08t0178.pdf

OD, NAO, KEYSTONE LAKE OFC

23115 W WEKIWA

SAND SPRINGS OK 74063-5333

TEL: 918-865-2621 FAX:

W44XGQ81798595

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912BV-08-T-0178 12-Aug-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 REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

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

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

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

REQUEST NO.

CONTRACTING DIV

USAED, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

27-Aug-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 CALL:

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

W912BV-08-T-0178

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: Item no. 0001, Unit Price and Amount.

Page 24-25: Clause 52.204-3, Taxpayer Identification (Oct 1998)

Page 25-26: Clause 52.219-1, Small Business Program Representations (May 2004)

Page 27-28: Clause 52.219-19

Page 29: Clause 52.222.22, Previous Contracts and Compliance Reports (Feb 1999)

Page 32-35: Clause 52.204-8, Annual Representations and Certifications (Jan 2006)

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.

ITEM NO SUPPLIES/SE

RVICES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

LABOR AND MATERIALS TO INSTALL ELECTRICAL SYSTEMS

NECESSARY TO PROVIDE EMERGENCY GENERATOR POWER

TO CLEVELAND LEVEE PUMPING STATIONS IN ACCORDANCE

TO ATTACHED SPECIFICATIONS.

CORPS OF ENGINEERS POC IS MIKE METCALF AT 918-865-2621.

FOB: Destination

MILSTRIP: W44XGQ81798595

PURCHASE REQUEST NUMBER: W44XGQ81798595

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 dys. ADC 1 OD, NAO, KEYSTONE LAKE OFC

23115 W WEKIWA

SAND SPRINGS OK 74063-5333

918-865-2621 FOB: Destination

M5R00CA

SPECIFICATIONS

CLEVELAND LEVEE PUMP STATION TRANSFER SWITCH INSTALLATION

KEYSTONE LAKE

PART 1 – GENERAL

1.1 SCOPE OF WORK

These specifications include delivery, installation, wiring, and testing of a manual transfer switch for the purpose of providing emergency generator capability at each of the four pump stations located on Cleveland Levee. The manual transfer switch shall be properly sized to accommodate the voltage and amperage rating of the incoming service power at each site.

All manufacturers wiring and installation guidelines shall be observed. Installation at each of the Cleveland Levee pump station sites shall include the installation of a manual transfer switch, rerouting of incoming service to transfer switch, all additional conduit runs to required to accommodate total installation of manual transfer switch, and all wire and other materials associated with the installation. The manual transfer switch shall be mounted inside the pump station building on wall adjacent to levee. Provisions for connection of emergency generator shall be provided with a 3” nipple extending from back of transfer switch, through pump station wall, to a Nema 3R 12”x12”x6’ junction box W/screw on cover. The load side of the manual transfer switch shall be terminated to the existing load disconnect at each of the pump stations.

Additionally, at pump stations 2, 3, and 4 the overhead incoming service conductors shall be replaced from transformer connection to transfer switch, with appropriately sized aluminum quad plex W/messenger wire.

Any replacement wiring other than the incoming service conductors shall be appropriately sized THHN. All newly installed conduit shall be rigid metallic conduit properly anchored according to NEC. All circuits shall be properly marked and as built drawings supplied. All applicable electrical and fire safety codes shall be complied with during installation.

Pricing supplied by the Contractor shall include delivery of the equipment to the job site as indicated, materials needed for the installation, and testing of the installed equipment. Contractor shall be on site no later than two weeks after award of the contract. The job sites are located on Cleveland Levee , which is immediately south of Cleveland, OK The Cleveland Levee is located on the south and east side of the City of Cleveland off of State Highway 99 in Pawnee County, Oklahoma.

1.2 REFERENCES

US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH MANUAL EM385-1-1 dated 03 November 2003

1.3 BASIS FOR PAYMENT

Payment will be lump sum upon completion and acceptance by the Contracting Officers Representative. Invoices shall be sent to Keystone Lake Office, 23115 West Wekiwa Road, Sand springs, OK 74063-9312.

1.4 WORK HOURS

Regular work hours will be from 8:00 am – 4:30 pm Monday through Saturday, 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 in 60 calendar days after award of the purchase order and within 30 days after start of work.

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. A written job hazard analysis and safety plan will be submitted for approval at the prework conference.

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 will be required to comply with all Federal and State environmental requirements.

1.13 COORDINATION OF WORK

All work will be coordinated through the Keystone Lake Office. 918 865 2621 Technical Point of Contact: Mr. Lance Perdue.

Financial Point of Contact: Mr. Kent Dunlap

PART 2 – PRODUCTS

2.1 GOVERNMENT FURNISHED PROPERTY

N/A.

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

N/A.

3.3 WARRANTY

N/A.

General Decision Number: OK080036 07/04/2008 OK36

Superseded General Decision Number: OK20070036

State: Oklahoma

Construction Type: Building

County: Cleveland County in Oklahoma.

BUILDING CONSTRUCTION PROJECTS, Excluding incidential utility work, (does not include residential construction consisting of single family homes and apartments up to and including 4 stories, sewage and water treatment plants or the construction, alteration and repair of any facility engaged in manufacturing)

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 05/30/2008 3 06/06/2008 4 06/27/2008 5 07/04/2008

W44XGQ81798595, TRANSFER SWITCH INSTALLATION, CLEVELAND LEVEE PUMP STATION,

HEYBURN LAKE, CLEVELAND COUNTY, OKLAHOMA

ASBE0094-004 07/16/2006

Rates Fringes Asbestos/Insulator Worker........$ 23.49 10.26

SCOPE OF WORK:

Includes application of all insulation materials, protective coverings and finishings to all types of mechanical systems.

