solicitation.pdf

COE BIG BEND PRJ OFC NTL RSC/CLDBK

MIKE WERDEL

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

TEL: 6052451815 FAX:

W59XQG62395238

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9128F-16-T-F013 30-Aug-2016 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

15-Sep-2016(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

605-245-1804CAROLINE R PHEASANT

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9128F-16-T-F013

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

PROVIDE LABOR AND MATERIAL TO CONSTRUCT

FFP

PRE ENGINEERED METAL STORAGE BUILDING AT COLD BROOK

PROJECT, HOT SPRINGS SD PER SCOPE OF WORK.

FOB: Destination

MILSTRIP: W59XQG62395238

PURCHASE REQUEST NUMBER: W59XQG62395238

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 180 dys. ADC 1 COE BIG BEND PRJ OFC NTL RSC/CLDBK

MIKE WERDEL

CENWO-OD-BB-NBIG BEND PROJECT

33573 NORTH SHORE RD

FORT THOMPSON SD 57339

6052451815 FOB: Destination

968814

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS TO OFFERORS

Instructions to Quoters – Other than Commercial Items

*PLEASE PROVIDE THE FOLLOWING INFORMATION WITH YOUR QUOTE:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

DUNS:

TIN:

*EVALUATION-OTHER THAN COMMERCIAL ITEMS.

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will offer the best value to the Government. The quoter shall provide a separate document that contains the following information for each factor stated below.

The following factors shall be used to evaluate quotes:

1. Past Performance – The quoter shall provide three references of projects completed within the past five (5) years. Experience can be based on projects completed as a prime contractor or projects as qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to complete this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references.

Additionally, past performance may be based on the contracting’s officer’s knowledge of and previous experience with similar purchases acquired, in addition to any information contained in the Governmentwide Past Performance Information Retrieval System (PPIRS), contained at www.ppirs.gov.

Past performance will be rated as either acceptable or unacceptable. A rating of acceptable will be given for a quoter’s past performance that demonstrates successful completion of similar purchases on all references and the additional information retrieved from PPIRS and from the Contracting Officer is favorable. A rating of unsuccessful will be given for a quoter’s past performance that does not demonstrate any successfully completed similar purchases on the references and the additional information from PPIRS and the Contracting Officer is not favorable.

2. Price – The quote shall be inclusive of all costs to perform the work specified in the Statement of Work

(SOW).

After a preliminary consideration of all quotations, the government will identify from all quotations one that is the most suitable to the user and screen all lower priced quotations based on the readily discernible value factors above.

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 September 15, 2016 not later than 12:00 pm Send you completed quotation package to the attention of Caroline R Pheasant; caroline.r.pheasant@usace.army.mil; 605-245-1804 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.

As a minimum, quotations must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotations;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.204-8 if applicable.

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quotation is not submitted on the SF 18, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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.

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.

In the State of South Dakota, there is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement. Contractor shall include the excise tax in its quotation.

For information concerning the taxes contact: Sales and Use Tax Division, Capital Lake Plaza, Pierre, South Dakota. Telephone 605-773-3311.

SCOPE OF WORK

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 GENERAL INFORMATION

1.2 DESCRIPTION OF WORK

1.2.1 Location

1.3 SPECIFICATIONS

1.4 CHANGES IN SPECIFICATIONS AND DRAWINGS

1.5 REFERENCES

1.6 WORK SCHEDULING

1.7 PERFORMANCE PERIOD

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 GENERAL INFORMATION

The following paragraphs describe the required work. The description of the work in this section is abbreviated with the details provided in the technical sections. The technical specifications are arranged by the Construction Specifications Institute (CSI) numbering system, which does not correspond with sequence in which the work has to be accomplished.

1.2 DESCRIPTION OF WORK

This section covers the technical specification to provide all labor, materials, incidentals, and equipment to perform the work required to supply and build a 40’ X 80’ metal building at Cold Brook Dam near Hot Springs, SD. This list is a general summary of the required work and is not all inclusive:

Contractor shall provide all labor and materials to furnish a pre-engineered metal building on site at the designated area on the Cold Brook project site. Structure shall meet or exceed all specified design criteria in the specifications and shall be completed and turned over to the government for use within 180 calendar days of award. The 180 days will not include the November 15 to March 15 winter exclusion period. No claims for extras payment will be made on account of items presumed to be omitted from this section.

