08T0125.pdf

OD, NAO, KAW LAKE

ARLYN HENDRICKS

9400 LAKE RD

PONCA CITY OK 74604-7233

TEL: 580-762-5611 FAX:

W44XGQ81514608

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE RATING

W912BV-08-T-0125 20-Jun-2008 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 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.

UNDER BDSA REG.

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

REQUEST NO.

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-

9. (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATIO

[ ] OTHER

(See Schedule)

07-Jul-2008 (Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

918-669-7088TINA A COX

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

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

W912BV-08-T-0125

IMPORTANT INFORMATION

BEFORE YOU CALL, PLEASE MAKE SURE YOU HAVE READ THE FOLLOWING:

Important Information Sheet, Bid Preparation Checklist Sheet, and the Request for Quotations (RFQ)/Solicitation. “PLEASE

USE BID PREPARATION CHECKLIST WHILE YOU ARE COMPLETING THE SOLICITATION.”

IF ALL REQUIRED MATERIALS ARE NOT RECEIVED, YOUR QUOTE WILL NOT BE CONSIDERED.

All questions pertaining to the actual work and the last job’s price should be directed to the Corps POC. You can find the Corps POC and telephone number located on page 5 of the RFQ/Solicitation.

Questions pertaining to completing the Request for Quotations (RFQ)/Solicitation only, contact Ms. Tina Cox at 918-669- 7088.

For all wage rates questions, call 918-669-4909.

Regular office hours: Monday to Friday, 7:45 a.m. to 4:30 p.m. CST

Fax quotes are acceptable. Fax your quote on or before the date quotations are due. You must complete and fax all required pages. Fax number is 918-669-7495, if unavailable 918-669-7436.

E-mail quotes are not acceptable.

If mailing your quote, mail it early enough so it will arrive on time. Your bid must be received by the closing date stated on Standard Form 18, block 10 or on Standard Form 1449, block 8. Write or type at the bottom left corner of the envelope the solicitation number: If Standard Form 18, see block 1, if Standard Form 1449, see block 5.

RETURN SOLICITATION/QUOTATION TO:

MS. TINA COX, CESWT-CT-C

TULSA DISTRICT, CORPS OF ENGINEERS

1645 SOUTH 101ST EAST AVENUE

TULSA, OK 74128-4609

IN ORDER FOR YOUR QUOTATION TO BE CONSIDERED RESPONSIVE (MAILED OR FAXED), ALL

REQUIRED MATERIALS COMPLETED MUST BE RECEIVED IN THE ISSUING OFFICE ON OR BEFORE THE

DATE YOUR QUOTATION IS DUE.

Please wait at least one (1) week from the quotation due date before checking website or calling for results. After the contract is awarded and signed, award information will be posted on our website http://www.swt.usace.army.mil. Click Contracting, click Award Results, choose Solicitation type: Simplified Acquisition, search for solicitation no., click View Bid Results. If you call for results, you will need to provide the request number on Standard Form 18, see block 1 or the solicitation number on Standard Form 1449, see block 5. NO EMAILS PLEASE!

BID PREPARATION CHECKLIST

ALL INFORMATION REQUIRED BY THE TERMS OF THE SOLICITATION MUST BE FURNISHED. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included, but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper quote. PLEASE USE THIS CHECKLIST AS

YOU COMPLETE THE RFQ/SOLICITATION!

____ Have you obtained a DUNS number? See Clause 52.204-6, Data Universal Numbering System (DUNS) Number.

Write DUNS number on page 1 along with your name and address.

____ A CAGE code is another mandatory data element for being registered in the CCR. A CAGE code can be obtained from the Defense Logistics Service Center (DLSC) by contacting Customer Service and marking menu selections at 888-352-9333, FAX 616-691-5305, or E-mail dsc-cso@dlsc.dla.mil/. If registration forms for USA companies are submitted without the CAGE code, one will be assigned.

____ Have you registered in Central Contracting Registration Database (CCR)? See Clause 252.204-7004, Required

Central Contractor Registration. If you are not registered, you must begin the process immediately. Complete representations and certifications at https://orca.bpn.gov in conjunction with the CCR database and RFQ/Solicitation.