ELEC1141-006 05/28/2008

Rates Fringes

ELECTRICIAN......................$ 24.40 17.25%+4.50

ELEV0063-001 01/01/2005

Rates Fringes Elevator Constructor Mechanic....................$ 26.885 12.115+a

FOOTNOTE:

a. Paid Holidays: New Year's Day; Memorial Day; July 4th;

Labor Day; Thanksgiving Day; Friday after Thanksgiving Day;

Christmas Day., Vacation Pay Credit: Employer contributes 8% of the basic hourly rate for employees with 5 years or more of service or 6% of the basic hourly rate for employees with 6 months to 5 years of service.

ENGI0627-009 06/01/2007

Rates Fringes Backhoe..........................$ 20.95 9.00

PLAS0809-004 06/01/2001

Rates Fringes Cement Masons:...................$ 16.31 1.55

* PLUM0344-005 07/01/2008

Rates Fringes

PIPEFITTER (HVAC WORK ONLY)......$ 25.88 10.92

PLUMBER..........................$ 25.88 10.92

ROOF0143-001 06/01/2008

Rates Fringes ROOFER, Including Built Up, Composition and Single Ply Roofs............................$ 19.32 5.03

SHEE0124-005 07/01/2001

Rates Fringes Sheet metal worker (Excluding HVAC Duct Work)..................$ 21.62 6.04

SUOK1995-004 09/19/1995

Rates Fringes

BRICKLAYER.......................$ 15.41 3.53

CARPENTER (Drywall Hanging & Acoustical Installation Only)....$ 12.20 .10 CARPENTER (Excluding Dry wall & Acoustical Installation).......$ 12.22 2.21

DRYWALL FINISHER/TAPER...........$ 10.00

GLAZIER..........................$ 10.99

Ironworkers:

Reinforcing.................$ 14.65 3.67

Structural..................$ 12.53

Laborers:

Brick Tenders...............$ 9.00 1.30 General.....................$ 7.88 Plaster Tenders.............$ 9.30 1.31 Painters: (Excluding Drywall Finishing) Brush.......................$ 10.21 Spray.......................$ 10.50

PLASTERER........................$ 16.95

Power Equipment Operator Bulldozers..................$ 14.40 3.40 Cranes......................$ 15.18 Forklifts...................$ 12.54 3.40 Graders.....................$ 14.90 3.40 Loaders.....................$ 14.40 3.40 Oilers......................$ 8.93 1.97 Sheet Metal Worker (HVAC Duct Work Only).......................$ 14.05 2.09

SPRINKLER FITTER.................$ 16.15 5.00

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

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

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

CLAUSES INCORPORATED BY REFERENCE

52.219-6 Alt I Notice of Total Small Business Set-Aside (Jun 2003) -

Alternate I

OCT 1995

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 52.222-10 Compliance with Copeland Act Requirements FEB 1988 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 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.232-25 Prompt Payment OCT 2003 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-13 Accident Prevention NOV 1991 52.242-14 Suspension of Work APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4002 WAGE RATES

The following Wage Determination No.(s) are attached and made a part hereof:

W912BV-08-T-0178.

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

CONTRACTS (JUL 2008)

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 submit to the Contracting Officer Representative (COR) 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 COR. For those contractors that do not have a CAGE Code or Facility Security Clearance, the contractor is responsible for providing a background check as follows:

1. PROVIDE A BACKGROUND CHECK, FOR EACH CONTRACT EMPLOYEE SCHEDULED TO

WORK UNDER THE CONTRACT FOR LESS THAN SIX (6) MONTHS, TO THE CONTRACTING OFFICER

REPRESENTATIVE (COR).

2. PROVIDE A BACKGROUND CHECK, FOR EACH CONTRACT EMPLOYEE SCHEDULED TO

WORK UNDER THE CONTRACT FOR MORE THAN SIX (6) MONTHS TO THE COR. CONDUCT A

BACKGROUND INVESTIGATION (BI) THROUGH THE DEFENSE SECURITY SERVICE (DSS) ON ALL

EMPLOYEES THAT ARE SCHEDULED TO WORK UNDER THE CONTRACT FOR LONGER THAN SIX (6)

MONTHS.

3. ONCE THE CONTRACTOR RECEIVES A RESPONSE FROM THE DSS ON THE STATUS OF

THE INVESTIGATION ON EACH INDIVIDUAL, THE CONTRACTOR SHALL FORWARD THAT

INFORMATION TO THE COR.

4. EACH CONTRACTOR WILL CONTACT THE DEFENSE SECURITY SERVICE, 1-888-282-7682

FOR GUIDANCE ON OBTAINING A BACKGROUND INVESTIGATION FOR THEIR EMPLOYEES.

B. 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 COR 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):

http://www.arnet.gov/far http://farsite.hill.af.mil http://www.acq.osd.mil.dpap/dars/dfars/index.htm

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

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

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

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

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

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

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

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

(End of clause)

52.222-6 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.

52.222-23 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

9.0 6.9

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 Cleveland Levee Pump Station, Cleveland County, Keystone Lake, Oklahoma.

(End of provision)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Payment Bond or Irrevocable Letter of Credit if award amount exceeds $30,000.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within ten (10) days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when…