1.2.1 Location

The work for the contract is located at the Cold Brook Dam approximately 0.5 miles north or the Hot Springs, SD as indicated on the drawings. The exact location will be shown by the Contracting Officer's Representative.

1.3 SPECIFICATIONS

Technical specifications listed below cover the required work:

Bid Schedule 01 11 00 Summary of Work 01 12 00 Construction General 01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements 01 45 01 Quality Control 01 57 20 Environmental Protection

1.4 CHANGES IN SPECIFICATIONS AND DRAWINGS

The Government reserves the right to revise or amend the specifications and/or drawings prior to the date set for receipt of offers. Copies of such amendments will be furnished to all prospective offerors. If the revisions and amendments require material changes in quantities or proposal prices, or both, the date set for receipt of offers may be extended to unable Offerors the opportunity to revise their technical proposals. The amendment will include an announcement of the new date for receipt of offers.

The drawings accompanying this specification are a part there of. Two sets of 8-1/2" x 11" size contract drawings, maps, and specifications will be furnished to the Contractor without charge.

1.5 REFERENCES

The publications listed within the specification sections form a part of this specification to the extent referenced.

The publications are referred to within the text by the basic designation only.

Reference publications will not be furnished. Contractor shall immediately check furnished drawings and notify the Government of any discrepancies.

1.6 WORK SCHEDULING

Contract work will be limited to the hours of 7 AM to 5 PM Monday thru Friday. No work will be permitted on Saturday, Sunday, or Federal Holidays. Any work to be performed outside the designated work scheduling will have to be approved by the COR 7 days prior to work being performed.

1.7 PERFORMANCE PERIOD

Contract period shall be for 180 days from date of contract award with winter exclusion period from 15 November to 15 March.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 12 00

CONSTRUCTION GENERAL

PART 1 GENERAL

1.1 SCOPE

1.2 CONSTRUCTION RIGHT-OF-WAY

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

1.3.1 Protection of Appurtenances from Bituminous Material Applications

1.3.2 Flood Protection Works

1.4 CARE OF WATER

1.5 DISPOSITION OF CONSTRUCTION FACILITIES

1.6 ACCESS ROADS

1.6.1 Access Roads

1.7 PUBLIC ROADS

1.7.1 Traffic Control

1.7.2 Operations

1.7.3 Barricades

1.7.4 State and Federal Highways

1.7.5 State and Local Public Roads

1.7.6 City Streets

1.7.7 Utility Lines

1.8 COOPERATION WITH OTHERS

1.9 WORK BY OTHERS

1.10 SUBMITTALS

1.11 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

1.12 WARRANTY OF CONSTRUCTION (MAR 1994)

1.13 PORTABLE TOILETS

1.14 SECURITY REQUIREMENTS

1.14.1 Special Qualifications

PART 2 NOT USED

PART 3 NOT USED

--End of Section Table of Contents--

SECTION 01 12 00

CONSTRUCTION GENERAL

PART 1 GENERAL

1.1 SCOPE

The work covered in this section is outlined as a statement of construction requirements common to all the work.

Specific requirements for materials and installations are provided under the Technical Sections herewith. No claims for extras shall be made on account of items presumed to have been omitted from this section.

1.2. CONSTRUCTION RIGHT-OF-WAY

The Contractor will be assigned working areas or working right-of-way limits for use in the prosecution of work under this contract, subject to the CONTRACT CLAUSES clause entitled "Operations and Storage Areas."