The name you use to submit a quote must be the exact name you use to register in CCR.

_____ See Clause 52.204-8, Annual Representations and Certifications. Have you completed the representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at https://orca.bpn.gov?

____ If required, have you entered a unit price for each line item? The amount column is for the total amount. If your price exceeds $2,000 for construction work or $2,500 for services, you will be required to pay employees at least the wage rates specified in the applicable wage decision/determination.

____ Have you considered the amount of labor, equipment, and materials needed to perform all the work required by the specifications? Before entering prices on the bid schedule recheck all working papers. Are your figures legible? Are the extensions of your unit price and your total price correct?

____ If your quote is over $25,000 for construction work only, a 100% payment protection will be required. See Clause

52.228-13, Alternative Payment Protections. If you are the apparent low quoter, you will be notified by letter before award of contract.

____ All erasures and/or corrections must be initialed by the person signing the RFQ.

____ Have you acknowledged all amendments, if any have been issued? Procedure for acknowledgement of amendments is stated in block 11 of the amendment.

____ Fax quotes are acceptable. Fax your quote (all required pages) on or before the date quotations are due. Fax number is 918-669-7495, if unavailable use 918-669-7436.

____ Have you provided a telephone number you can be reached during the business hours of 7:45 a.m. to 4:30 p.m.

CST?

____ Block 12, Discount for Prompt Payment. If you are offering a discount. A prompt payment discount is the amount your invoice will be discounted if the Government pays your bill early. For example: If your invoice is for $100 and you offer a discount of 1% within 20 days, and the Government pays you within 20 days, your payment would be $99.

____ Be sure to properly complete your quotation. Check all appropriate blocks. In order for your quotation to be considered responsive, you must complete and return pages: 1, 5, 9, 10, and 12 of the RFQ/Solicitation, any amendments (if any were issued), and page with references.

BID PREPARATION CHECKLIST (CONT)

NOTE: IF ALL OF THE INFORMATION BELOW IS NOT PROVIDED, YOUR QUOTE WILL NOT BE

CONSIDERED.

RETURN THE FOLLOWING PAGES WITH INFORMATION PROVIDED:

Page 1: Blocks 12 (if giving a discount), 13, 14, 15, and 16

Page 5: Bid Schedule

Page 9-10: Clause 52.204-3, Taxpayer Identification (Oct 1998)

Page 12: Clause 52.204-8, Annual Representations and Certifications (Jan 2006)

Page 12: Clause 52.219-1, Small Business Program Representations (May 2004)

NOTE: If you are the successful offeror you must be registered in the Central Contractor Registration (CCR) database before award can be made. If you are not registered in the CCR database you can do so by going to www.ccr.gov.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/

SERVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $____________ $__________________

REPAIR ASPHALT PARKING LOT AT SARGE CREEK COVE

PUBLIC USE AREA, KAW LAKE, KAY COUNTY, OK. WORK

SHALL BE PERFORMED IN ACCORDANCE WITH THE

ATTACHED SCOPE OF WORK.

ALL WORK SHALL BE COMPLETED IN 30 CALENDAR DAYS

AFTER AWARD OF PURCHASE ORDER.

WAGE DECISION NO. OK080002 IS ATTACHED AND

APPLICABLE TO THIS WORK.

FOB: Destination

MILSTRIP: W44XGQ81514608

PURCHASE REQUEST NUMBER: W44XGQ81514608

SPECIFICATIONS

SARGE CREEK COVE

ASPHALT PARKING LOT REPAIR

KAW LAKE

PART 1 – GENERAL

1.1 SCOPE OF WORK

Provide supplies, services and equipment to remove all soil and vegetation from all cracks and potholes in the parking lot and drive area down to the base material, remove loose asphalt from the potholes, fill and compact potholes and cracks, apply tack coat bonding agent to entire area to be overlayed. Place ODOT Type B asphaltic concrete to provide a full one and one half inch (1 1/2”) roller compacted layer on existing parking lot and drive area and stripe the parking area as indicated on the drawings. The area to be overlayed and striped is located in Sarge Creek Cove Public Use Area. It is approximately 8990 square yards of roadway and parking. Striping will be approximately 340 lineal feet of yellow and 4500 lineal feet of white. All work shall comply with the Oklahoma Department of Transportation Specifications for Highway Construction. Sarge Creek Cove is located on Kaw Lake approximately 2 miles east of Kaw City on SH 11 in Kay County, Oklahoma. A site visit is recommended but not required.

