS

Drawings of the project and the truck dump station are attached as separate documents.

Section F - Deliveries or Performance

DELIVERY INFORMATION

MICHAEL CALLAGHAN

USAED, OMAHACENWO-OD-GP-T

55245 HIGHWAY 121

CROFTON NE 68730

402-667-2563

FOB: Destination 968813

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within the date of receipt of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than April 28, 2017. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUN 2016).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are ncorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

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

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

(iii) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(iv) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JUL 2013).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JUN 2016).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xi) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016)

(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)).

(xii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xiv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xv) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvi) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xviii) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xix) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.arnet.gov/far http://farsite.hill.af.mil

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is located at the US Army Corps of Engineers, Gavins Point Project, located 1 mile South on Highway 81 and 4 miles West on Highway 121 in Cedar County, Nebraska. .

(End of provision)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

TWO DRAWINGS ARE ATTACHED AS SEPARATE DOCUMENTS

(End of clause)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.

(End of clause)

UAI 15.504-100 Award to Successful Offeror Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

Section J - List of Documents, Exhibits and Other Attachments

WAGE RATES

General Decision Number: NE160046 07/29/2016 NE46

Superseded General Decision Number: NE20150046

State: Nebraska

Construction Type: Heavy

Counties: Boyd, Brown, Burt, Cedar, Colfax, Cuming, Holt, Keya Paha, Knox, Madison, Pierce, Platte, Rock, Stanton and Wayne Counties in Nebraska.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/08/2016

1 04/01/2016

2 07/29/2016

* ELEC0022-022 06/01/2016

Burt, Cass, Colfax, Cuming, Madison, and Platte Counties

Rates Fringes

ELECTRICIAN......................$ 34.10 14.88

ELEC0231-008 06/01/2015

Cedar, Knox, Pierce and Wayne Counties

Rates Fringes

ELECTRICIAN......................$ 30.78 11.67+4%

ELEC0265-007 03/01/2016

Boyd, Brown, Holt, Keya Paha, and Rock Counties

Rates Fringes

Electricians:

Zone 1......................$ 27.52 10.77

Zone 2......................$ 27.82 10.77

Zone 3......................$ 28.12 10.77

Zone 4......................$ 28.52 10.77

ZONE DEFINITIONS [Mileage from main Post Office in Lincoln]

Zone 1: 0 to 35 miles

Zone 2: 36 to 50 miles

Zone 3: 51 to 75 miles

Zone 4: 76 miles and over

FOOTNOTE:

Work on scaffolds, hanging scaffolds, boatswains chairs or ladders, etc., in any area where the worker is in a position to fall 40 ft. or more, or where objects above the worker can fall 40 ft. or more: to be paid one and one-half times the straight- time rate of pay.

SUNE2011-013 08/31/2011

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 18.75 3.25

LABORER: Common or General......$ 11.69 1.31

LABORER: Pipelayer..............$ 14.23 0.39

OPERATOR: Backhoe/Excavator.....$ 18.23 2.31

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 19.47 4.07

OPERATOR: Bulldozer.............$ 15.95 3.04

OPERATOR: Loader................$ 16.79 1.09

OPERATOR: Scraper...............$ 14.89 2.06

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the…