W912BV-17-Q-0073.pdf

CXT SHOWER BUILDING INSTALLATION FOR PINE CREEK COVE, PINE CREEK LAKE, OK

This is a 100% Small Business Set-aside.

The NAICS code for this project is 238910

The Request for Quote (RFQ) date is 06/19/2017 at 2:00pm CST

BRUCE E HAYES 918.669.7277

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

19-May-2017

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Jun 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

USACE, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W912BV-17-Q-0073 38

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912BV-17-Q-0073

Section 00 11 00 - SF 1442 and CLIN Schedule

CONTRACTING OFFICER AUTHOURITY

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

SYSTEM FOR AWARD MANAGEMENT REGISTRATION: All contractors are required to register in the System for Award Management (SAM) database before an award can be made.

Contractors can obtain information on registration and annual confirmation requirements by calling 866-606-8220 or via the Internet at https://www.sam.gov.

In accordance with FAR 52.204-10, “Reporting Executive Compensation and First-Tier Subcontract Awards,” contractors are required to report information on subcontract awards for all awards over $30,000.00. The contract shall follow the instructions and report the required information at http://www.fsrs.gov. The contractor is responsible for notifying its subcontractors that the required information will be made public.

Contractors who receive a federal contract in excess of $25,000.00 are required by legislation (FAR 22.1310(b)) to submit an annual VETS-100 Report on your employment of targeted veterans. Information on submitting your report may be obtained by calling 703-461-2460 or by accessing the following internet web site: http://www.dol.gov/vets/vets-100.html/.

PRICING SCHEDULE

BID SCHEDULE

CXT NAVAJO SHOWER BUILDING INSTALLATION

PINE CREEK COVE PUA, PINE CREEK LAKE

Item Unit No. Description Quantity Unit Price Amount

0001 - All materials, labor, and equipment necessary to demolish the existing shower building and remove and dispose of all debris off of government property.

1 JOB $_______

0002 - All materials, labor, and equipment necessary to construct pad, install electric, plumbing, and sewer stub ups. Install new 1” Schedule 40 PVC water line and water shut off valve and valve box. Install new sewer pipe from stub up to existing sewer line. Replace existing 175 amp panel box with a new 200 amp panel box.

Install a 200 amp disconnect alongside new 200 amp panel box. Lay new electric service line from new 200 amp panel box to 200 amp disconnect. Lay new electric service line from 200 amp disconnect to CXT location.

1 JOB $_______ $________

0003 - Provide all materials, labor, and equipment to make final connections of electric, plumbing and sewer utilities, place concrete sidewalks, and landscape after placement of restroom.

1 JOB $_______ $________

TOTAL: $__________

BIDDING SCHEDULE NOTES

1. All quantities are estimated except where the unit is given as job.

2. If a modification to a bid based on unit prices is submitted which provides for a lump-sum adjustment to the total estimated cost, the application of the lump-sum adjustment to each unit price in the Bidding Schedule must be stated. If it is not stated, the bidder agrees that the lump-sum adjustment shall be applied on a prorata basis to every unit in the Bidding Schedule.

3. Contract awards will be made by Bidding Schedule, not by individual line items on the Bid Schedule.

4. Bidders should complete any and all bid schedules for the work they desire to bid upon.

5. It will be assumed by the Government that the bidder agrees to contract for the work covered by any individual Bid Schedule if the bid is determined to be the lowest of those submitted for that Bid Schedule. Otherwise, bidders should state their intention as to “all or none” when submitting bids for more than one Bid Schedule.

Contractor Name (printed) Signature

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Demolition and Debris Removal

FFP

Contractor will provide all materials, labor, and equipment necessary to demolish the existing shower building and remove and dispose of all debris off of government property as specified in the SOW.

FOB: Destination

NET AMT

0002 1 Job Pad Construction, plumbing, electric

FFP

Conractor will provide all materials, labor, and equipment necessary to construct pad, install electric, plumbing, and sewer stub ups. Install new 1” Schedule 40 PVC water line and water shut off valve and valve box. Install new sewer pipe from stub up to existing sewer line. Replace existing 175 amp panel box with a new 200 amp panel box. Install a 200 amp disconnect alongside new 200 amp panel box. Lay new electric service line from new 200 amp panel box to 200 amp disconnect. Lay new electric service line from 200 amp disconnect to CXT location as specified in the SOW.

0003 1 Job Connect electric, plumbing, sewer

FFP

Provide all materials, labor, and equipment to make final connections of electric, plumbing and sewer utilities, place concrete sidewalks, and landscape after placement of restroom as specified in the SOW.