1.2 REFERENCES

U S Army Corps of Engineers Safety and Health Requirements Manual EM385-1-1, Oklahoma Department of Transportation Specifications for Highway Construction.

1.3 BASIS FOR PAYMENT

One lump sum upon completion and acceptance of work.

1.4 WORK HOURS

Regular work hours will be from 8:00 am – 4:30 pm Monday through Friday, excluding federal holidays. Any proposed changes to the work hours must be approved by the Contracting Officer.

1.6 COMPLETION TIME

Work shall be completed with-in 30 calendar days after award of the purchase order.

1.7 SAFETY REQUIREMENTS

The contractor shall comply with the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 dated 3 November 2003 and all applicable Federal, State, and local safety codes and practices. It is the contractor’s responsibility to insure public safety during the entire duration of the contract. Necessary signs, barriers, warning devices, etc. shall be operated and maintained by the contractor at contractor expense. Contractor employees shall comply with the minimum dress requirements as stated in Section 5 of EM 385-1-1

1.8 EQUIPMENT

All equipment used to perform work under this contract shall be in good operating and mechanical condition and shall comply with Section 18 of EM 385-1-1. Equipment shall be inspected by the contractor and the inspection reports shall be submitted to the Contracting Officer prior to utilization of such equipment to accomplish work on this contract.

1.9 WEATHER LIMITATIONS

None

1.10 SUBMITTALS

N/A

1.11 PREWORK CONFERENCE

A prework conference will be held with the Contracting Officer and contractor prior to the commencement of any work. The contractor’s responsible person and necessary administrative staff will be required to attend this meeting. Procedures for proper invoicing and payment, schedule, etc., will be covered at this time.

1.12 ENVIRONMENTAL CLEANUP

The contractor shall maintain a clean work area at all times. The contractor shall be responsible for the protection of the environment and will be required to restore all damages subject to the approval of the contracting officer. The contractor shall remove and dispose of all debris at a location designated on Government property with-in ½ mile of work site. The contractor will be required to comply with all Federal and State environmental requirements.

1.13 COORDINATION OF WORK

All work shall be coordinated through the Kaw Lake Office 580 762 5611, point of contacts:

Arlyn Hendricks (ex) 21 Jim Anderson (ex) 17 Jim Miller (ex) 19

PART 2 – PRODUCTS

2.1 MATERIALS

ODOT Type B Asphalt

2.2 GOVERNMENT FURNISHED PROPERTY

None

PART 3 - EXECUTION

3.1 ACCOMPLISHMENT OF WORK

All work shall be accomplished in a safe, workmanlike manner and in accordance with standard industry practices.

3.2 TESTING

None

3.3 WARRANTY

All materials and workmanship shall be warranted for a period of 1 year.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30 dys. ADC 1 OD, NAO, KAW LAKE OFC

ARLYN HENDRICKS

9400 LAKE RD

PONCA CITY OK 74604-7233

580-762-5611 FOB: Destination

M5R00DA

Section G - Contract Administration Data General Decision Number: OK080002

02/08/2008 OK2

Superseded General Decision Number: OK20070002

State: Oklahoma

Construction Types: Heavy Sewer and Water Line and Highway

Counties: Adair, Alfalfa, Atoka, Beaver, Beckham, Blaine, Bryan, Caddo, Carter, Cherokee, Choctaw, Cimarron, Coal, Cotton, Craig, Custer, Delaware, Dewey, Ellis, Garvin, Grady, Grant, Greer, Harmon, Harper, Haskell, Hughes, Jackson, Jefferson, Johnston, Kay, Kingfisher, Kiowa, Latimer, Le Flore, Lincoln, Love, Major, Marshall, Mayes, McCurtain, McIntosh, Murray, Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Ottawa, Pawnee, Payne, Pittsburg, Pontotoc, Pushmataha, Roger Mills, Seminole, Stephens, Texas, Tillman, Washington, Washita, Woods and Woodward Counties in Oklahoma.