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

The Contractor shall be responsible for the protection of work area from damage and upon completion of the work shall leave existing works in a condition equal to that which existed when the work started. All work, storage of materials, and construction plant shall be kept within the limits of the areas assigned. Prior to construction operations, the Contractor shall confer with the Contracting Officer's representative to determine the proximity of any possible under-ground obstructions, pipe or equipment which could be damaged as a result of construction operations. Existing utility lines that are shown on the drawings or the locations are otherwise made known to the Contractor shall be protected from damage, and if damaged, shall be repaired by the Contractor at no additional expense to the Government. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which have not been made known to the Contractor, report thereof shall be made immediately to the Contracting Officer. If the Contracting Officer determines that repairs shall be made by the Contractor, such repairs will be ordered under CONTRACT CLAUSES clause entitled "Changes." The Contractor will be responsible for the protection of structures from any structural damage during the construction operations. Roads and surfaces shall be protected from damage by the work or if damaged shall be repaired with equal materials at no additional expense to the Government. At all times the plant and work areas shall be kept in a condition conducive to safety of workmen and the public and neat in appearance.

Waste or surplus materials shall not be allowed to accumulate in the construction areas.

1.3.1 Flood Protection Works

In all cases were materials in the existing flood protection works are used or connected with the construction of new work under this contract, the work shall be so planned and executed that the new work shall be completed to provide protection equivalent to the existing protection as the protection is weakened or removed. These operating restrictions shall be followed in order that the new work may be tied in, or connected promptly, by the contractor, with the existing facilities so as to furnish continuous service in an emergency. These ties or connections shall be made during periods of suspended construction operations and the Contractor shall leave incomplete pipe outlets and other structures in such conditions as to not interfere with the natural drainage from areas served by these pipes or structures.

1.4 CARE OF WATER

Full responsibility for care of water shall be borne by the Contractor until completion of work under this contract. The Contractor shall provide the materials and equipment and perform all work necessary to facilitate construction and to protect the work from damage by water. The Contractor shall make his own investigations and determinations of conditions, both existing and anticipated concerning care of water. Plans for care of water are subject to approval by the Contracting Officer prior to construction. Facilities shall be removed upon completion of the work.

1.5 DISPOSITION OF CONSTRUCTION FACILITIES

All buildings and facilities constructed by the Contractor shall be maintained in a satisfactory condition with strict observance of the rules of sanitation, safety and order as may be established by the contracting Officer. Prior to final payment under the contract, all buildings and facilities constructed by the Contractor for his own use shall be removed from the site by the Contractor.

1.6 ACCESS ROADS

1.6.1 Access Roads

Access roads as utilized for the prosecution of the work shall be maintained (including sprinkling for dust control, safety personnel, signals and control) within the work areas assigned to the Contractor. Consideration shall be given to the avoidance of interference with others, safety and frequency of traffic, subject to review and approval prior to construction. Access road areas shall be restored to their original or suitable condition upon completion of this contract.

The Contractor shall be responsible for repair of damage to existing roads caused by his operation.

1.7 PUBLIC ROADS

1.7.1 Traffic Control

he Contractor shall be responsible for the safe control of traffic on all haul and access roads used primarily for the work under these specifications and at their crossings with roads used by others. The Contractor shall, at his expense, furnish all personnel, signal devices and signals necessary for the safe and efficient control of construction traffic on road systems used by the Contractor. A plan for traffic control, including a listing of equipment and its employment, shall be submitted for review and approval prior to construction.

1.7.2 Operations

When operations are being conducted near a U.S. or State Highway or when construction equipment is being used on or adjacent to such highway, the Contractor shall furnish signalmen and such warning signs as are necessary to provide adequate warning to the traveling public. The highway streets shall be kept open at all times.

1.7.3 Barricades

At each location designated by the Contracting Officer and where safe operation requires the closing of roads, streets or other travel arteries leading to the work under this contract, the Contractor shall maintain a heavy plank barricade or other effective barrier during construction. Arrangements for closure of roads, streets, or other travel arteries shall be made by the Contractor with local State, County, or City officials. The Contractor shall notify the appropriate official in writing at least ten (10) days in advance of the date he desires to close a road to traffic and shall furnish a copy of the agreement to the Contracting Officer prior to closure. A satisfactory sign shall be placed on each barricade stating that the artery is closed. The cost of barricades shall be at the expense of the Contractor.