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

INSTRUCTIONS TO OFFERS

INSTRUCTIONS TO OFFERORS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.0 GENERAL INFORMATION

1.1 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.2 OFFEROR’S QUESTIONS AND COMMENTS

1.3 SITE VISIT

1.4 ACCURACY IN PROPOSALS

1.5 PROPOSAL SUBMITTALS

1.6 EVALUATION CRITERIA

1.0 GENERAL INFORMATION

1 . 1 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the Army’s Single Face to Industry (AFSI) to the Federal Business Opportunities (FBO) website at:

http://www.fbo.gov Solicitation number: W912BV-17-Q-0073 It shall be the contractor’s responsibility to check the websites for any amendments. The offeror shall submit all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.2 OFFEROR'S QUESTIONS AND COMMENTS

REQUEST FOR INFORMATION (RFIs).

All Questions shall be submitted to Bruce.E.Hayes@usace.army.mil and CC Diane.Cianci@usace.army.mil.

The point of contact for this solicitation is:

Contract Specialist: Bruce Hayes Telephone: 918-669-7277 E-MAIL: Bruce.E.Hayes@usace.army.mil

1.3 SITE VISIT

The Site Visit is scheduled for January 25, 2017 10:00 Am CST at 351 Corps Rd Denison, TX 75020.

The Site POC is ___________________

1.4 ACCURACY IN PROPOSALS

Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.5 PROPOSAL SUBMITTALS

All proposals shall be submitted electronically to Bruce.e.Hayes@usace.army.mil.

Proposals will be received until the time and date shown on Standard Form SF 1442 or as amended on SF30.

1.6 Evaluation Criteria: USACE intends to award a firm-fixed price contract to the vendor that can fulfill the requirements specified in the Statement of Work (SOW).

Price and Past Performance will be evaluated in accordance with in DFARS 213.106- 2(b)(i)(B)&(C). Past Performance history shall be evaluated for each vendor’s past performance history in the Past Performance Information Retrieval System (PPIRS).

Special attention will be given to the FSC and PSC of the subject solicitation. Award will be made to the vendor whose proposal represents the best value to the Government quoting the lowest price and that has anything other than an “Unsatisfactory” rating in

PPIRS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2017 TO

01-AUG-2017

N/A OD, RRAO, HLO, PINE CREEK LAKE OFC

RR 1 BOX 400

VALLIANT OK 74764-9615

967393

0002 POP 01-JUN-2017 TO

01-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUN-2017 TO

01-AUG-2017

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

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

14.8 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 Pine Creek, 8 miles north of Valliant, in McCurtain County, Oklahoma.

(End of provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 45 00 - Representations & Certifications

52.204-7 System for Award Management OCT 2016 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $15,000,000.00.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

Section 00 72 00 - Contract Clauses

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

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

OCT 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information

JUL 2013

52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984

52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern 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 criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238910 - assigned to contract number W912BV-17-P-XXXX.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

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

(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 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.

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulations Supplement (48 CFR Chapter 2)lause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

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

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

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

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

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

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

Drawings and Specifications are provided in the RFP

Section 00 73 00 - Special Contract Requirements

52.211-13 Time Extensions SEP 2000

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

Section 00 73 46 - Wage Determination Schedule

WAGE DETERMINE RATES

General Decision Number: OK170071 05/05/2017 OK71

Superseded General Decision Number: OK20160071

State: Oklahoma

Construction Type: Building Building Construction -does not include residential construction consisting of single family homes and apartments up to and including 4 stories. (Including building projects on treatment plants)

Counties: Coal, Garvin, Haskell, Hughes, Latimer, Marshall, McCurtain, Pittsburg, Pontotoc, Pottawatomie, Pushmataha and Seminole Counties in Oklahoma.

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017.

The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017 1 05/05/2017

* BOIL0592-001 01/01/2017

Rates Fringes

BOILERMAKER......................$ 28.47 21.88

ELEC0301-006 06/01/2016

MCCURTAIN COUNTY ONLY

Rates Fringes

ELECTRICIAN......................$ 23.90 10.15

ELEC0301-007 06/01/2016

MCCURTAIN COUNTY ONLY

Rates Fringes

ELECTRICIAN (Low Voltage Wiring, Alarm Installation, and Sound and Communications

Systems Installation Only).......$ 23.90 10.15

ELEC0584-013 06/01/2015

COAL, HASKELL, HUGHES, LATIMER, PITTSBURG AND PUSHMATAHA

COUNTIES ONLY

Rates Fringes

ELECTRICIAN (Low Voltage Wiring, Alarm Installation, and Sound and Communications Systems Installation Only).......$ 27.73 7%+9.30

ELEC0584-016 06/01/2015

COAL, HASKELL, HUGHES, LATIMER, PITTSBURG AND PUSHMATAHA

COUNTIES ONLY

ELECTRICIAN......................$ 27.73 7%+9.30

ELEC1141-015 06/27/2016

GARVIN, MARSHALL, PONTOTOC, POTTAWATOMIE AND SEMINOLE COUNTIES

Rates Fringes

ELECTRICIAN......................$ 30.85 17.25%+5.40

ELEC1141-019 06/01/2016

GARVIN, MARSHALL, PONTOTOC, POTTAWATOMIE AND SEMINOLE COUNTIES

Rates Fringes

ELECTRICIAN (Low Voltage Wiring, Alarm Installation, and Sound and Communication Systems Installation Only).......$ 18.99 15.5%+5.20

