Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912BU-15-R-0016 11-Mar-2015

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 24 Mar 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BU9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W25PHS50097145

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTR DIV-CONTRACTS BR

USAED, PHILA DISTRICT

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 9624BU 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

OPS PHYS SB-FM PROJ OFC

MICHAEL LANDIS

FORT MIFFLIN PROJECT OFC U.S. ARMY RESERVATIO

FLIN

PHILADELPHIA PA 19153

TEL: 215-656-6850 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

15.0

NAICS:

238910

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BU-15-R-0016

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SPECIAL INSTRUCTIONS

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."

In accordance with FAR 52.204-10, “Reporting Executive Compensation and First-Tier Subcontract Awards,” contractors are required to report information on subcontract awards for all awards over $25,000.00. The contract shall follow the instructions and report the required information at http://www.fsrs.gov. The contractor is responsible for notifying its subcontractors that the required information will be made public.

INVOICES:

Mail invoices to address in Block 18a and send a copy of invoice to:

U.S. Army Corps of Engineers, Blue Marsh Lake Administration Building ATTN: CENAP-BML (Michael Cox) 1268 Palisades Drive Leesport, PA 19533

BID SCHEDULE

DREDGE DISPOSAL SITE DRAINAGE SERVICES CONTRACT

WILMINGTON NORTH DISPOSAL AREA

BID SCHEDULE

CLIN Description of Services Unit Qty Unit Price ($) Total Price ($)

0001 Phase In JOB 1 0002 Ditching & Drainage Services

(Total)

DAY 100

0003 Phase Out JOB 1

Total

The Contractor shall perform all services specified for the amount indicated. Contractor requirements and procedures are contained in the Performance Work Statement.

All prices shall be expressed in Dollars ($).

The prices offered in the Schedule of Services and Rates shall be inclusive of all general administrative costs related to the performance of this contract. All costs incidental to the performance of line items shall be included in the line item prices, that is, all direct, indirect and general and administrative overhead including profit and all other costs associated with those line items.

Payment of CLIN 0001 will be made upon submittal of bonds, receipt and approval of all pre-construction submittals, and mobilization of equipment to the work site.

Payment of CLIN 0002 will be made on a milestone basis. At each increment of 25 work days performed, the contractor may invoice for 25% of CLIN 0002. Payment will be processed only if the contractor has also completed at least 25% of the perimeter ditch length as well, each increment equal to 1500 linear feet. For example, at 75 days of performed work, the contractor may invoice for up to 75% of CLIN 0002 if he has also completed at least 75% of the perimeter ditch length, equal to 4500 linear feet at 75%.

Payment of CLIN 0003 will be made upon completion of de-mobilization of the work site.

ITEM NO SUPPLIES/SERVICES

0001 Phase In: FFP. This acquisition utilizes a firm-fixed-price (FFP). This line item provides for all costs associated with phasing in the service contractor to perform the services described in the Performance Work Statement. These costs include the cost of acquiring performance and payment bonds as well as any additional administrative costs associated with preparing to provide the required services.

0002 Drainage Services: This line item provides the unit price and total price of the cost to provide the actual drainage services over the 100 day period. The total Drainage Services rate should include all personnel, materials, equipment and miscellaneous costs to perform the work described in the Performance Work Statement.

0003 Phase Out: FFP. This line item provides for all costs associated with phasing out the services contract. This line item includes all costs associated with finalizing acceptance of the contract.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Phase In

FFP

Phase In- This acquisition utilizes a firm-fixed-price (FFP). This line item provides for all costs associated with phasing in the service contractor to perform the services described in the Performance Work Statement. These costs include the cost of acquiring performance and payment bonds as well as any additional administrative costs associated with preparing to provide the required services.

FOB: Destination

MILSTRIP: W25PHS50097145

PURCHASE REQUEST NUMBER: W25PHS50097145

NET AMT

0002 100 Days Ditching and Drainage Services

FFP

Drainage Services: This line item provides the unit price and total price of the cost to provide the actual drainage services over the 100 day period. The total Drainage Services rate should include all personnel, materials, equipment and miscellaneous costs to perform the work described in the Performance Work Statement

0003 1 Job Phase Out

FFP

This line item provides for all costs associated with phasing out the services contract. This line item includes all costs associated with finalizing acceptance of the contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government

SCOPE OF WORK

DREDGE DISPOSAL SITE DRAINAGE SERVICES CONTRACT

WILMINGTON NORTH DISPOSAL AREA

PERFORMANCE WORK STATEMENT (PWS)

1. Description of Services. The Wilmington North Disposal Area is an earthen dike disposal area with approximately 130 acres of containment space designed to hold dredged materials. This site allows sediments transported as dredge slurry to settle out before water is discharged back into the waterway. During drainage services aimed at drying and consolidating materials in-place the water is discharged back into to the waterway through a series of drainage ditches leading to the sluiceway. The purpose of this contract is to identify a contractor who will provide all management, tools, supplies, equipment and labor necessary to provide drainage services to the Wilmington North Disposal Area beginning in April 2015.