1.7.4 State and Federal Highways

Where the Contractor hauls across or on State or Federal highways, he shall enter into all agreements with the State Highway Commission and shall comply with any restrictions they may impose relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damages resulting from hauling across or on State highways. Copies of such agreements shall be furnished to the Contracting Officer before the Contractor begins hauling on these highways.

1.7.5 State and Local Public Roads

(a) Load Limits:

The South Dakota Department of Transportation and local County Road Commissions restrict the load weights of haul vehicles using highways and county roads during the spring thaw period. The load restrictions are usually imposed from 1 April through June depending on actual weather conditions.

(b) Hauling Regulations:

Prior to start of hauling operations on public roads, the Contractor shall furnish evidence to the Contracting Officer that an agreement has been consummated with State and County and other Government officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.

1.7.6 City Streets or County Roads

Where the Contractor intends to cross or to use city streets or county roads for haul roads he shall enter into an agreement and shall comply with any restrictions that may be imposed relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these highways. A copy of all such agreements shall be furnished the Contracting Officer before the Contractor begins hauling on city streets or county roads.

1.7.7 Utility Lines

It shall be the responsibility and obligation of the Contractor to make all arrangements with the affected companies for the necessary moving and alterations of utility lines and the continuation of service during construction as covered by the plans and specifications.

1.8 COOPERATION WITH OTHERS

The Contractor shall cooperate and coordinate his work with that of others as required for orderly completion of all work. In the event of disagreement between the Contractor and others, the decision of the Contracting Officer shall be final.

1.9 WORK BY OTHERS

Public and private authorities may be working in the area during the life of this contract. The Contractor shall coordinate his work with others to avoid undue interference, and shall conduct his operations, other than required access, within the limits of the assigned construction area or construction right-of-way limits. Specifications and drawings showing work under other contracts are available for examination at the Corps of Engineers, Omaha District, 1616 Capitol Avenue, Omaha, NE 68102-4901, or at the Office of the Big Bend Operations Project Manager, 27363 North Shore Road, Chamberlain, SD 57325.

1.10 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Proposed Methods of Operation; G-AO

State and Federal Highways - Agreements for hauling on highways

State and Local Public Roads - Agreements for hauling on roads

AT/OPSEC Pre-screen; FIO

SD-02 Shop Drawings

Care of Water; G-AO

Traffic Control; G-AO

Structural drawings

SD-11 Closeout Submittals

Warranty of Construction

1.11 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

To be submitted in accordance with the CONTRACT CLAUSES clause entitled "Schedule for Construction Contracts" shall indicate the required data for each of the principal features of the work. Contract changes or modifications will not include extensions of time unless the updated progress chart shows that the contract completion date is delayed due to the affect of the change on one or more principal features of the work.

1.12 WARRANTY OF CONSTRUCTION (MAR 1994):

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when damage is the result of-

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufactures, or supplies for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties to be executed for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacture's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)

1.13 PORTABLE TOILETS

Toilet facilities will not be available for Contractor's use. The Contractor shall provide and maintain portable toilets for use by the Contractor's staff. Toilet(s) shall be place at the location directed by the Contracting Officer. To prevent over turning by high winds, all portable toilets shall be anchored down.

1.14 SECURITY REQUIREMENTS

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.

1.14.1 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.

PART 2 NOT USED

PART 3 NOT USED

-- End of Section –

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 33 00

SUBMITTAL PROCEDURES

ATTACHMENTS: Submittal Register (ENG Form 4288) Transmittal Form (ENG Form 4025)