ENGI0627-018 06/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR:

Group 1.....................$ 28.05 12.58 Group 2.....................$ 26.35 12.58 Group 3.....................$ 25.80 12.58 Group 4.....................$ 25.05 12.58 Group 5.....................$ 24.55 12.58 Group10.....................$ 21.10 12.58

POWER EQUIPMENT OPERATOR

GROUP 1: All Crane Type Equipment 200 ton and larger and including 400 ton capacity cranes. All Tower Cranes.

GROUP 2: All Crane Type Equipment 100 ton capacity and larger cranes, and less than 200 ton capacity.

GROUP 3: All Crane Type Equipment 50 ton capacity and larger, and less than 100 ton capacity. Crane Equipment (as rated by mfg.) 3 cu. yd. and over Guy derrick Whirley Power Driven Hole Digger (with 30' and longer mast).

GROUP 4: CRANES with Boom Incl. Jib less than 100 ft and less than 3 cu. Yd.; Overhead Monorail Crane.

GROUP 5: BULLDOZER

GROUP 10: OILER

IRON0048-013 06/01/2013

GARVIN, MARSHALL, PONTOTOC, POTTAWATOMIE AND SEMINOLE COUNTIES

ONLY

IRONWORKER, STRUCTURAL...........$ 23.10 12.88

IRON0584-024 06/01/2015

COAL, HASKELL, HUGHES, LATIMER, MCCURTAIN, PITTSBURG AND

PUSHMATAHA COUNTIES ONLY

IRONWORKER, STRUCTURAL...........$ 24.00 13.53

PLUM0344-015 07/01/2016

COAL, GARVIN, HUGHES, MARSHALL, PONTOTOC, POTTAWATOMIE,

PUSHMATAHA AND SEMINOLE COUNTIES

PIPEFITTER (Including Installation of HVAC Electrical/Temperature Controls and HVAC Pipe Installation)....................$ 31.13 14.52

PLUM0344-018 07/01/2016

COAL, GARVIN, HUGHES, MARSHALL, PONTOTOC, POTTAWATOMIE,

PUSHMATAHA AND SEMINOLE COUNTIES

PLUMBER (Excludes HVAC Pipe Installation)....................$ 31.13 14.52

PLUM0430-015 07/01/2016

HASKELL, LATIMER, MCCURTAIN AND PITTSBURG COUNTIES

PIPEFITTER (Including Installation of HVAC Electrical/Temperature Controls and HVAC Pipe Installation)....................$ 30.75 13.13

PLUM0430-018 07/01/2016

HASKELL, LATIMER, MCCURTAIN AND PITTSBURG COUNTIES

Rates Fringes

PLUMBER (Excludes HVAC Pipe Installation)....................$ 30.75 13.13

SHEE0124-013 07/01/2012

COAL, GARVIN, HUGHES, MARSHALL, PONTOTOC, POTTAWATOMIE AND

SEMINOLE COUNTIES ONLY

SHEET METAL WORKER (Including HVAC Duct Installation)..........$ 29.70 12.93

SHEE0270-007 06/01/2012

HASKELL, LATIMER, MCCURTAIN, PITTSBURG AND PUSHMATAHA COUNTIES

ONLY

SHEET METAL WORKER (Including HVAC Duct Installation)..........$ 30.56 11.52

SUOK2012-051 06/18/2012

Rates Fringes

BRICKLAYER.......................$ 20.00 0.00

CARPENTER (Acoustical Ceiling Installation Only)...............$ 16.24 0.00

CARPENTER (Drywall Hanging Only)............................$ 14.96 0.00

CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Hanging, and Form Work...........$ 16.82 2.82

CEMENT MASON/CONCRETE FINISHER...$ 14.50 0.00

FLOOR LAYER (Hardwood and Carpet)..........................$ 18.74 1.10

FORM WORKER......................$ 16.79 3.12

GLAZIER..........................$ 15.27 1.46

LABORER: Common or General......$ 11.43 0.00

LABORER: Mason Tender - Brick...$ 12.00 0.00

LABORER: Mason Tender - Cement/Concrete..................$ 13.04 0.00

LABORER: Pipelayer..............$ 11.65 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 16.83 0.00

OPERATOR: Forklift..............$ 18.02 0.00

PAINTER: Brush, Roller and Spray............................$ 12.32 0.00

ROOFER...........................$ 15.00 0.29

SPRINKLER FITTER (Fire Sprinklers)......................$ 21.52 6.00

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

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as…