2. Period of Performance. Performance period for this contract will be no more than 100 “Work Days.” The term “Work Days” includes all days Monday through Friday following issuance of notice to proceed. The term “Work Days” does not include weekends or federal holidays.

3. Hours of Operation. Contractor personnel shall be provided access to the Dredge Disposal Site on Work Days between the hours of 7 am and 3:30 pm.

4. Specific Requirements.

a. The purpose of the disposal site is to provide a place to dispose of dredge material removed during Army Corps maintenance dredging operations. It is essential that the contractor ensure that the disposal site experiences significant drying by providing adequate drainage at the end of the period of performance.

b. To provide for adequate drainage, the contractor must ensure that, at a minimum, it

i. Excavates a drainage ditch along the entire inside perimeter of the stand‐alone earthen disposal area dike line which measures approximately 6,000 feet. Perimeter ditching is not required along the toe of the landfill. The perimeter ditch will be located approximately 50‐feet from the inside toe of the dike‐line. The ditch must be excavated to a minimum depth and width of 4‐feet.

ii. Constructs “Finger drainage ditches” perpendicular to the perimeter ditches at a distance of 500‐ feet inside the disposal area starting from and connecting to the perimeter ditch. The contractor will be responsible for determining the distance/interval between the finger ditches to allow for maximum drainage and drying. Finger ditches must be excavated to a minimum depth and width of 4‐feet.

iii. Maintains clear drainage flow way to the sluice box. The contractor will periodically be required to manipulate the wooden stop logs of the sluice to maximize and maintain drainage flow.

iv. Stockpile materials within the disposal area in a manner that enhances the drying process. The Government reserves the right to inspect the stockpiles and advise the contractor if changes are required to better enhance the drying process.

v. Holds weekly meetings on‐site to discuss proposed work activities, milestones, and other contract related issues. The contractor will submit meeting minutes to Government Superintendent within 3 days each weekly meeting.

5. Equipment. The contractor will be operating in swamp‐like conditions. In order to show that the contractor is capable of completing the performance requirements, the contractor must show that it owns or has access to the following piece of equipment for the duration of the Period of Performance:

a. Amphibious Crawler mounted backhoe (excavator) on pontoons suitable for operations in swamp‐like conditions. If the backhoe/excavator is equipped with a 1 cubic yard capacity bucket, then 1 cubic yard heaps of dredge material will be acceptable during the performance of the contract requirements. To be acceptable, the backhoe/excavator must be sized and factory rated to perform with the associated bucket.

b. The backhoe/excavator must meet the following minimum specifications:

i. Class: 325

ii. Long Reach Boom: 60-foot

iii. Track Roller Chain: Heavy duty, Engineer class

iv. Steering: Two pivoting foot pedals with detachable levers with each pedal/lever operating its corresponding track.

c. The contractor is responsible for determining which pieces of equipment are required to complete work on a daily basis.

6. Work Plan. The Work Plan shall be prepared and implemented by the Contractor as part of its project work. The Work Plan shall apply to all tasks/activities and products required by this contract. The Work Plan shall be submitted in a report format, and approved by the Contracting Officer’s Representative (COR) before field activities can commence. The Contractor shall provide one electronic copy of the Draft Final Work Plan to COR who will then state what changes must be made, or accept the draft as a final.

The project specific work plan shall include, at a minimum:

a. Detailed project schedule through the entire period of performance.

b. Procedures for maintaining equipment during period of performance.

c. Plan for completing and submitting all reports in a timely manner.

7. Health and Safety Plan. The Contractor will be responsible for providing appropriate on‐site management and supervision to accomplish work tasks and comply with the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385‐1‐1.

a. EM 385‐1‐1 and its changes are available at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385‐1‐

1.pdf

b. The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is 10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date. (For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract. If the time for receipt of offers is extended from 10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.) Equipment and operators must be onsite and ready to work no later than the date specified in the notice to proceed unless otherwise specified within the contract.

c. The Contractor shall submit a project specific health and safety plan (HASP) for review and approval prior to initiation of any fieldwork. The final HASP shall include all review comments and Contractor’s responses. The HASP will comply with OSHA, EM 385‐1‐1 (current version) and any other federal, state or local requirements. The HASP will detail personnel training and responsibilities, project equipment, necessary personal protective equipment, decontamination, medical surveillance, and other applicable procedures and protocols for maintaining complete project safety. Any action required protecting the surrounding environment, community and other third parties (e.g. visitors) will be discussed. The Contractor shall ensure that his/her personnel are not only aware of, but also comply with the safety requirements. Adherence to the plan and protection of the environment is the responsibility of the Contractor.

d. Draft Final HASP shall be submitted electronically in a report format to COR and approved by COR before field activities are authorized to commence. Upon approval from COR, the Contractor shall provide the Final HASP for the project records.