PART 1 GENERAL

1.1 CONTRACTOR RESPONSIBILITIES

1.2 SUBMITTAL IDENTIFICATION (SD)

1.3 SUBMITTAL CLASSIFICATION

1.3.1 Government Approved

1.3.2 Information Only (FIO)

1.3.3 Administrative Submittals

1.4 APPROVED SUBMITTALS

1.5 DISAPPROVED SUBMITTALS

1.6 WITHHOLDING OF PAYMENT

1.7 GENERAL

1.8 SUBMITTAL REGISTER AND ENG FORM 4288 (RMS) SUBMITTAL REGISTER

1.9 SCHEDULING

1.10 TRANSMITTAL FORM (ENG FORM 4025)

1.11 SUBMITTAL PROCEDURE

1.11.1 Procedures

1.11.1.1 "G-DO" Submittals

1.11.1.2 "G-AO" and "FIO" Submittals

1.11.1.3 Certificates of Compliance

1.11.1.4 Purchase Orders

1.11.1.5 Operation and Maintenance Instructions and/or Manuals

1.11.2 Deviations

1.12 CONTROL OF SUBMITTALS

1.13 GOVERNMENT APPROVED SUBMITTALS

1.13.1 "G-DO" Submittals

1.13.2 "G-AO" Submittals

1.14 INFORMATION ONLY SUBMITTALS

1.15 STAMPS

--End of Section Table of Contents—

SECTION 01 33 00

SUBMITTAL PROCEDURES

PART 1 GENERAL

1.1 CONTRACTOR RESPONSIBILITIES

The Contractor is responsible for total management of his work including scheduling, control, and certification of all submittals. The submittal management system provided in these specifications is intended to be a complete system for the Contractor to use to control the quality of materials, equipment and workmanship provided by manufactures, fabricators, suppliers and subcontractors. The Contractor shall review each submittal for contract compliance. This review is based on the contract drawings and specifications. Compliance with the Buy American Act is to be included in this review. The contractor shall provide the country of origin on ENG Form 4025 for each item submitted. Submittals that comply will be forwarded to the Government. Submittals that do not conform will be returned to the originator to be corrected. The Submittal Register (ENG Form 4288) will be utilized to log and monitor all submittal activities. No construction or installation activities shall be performed prior to required approvals of applicable submittals. The Contractor shall perform a check to assure that all materials and/or equipment have been tested, submitted and approved during the preparatory phase of quality control inspections.

1.2 SUBMITTAL IDENTIFICATION (SD)

Submittals required are identified by SD numbers and titles as follows:

SD-01 Preconstruction Submittals

Tabular lists showing location, features, or other pertinent information regarding products, materials, equipment, or components to be used in the work.

In addition the following items are included:

Work Plan Quality Control Plan Permits

SD-02 Shop Drawings

Submittals which graphically show relationship of various components of the work, schematic diagrams of systems, details of fabrication, layouts of particular elements, connections, and other relational aspects of the work.

SD-03 Product Data

Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of material or equipment for some portion of the work.

Samples of warranty language when the contract requires extended product warranties.

SD-04 Samples

Samples, including both fabricated and un-fabricated physical examples of materials, products, and units of work as complete units or as portions of units of work.

Physical examples of materials, equipment or workmanship that illustrate functional and aesthetic characteristics of the material or product and establish standards by which the work can be judged. Color samples from the manufacture's standard line (or custom color samples if specified) to be used in selecting or approving colors for the project.

Field samples and mock-ups constructed on the project site establish standards by which the ensuring work can be judged. Includes assemblies or portions of assemblies which are to be incorporated into the project and those which will be removed at conclusion of the work.

SD-05 Design Data

Calculations, mix designs, analyses or other data pertaining to a part of work.

SD-06 Test Reports

Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accordance with specified requirements. (Testing must have been within three years of date of contract award for the project.)

Report which includes findings of a test required to be performed by the contractor on an actual portion of the work or prototype prepared for the project before shipment to job site.

Report which includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation.

Investigation Reports

Daily Checklists

Final acceptance test and operation test procedure

SD-07 Certificates

A document, required of the Contractor, or through the Contractor, from a supplier, installer, manufacturer, or other lower tier Contractor, the purpose of which is to confirm the quality or orderly progression of a portion of the work by documenting procedures, acceptability or methods or personnel, qualification, or other verification of quality.