Construction, alteration, and/or repair of streets, highways, runways, erosion control structures and water and sewer utilities (but does not include building structures on highway rest areas) also excludes heavy construction within the city limits of Muskogee.

Modification Number Publication Date 0 02/08/2008

W44XGQ81514608, ROAD WORK AT SARGE CREEK COVE PUBLIC USE AREA, KAW LAKE, KAY

COUNTY, OKLAHOMA

OK080002 - 1

02/08/2008

SUOK1991-001 12/12/1991

Rates Fringes Air Tool Operator..............$ 6.50 Asphalt Raker..................$ 6.75 Blaster........................$ 8.75 Carpenter......................$ 8.50 Concrete Finisher-Paving.......$ 8.60 Concrete Finisher-Structures...$ 8.00 Concrete Rubber................$ 6.50 Flag Person....................$ 6.25 Form Builder-Structures........$ 7.50 Form Setter-Paving & Curb......$ 7.50 Form Setter-Structures.........$ 7.50 Labor Common...................$ 6.25 Manhole Inlet Builder..........$ 7.25 Mechanic.......................$ 9.00 Painter-Structures.............$ 7.00 Pile Driver....................$ 7.50 Pipelayer......................$ 7.50 Power equipment operators:

ASPAHLT PAVING MACHINE

SCREED......................$ 8.55

ASPHALT DISTIBUTOR..........$ 7.55

ASPHALT HOT-MIX PLANT.......$ 8.50

ASPHALT PAVING MACHINE......$ 8.55

BACKHOE-LOADER..............$ 8.30

BOX BLADE-LOADER............$ 7.55

BROOM/SWEEPER...............$ 7.00

BULLDOZER (150 H.P. &

LESS).......................$ 8.40

BULLDOZER (OVER 150

H.P.).......................$ 8.75

CONCRETE MIXING PLANT.......$ 8.50

CONCRETE PAVING

CURING/TEXTURE/FLOAT........$ 8.50

CONCRETE PAVING

FINISHING MACHINE...........$ 8.55

CONCRETE PAVING FORM

GRADER......................$ 8.20

CONCRETE PAVING GRINDER.....$ 7.60

CONCRETE PAVING JOINT

SEALER......................$ 7.75

CONCRETE PAVING SPREADER....$ 8.50

CONCRETE SAW OPERATOR.......$ 7.40

CONCRETE SCREED MACHINE.....$ 7.75

CRANE, CLAMSHELL,

DERRICK, DRAGLINE,

SHOVEL (1 1/2 C.Y.