8. Accident Prevention Plan. The contractor shall submit a project specific Accident Prevention Plan. It is expected that the Accident Prevention Plan will require the Contractor to immediately notify COR and designated US government safety officer of all accidents or incidents involving employee use of or damage or injury to facilities, equipment, or personnel.

9. Contractor Quality Control Plan. The Contractor shall be responsible for contract performance quality control. To facilitate this effort, the Contractor shall establish an inspection system acceptable to the Government. The Contractor shall provide a Quality Control Plan (QCP) which addresses methods for meeting the requirements of this task order. The complete QCP shall be submitted to COR in accordance with the delivery schedule. Contractor shall revise the QCP at no additional cost to the Government if ordered by the Contracting Officer.

10. Quality Assurance Program.

a. The government shall evaluate the contractor’s performance under this contract. All surveillance observations shall be recorded by the government. When an observation indicates deficient or defective performance, the on‐site government supervisor shall request the contractor’s representative initial the observation.

b. Government verification of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered.

c. Final Acceptance. Prior to contract completion, Government Superintendent will perform a final inspection of the contract area to ensure that the contractor has complied with all contract requirements. The results of that inspection will be documented by Government Superintendent for the contract file.

11. Services Summary.

Performance Objective PWS para. Performance Threshold

Excavation of perimeter ditch. 4.b.i. Excavation completed in accordance with milestone schedule.

Construction of finger ditches 4.b.ii. Construction completed in accordance with milestone schedule.

Maintain drainage flow by maintaining ditch stability and actively managing sluice box boards.

4.b.iii. Ensure sufficient drainage of project site. The perimeter ditch will be constructed in accordance with the requirements described in the referenced paragraph, and maintained to continue drainage.

Additionally, active management of the sluice box boards to facilitate continual drainage is occuring.

Stockpiling/Drying Excavated Materials

4.b.iv. Ensuring that drainage ditches are properly functioning throughout the Period of Performance.

Weekly Meetings 4.b.v. Maintain 90% satisfaction of this requirement.

Work Plan 6 Acceptance by Government.

HASP 7 Acceptance by Government.

Accident Prevention Plan 8 Acceptance by Government.

QCP 9 Acceptance by Government.

12. Points of Contact.

Contracting Officer Representative (COR): Jerry Jones (215) 656- 6750 Project Manager: Michael Landis (215) 656--6587

SPECIAL CONTRACT REQUIREMENTS

Preparation of equipment, such as fueling, lubricating and other preventive maintenance measures shall be performed by the Contractor prior to start of regular work day.

During periods of minor repairs and servicing, such as lubricating, during the work day, the equipment will be considered not to be in continuous operation.

In the event any one piece of equipment breaks down and negates the use of other units, all equipment will be considered down and the contractor will be reimbursed for only those hours actually worked.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 22-JUL-2015 1 OPS PHYS SB-FM PROJ OFC

MICHAEL LANDIS

FORT MIFFLIN PROJECT OFC U.S. ARMY

RESERVATIO

FLIN

PHILADELPHIA PA 19153

215-656-6850

9624BU

0002 22-JUL-2015 100 (SAME AS PREVIOUS LOCATION)

0003 22-JUL-2015 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

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

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2013

52.208-4 Vehicle Lease Payments APR 1984 52.208-5 Condition of Leased Vehicles APR 1984 52.208-6 Marking of Leased Vehicles APR 1984 52.208-7 Tagging of Leased Vehicles MAY 1986 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

DEC 2014

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

AUG 2013

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (DEC 2014) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014 52.219-1 Alt I Small Business Program Representations (Oct 2014)

Alternate I

MAY 2014

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007

52.222-27 Affirmative Action Compliance Requirements for Construction

FEB 1999

52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-34 Project Labor Agreement MAY 2010 52.222-35 Equal Opportunity for Veterans JUL 2014 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans JUL 2014 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer

Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture SEP 2006 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.247-34 F.O.B. Destination NOV 1991

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2014

252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7006 Cost Limitation JAN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;

and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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

The Contractor shall be required to (a) commence work under this contract within 100 calendar days after the date the Contractor receives the notice to proceed,. Notice to Proceed will be issued after USACE approval of

Performance and Payment Bonds, which are required to be submitted within ten (10) calendar days after notice of award. b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 22 July 2015.

The time stated for completion shall include final cleanup of the premises.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(a) 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 Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

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

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

(4) A technical description of the items being offered 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 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(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 offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the…