Statement signed by an official authorized to certify on behalf of the manufacturer of a product, system or material, attesting that the product, system or material meets specified requirements. The statement must be dated after the award of the contract, must state the Contractor's name and address, must name the project and location, and must list the specific requirements which are being certified.

Confined space entry permits

SD-08 Manufacturer's Instructions

Preprinted material describing installation of a product, system or material, including special notices and material safety data sheets, if any, concerning impedance's, hazards, and safety precautions.

SD-09 Manufacturer's Field Reports

Documentation of testing and verification actions taken by manufacturer's representative to confirm compliance with manufacturer's standards or instructions.

Factory test reports

SD-10 Operation and Maintenance Data

Data intended to be incorporated in operations and maintenance manuals.

SD-11 Closeout Submittals

Documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism.

In addition, the following items are included:

As-built drawings

Special warranties

Posted operating instructions

Training plan

1.3 SUBMITTAL CLASSIFICATION

Submittals are classified as follows:

1.3.1 Government Approved

Governmental approval is required for extensions of design, critical materials, deviations, equipment whose compatibility with the entire system must be checked, and other items as designated by the Contracting Officer.

Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," they are considered to be "shop drawings." All submittals noted in the technical specifications and Submittal Register as "G-DO", "G-AE" or "G-AO" are subject to Government approval

1.3.2 Information Only (FIO)

All submittals not requiring Government approval will be for information only. They are not considered to be "shop drawings" within the terms of the Contract Clause referred to above. The Contracting Officer has the option to review any submittal.

1.3.3 Administrative Submittals

The submittal items listed below are not included on the Submittal Register (as discussed below). Unless directed otherwise by the Contracting Officer, the following administrative submittals shall be submitted to the Area or Resident (as directed) Office, for acceptance, via a Serial Letter: Quality Control Plans (Section 01451A CONTRACTOR QUALITY CONTROL), Accident Prevention Plans (Section 01400 SPECIAL SAFETY REQUIREMENTS, Environmental Protection Plans (Section 01355A ENVIRONMENTAL PROTECTION) and other submittals as directed by the Contracting Officer. Format for the Serial Letter shall be as directed by the Area or Resident Office. The contractor shall submit three (3) copies of administrative submittal items, unless directed otherwise.

1.4 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory.

Approval will not relieve the Contractor of the responsibility for any error which may exist, as the Contractor under the Contractor Quality Control (CQC) requirements of this contract is responsible for dimensions, the design of adequate connections and details, and the satisfactory construction of all work. After submittals have been approved by the Contracting Officer, no resubmittal for the purpose of substituting materials or equipment will be considered unless accompanied by an explanation of why a substitution is necessary.

1.5 DISAPPROVED SUBMITTALS

The Contractor shall make all corrections required by the Contracting

Officer and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause "Changes" shall be given promptly to the Contracting Officer.

1.6 WITHHOLDING OF PAYMENT

Payment for materials incorporated in the work will not be made if required approvals have not been obtained.

1.7 GENERAL

The Contractor shall make submittals as required by the specifications. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) System Manager and each item shall be stamped, signed, and dated by the CQC System Manager indicating action taken. Proposed deviations from the contract requirements shall be clearly identified. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders;

samples; O&M manuals (including parts list); certifications; warranties; and other such required submittals.

Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples remaining upon completion of the work shall be picked up and disposed of in accordance with manufacturer's Safety Data Sheets (SDS) and in compliance with existing laws and regulations.

1.8 SUBMITTAL REGISTER AND ENG FORM 4288 (RMS) SUBMITTAL REGISTER

At the end of this section is a submittal register (submittal form) showing items of equipment and materials for which submittals are required by the specifications; this list may not be all inclusive and additional submittals may be required. The attached submittal register identifies only the submittal section, type of submittal, description of item submitted, paragraph number related to submittal item (section submittal paragraph if none listed), submittal classification (G), and submittal reviewer identifier (DO, AE, or AO). Any submittal without a submittal classification and submittal reviewer identifier is considered to be For Information Only (FIO). The submittal register generated by the Government Resident Management System (RMS) Software is used for tracking construction submittals and is referred to as ENG Form 4288 (RMS). The Contractor shall attach ENG Form 4288 (RMS) for the project in accordance with the attached ENG Form 4288 (RMS) Instructions.

