W912BV18Q0104.pdf

SEE ADDENDUM

(No Collect Calls)

W912BV18Q0104 02-Aug-2018

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

04:00 PM 15 Aug 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912BV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541380

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912BV18Q0104

Section B - Supplies or Services and Prices

INSTRUCTIONS TO OFFERORS

BLANKET PURCHASE AGREEMENT; PROFESSIONAL SERVICES FOR

MATERIAL AND SOILS TESTING.

1. OFFEROR’S QUESTIONS AND COMMENTS

See “USE OF BIDDER’S INQUIRY”, below. Any information given to an offeror which impacts the solicitation and/or offer will result in a written amendment to the solicitation.

2. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Quote (RFQ) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a quote.

3. SUBMISSION OF OFFERS SUBMITTALS

Submit signed and dated quotes to the office and individual specified in this solicitation at or before the exact time specified in this solicitation by electronic means. Electronic/email quotes will be accepted and e-mail is the preferred method of submitting your proposal. Faxed quotes will not be accepted. If submitting via hard copy, quotes must be in sealed envelopes/packages, marked and addressed as follows:

MARK PACKAGES: “Response to Solicitation Number: W912BV18Q0104, DO NOT OPEN”.

ADDRESS PACKAGES TO:

Department of the Army Corps of Engineers, Tulsa District Attention: Ron Seibel, CESWT-CTE (Contracting Division) 2488 East 81st Street Tulsa, Oklahoma 74137-4290

Special Instruction Pertaining to Hand Carried Offers: Hand-carried offers must be delivered to the CESWT-CTE Contracting Division, Contracting Specialist, at the address shown above prior to the closing time stated in this solicitation. Please provide notification to the Contract Specialist at least one working day in advance, (918‐669‐4318) or Ron.Seibel@usace.army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider in your arrival that the SWT office is a secure facility. Visitors must go through security check points located on the 16th floor of the East tower. Offerors can submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office, only. Building security personnel will not deliver quotes to Contracting Division.

QUOTE 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 include, 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 YOUR OFFER!

_____ Have you registered in the System for Award Management? If you are not registered, you must begin the process immediately. The name you use to submit a quote must be the exact name you use to register in SAM. Write your CAGE Code number and you DUNS number on page 1 of the SF1449, along with your name and address.

_____ Have you entered a unit price for each line item on the price list?

_____ 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 price list, recheck all working papers. Are your figures legible? Are the extensions of your unit price and your total price correct?

_____ NO erasures and/or corrections.

_____ Have you acknowledged all amendments, if any have been issued? Procedure for acknowledgement of amendments is stated on the SF30 in block 11 of the amendment.

_____ Fax quotes are not acceptable.

_____ Have you provided a telephone number where you can be reached during the business hours of 8:00 a.m. to 4:30 p.m. CST?

_____ Block 12, Discount for Prompt Payment. Fill in 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.

NOTE: IF ALL OF THE INFORMATION BELOW IS NOT PROVIDED, YOUR OFFER

WILL NOT BE CONSIDERED. RETURN THE FOLLOWING WITH INFORMATION

PROVIDED:

Page 1 of the SF1449: Blocks 12 (if giving a discount), 30a, 30b, and 30c.

Price List: for each of the five potential years of the BPA.

NOTE: If you are the successful offeror you must be registered in the System for Award Management (SAM) database before award can be made. If you are not registered in the SAM database you can do so by going to https://www.sam.gov/.

NOTE: As noted on the face of the SF 1449, this is a Request for Quotation. As such, this procurement is being conducted in accordance with Simplified Acquisition Procedures (SAP) of FAR Part 13. All reference to discussions shall not be interpreted under FAR Part 15, but rather indicates that the Government may communicate with offerors as allowed under simplified acquisition procedures.

INQUIRIES – OFFEROR’S QUESTIONS AND COMMENTS

USE OF BIDDER’S INQUIRY

Prospective offerors shall submit questions and inquiries related to this solicitation in accordance with the following (no other means of questions or inquiries will be answered except through Bidder Inquiry):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is: W912BV18Q0104

The Bidder Inquiry Key is: YT7Y3H-4B8PVF

c. The Bidder Inquiry System will be unavailable for new inquiries 2 days prior to proposal due date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. The point of contact for this solicitation is:

Contract Specialist: Ron Seibel Telephone: 918-669-4318 E-MAIL: Ron.Seibel@usace.army.mil

TERMS & CONDITIONS

MATERIALS AND SOILS TESTING

BLANKET PURCHASE AGREEMENT (BPA)

TERMS AND CONDITIONS

#W912BV18Q0104

1. Description of the Agreement:

a. The contractor agrees to the following terms and conditions of a Blanket Purchase Agreement (BPA) exclusively with the U. S. Army Corps of Engineers, Tulsa District. The supplier agrees to furnish all services described herein, if and when requested by the Contracting Officer or authorized representative of the Contracting Officer during the specified term of this agreement.

b. The Contracting Officer is the only person authorized to direct changes in any of the requirements under this BPA, and, notwithstanding any provision contained elsewhere in this BPA, said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, implementation of such change will be considered made without authority and solely at the risk of the contractor.