& LESS).....................$ 7.95

DERRICK, DRAGLINE,

SHOVEL (OVER 1 1/2

C.Y.).......................$ 8.50

CRUSHER & SCREENING

PLANT.......................$ 8.25

CURB MACHINE (SLIPFORM).....$ 8.30

FOUNDATION DRILL, TRUCK

MOUNTED.....................$ 11.85

OK080002 - 2

FRONT END LOADER (2-1/2

C.Y. & LESS)................$ 7.75

FRONT END LOADER (OVER

2-1/2 C.Y.).................$ 8.45

HYDRAULIC EXCAVATOR.........$ 8.65

MOTOR GRADER (FINE

GRADE)......................$ 9.05

MOTOR GRADER (ROUGH)........$ 8.00

PAVEMENT MAKING MACHINE.....$ 8.00

PLANER, MILLING MACHINE.....$ 8.25

PUGMILL MIXING PLANT........$ 7.15

PUMP CRETE..................$ 7.15

REINFORCING STEEL

MACHINE.....................$ 7.40

ROLLER PNEUMATIC

(SELF-PROPELLED)............$ 7.45

ROLLER STEEL-WHEEL

(OTHER).....................$ 7.45

(PLANT-MIX).................$ 7.85

SCRAPER (17 C.Y. & LESS)....$ 8.30

SCRAPER (OVER 17 C.Y.)......$ 8.55

SELF-PROPELLED HAMMER.......$ 7.20

SIDE-BOOM...................$ 7.65

TRACTOR: CRAWLER (150

H.P. & LESS)................$ 7.15

TRACTOR: CRAWLER (OVER

150 H.P.)...................$ 7.50

TRACTOR: PNEUMATIC (80

H.P. OR LESS)...............$ 7.45

TRACTOR: PNEUMATIC

(OVER 80 H.P.)..............$ 7.65

TRAVELING MIXER.............$ 7.25

TRENCHING MACHINE...........$ 8.25

WAGON DRILL, BORING

MACHINE OR POST HOLE........$ 6.60

Reinforcing Steel Setter Paving.........................$ 7.50 Reinforcing Steel Setter Structures.....................$ 7.50 Servicer.......................$ 7.75 Sign Erector...................$ 8.00 Spreader Box Person............$ 7.00 Steelworker Structural.........$ 7.50 Traffic Control Device Monitor........................$ 7.00 Traffic Signal Installer.......$ 11.50 Truck Driver

LOWBOY, FLOAT...............$ 8.60

SINGLE AXLE, 2 TONS &

UNDER.......................$ 6.85

SINGLE AXLE, OVER 2 TONS....$ 7.05

TANDEM AXLE &

SEMITRAILOR.................$ 7.30

Vibrator Operator - Hand Type...........................$ 6.25

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

OK080002 - 3

02/08/2008 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

OK080002 - 4

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records FEB 1988 52.222-9 Apprentices and Trainees JUL 2005 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.232-18 Availability Of Funds APR 1984 52.242-14 Suspension of Work APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4515 - SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS’ UNCLASSIFIED

CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and FD-258 fingerprint card and submit to the Tulsa District Security Office, 1645 South 101st East Avenue, Tulsa, OK 74128-4609, within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS.

Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Tulsa District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Tulsa District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORT

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer require a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement, anyone qualified in the Tulsa District Field Offices, or by making an appointment with the District Security Officer, Patricia Lutz (telephone 918/669-7326). The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Tulsa District Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE:

exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (FEB 2008)

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

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

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

(ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246).

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(2) Listed below are additional clauses that apply:

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

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

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

(iv) 52.232-25, Prompt Payment (Oct 2003).

(v) 52.233-1, Disputes (Jul 2002).

(vi) 52.244-6, Subcontracts for Commercial Items (MAR 2007).

(vii) 52.253-1, Computer Generated Forms (Jan 1991).

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

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

(i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793) (Applies to contracts over $30,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).

(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to contracts over $100,000).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract Act and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer continental shelf lands.).

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities).

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

(A) Delivered;

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

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

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

(ix) 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

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

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

(x) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (May 1999). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.)

(xi) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (Oct 2003).

(Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.)

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

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

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over $30,000).

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

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

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

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

(Insert one or more Internet addresses)

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

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

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

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

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

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

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

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

(End of clause)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.219-20 NOTICE OF EMERGING SMALL BUSINESS SET-ASIDE (JAN 1991)

Offers or quotations under this acquisition are solicited from emerging small business concerns only. Offers that are not from an emerging small business shall not be considered and shall be rejected.

52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition.--Site of the work –

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is--

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the ``primary site of the work'' as defined in paragraph (a)(1)(i), or the ``secondary site of the work'' as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the ``site of the work.'' Such permanent, previously established facilities are not a part of the ``site of the work'' even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

[Insert Goals] [Insert Goals]

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city].

(End of provision)

52.232-25 PROMPT PAYMENT (OCT 2003)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments--(1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are--

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C.

4003(3)), as close as possible to, but not later than, the 7th day after product…