Contractor will be furnished one (1) set of ENG Form 4288 (RMS) at the preconstruction conference. Much of the same information contained on the attached submittal register will be included on the ENG Forms 4288 (RMS) furnished to the Contractor. The Contractor shall complete the appropriate columns as indicated on the attached ENG Form 4288 (RMS) Instruction and return to the Contracting Officer for approval within 20 calendar days after the preconstruction conference. The ENG Form 4288 (RMS) will become a part of the contract after approval. The TRANSMITTAL NUMBER AND ITEM NUMBER shall be left blank for use later to record the respective transmittal and item number corresponding to those listed on the transmittal form entitled: "TRANSMITTAL OF

SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES, OR MANUFACTURER'S CERTIFICATES

OF COMPLIANCE" (ENG Form 4025). The approved ENG Form 4288 (RMS) will become the scheduling document and will be used to control submittals throughout the life of the contract. The ENG Form 4288 (RMS) and the progress schedules shall be coordinated.

1.9 SCHEDULING

Submittals covering component items forming a system or items that are interrelated shall be scheduled to be coordinated and submitted concurrently. Certifications to be submitted with the pertinent drawings shall be so scheduled. Adequate time (a minimum of 20 calendar days exclusive of mailing time) shall be allowed and shown on the register for review and approval. No delay damages or time extensions will be allowed for time lost in late submittals.

1.10 TRANSMITTAL FORM (ENG FORM 4025)

The sample transmittal form (ENG Form 4025) attached to this section shall be used for submitting both Government approved and information only submittals in accordance with the instructions on the reverse side of the form. These forms will be furnished to the Contractor. This form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item.

1.11 SUBMITTAL PROCEDURES

Submittals shall be made as follows:

1.11.1 Procedures

1.11.1.1 "G-DO" Submittals All items listed as "G-DO" submittals in the various sections or on the Submittal Register shall be mailed to the addressee shown below as directed. For each submittal, a completed information copy of the attached transmittal form shall also be mailed to the Area Engineer.

Technical Reviewer

Engineering Division (DO) Attn: CENWO-ED-DI U.S. Army Engineer District, Omaha 106 South 15th Street Omaha, NE 68102-1618

Each required submittal which is in the form of a drawing shall be submitted as seven (7) prints of the drawing.

Drawing prints shall be either blue or black line permanent type prints on a white background or blueprint and shall be sufficiently clear and suitable for making legible copies.

All catalog and descriptive data shall be submitted in three (3) copies. Catalog cuts and other descriptive data which have more than one model, size, or type or which shows optional equipment shall be clearly marked to show the model, size, or type and all optional equipment which is proposed for approval. Submittals on component items forming a system or that are interrelated shall be submitted at one time as a single submittal in order to demonstrate that the items have been properly coordinated and will function as a unit.

1.11.1.2 "G-AO" and FIO Submittals Except as noted below, data for all items listed as "G-AO" Submittals in the various sections shall be submitted in two (2) copies to the Area Engineer using the transmittal form. Items not to be submitted in multiples, such as samples and test cylinders, shall be submitted to Area or Resident Engineer (as directed) accompanied by two (2) copies of the transmittal form.

Area Engineer Reviewer U.S. Army Corps of Engineers Attn: Operations Project Manager Big Bend Project Office 33573 North Shore Road Chamberlain, South Dakota 57325

Except as noted below, data for all items listed as FIO Submittals in various sections shall be submitted in two (2) copies to the Area Engineer using the transmittal form. Items not to be submitted in multiple, such as samples and test cylinders, shall be submitted to the Area or Resident Engineer (as directed) accompanied by two (2) copies of the transmittal form. The Government has the option to review any FIO submittal.

1.11.1.3 Certificates of Compliance

Each certificate shall be signed by and official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the contractor, the project name and location, and the quality and date or dates of shipment or delivery to which the certificates apply.