2. Performance Period: The overall performance period of this BPA is 3 years from the date of being established as follows:

a. Year 1: Award through 31 July 2019

b. Year 2: 1 Aug 2019 through 31 July 2020

c. Year 3: 1 Aug 2020 through 31 July 2021

3. Extent of Obligation: The Government is obligated only to the extent of authorized Calls actually placed against this Blanket Purchase Agreement. The Contractor is made no guarantee of any minimum amount of work under this Agreement.

4. Individuals Authorized to Purchase Under This BPA:

A list of individuals authorized to place Calls for pre-priced tasks identified in the Pricing Schedule under this Agreement and the dollar limitation per Call for each individual shall be furnished to the Contractor via separate letter.

5. Pricing:

a. Pricing for this BPA will be Firm-Fixed-Price and based on the approved Pricing Schedule effective at the time of each Call. The Contractor shall provide to the Government prices that are as low as, or lower than, those charged to their most favored customer(s) for comparable services. Prices offered under this BPA shall be uniformly offered to all authorized users of this BPA.

b. The Contractor will be allowed to revise pricing of the items on the Price List prior to the anniversary date of the BPA. Any changes to prices must be submitted for review and endorsement by the Contracting Officer prior to the date of the next 1-year period in order for the prices to become effective during that period.

c. Additional items may be added at any time during a period provided that both parties agree to the addition.

A revised Pricing Schedule will be incorporated with an effective date of the revised pricing list and will remain effective for the remainder of that period.

6. The terms and conditions included in this agreement apply to all purchases made pursuant to this Agreement. In the event of an inconsistency between the provisions of this Agreement and the supplier’s invoice, the provisions of this Agreement will take precedence.

7. This BPA will be reviewed at least annually by the Contracting Officer to assess the Contractor’s performance and to determine whether this Agreement remains in the best interest of the Government.

8. BPA Call Procedures:

a. The Contractor will be issued a BPA Call identifying the required tasks, and applicable quantities, from those tasks identified on the Pricing Schedule. The performance period will also be identified.

b. BPA Calls will be placed against this BPA utilizing fax, email or oral communications. The following information will be provided:

(1) BPA number;

(2) Call Order Number (This number is a four-digit sequential numeric identifier of each order placed.);

(3) Specified tasks to be performed;

(4) Quantities of each task; and

(5) Period of Performance.

9. Invoices: All deliverables under this agreement shall be accompanied by one copy of the delivery manifest which shall contain the following minimum information:

a. Name of supplier.

b. Date of completion.

c. Blanket Purchase Agreement (BPA) number.

d. Date of BPA call.

e. Name of person making the BPA call.

f. Itemized list of tasks (CLINs).

Invoices shall be submitted to the Ordering Officer or Contracting Officer placing the BPA Call. A summary invoice shall be submitted monthly for all Calls made during a billing period identifying each Call covered therein, stating their total dollar value, and supported by copies of the signed delivery/pickup tickets.

10. Payment: Payment for each BPA Call will be made via the Government Purchase Card/VISA.

11. Purchase Limitations: BPA Master Dollar Limit: $100,000.00. BPA Call Limit: $2,500.00.

12. Terms for exiting (terminating) this agreement:

If the Contractor fails to provide competitive offers or if the contractor exhibits a history of late or delinquent deliveries, the BPA may be terminated at the end of the annual review period.

13. Completion of BPA:

This BPA is considered complete when the purchases under it equal its total dollar limitation, or when its stated time period expires.

PRICING SCHEDULE

CLINs.

CLIN

ASTM Test Method

Description of Services Unit Unit Price

(Year 1)

Unit Price

(Year 2)

Unit Price

(Year 3)

Aggregates

0001 C 117 Material Finer than 75 :m (No. 200) Sieve Each

0002 C 127 Specific Gravity & Absorption in Coarse Aggregate Each

0003 C 128 Specific Gravity & Absorption in Fine Aggregate Each

0004 C 136 Sieve Analysis of Aggregates Each

Asphalt

0005 D 2041 Theoretical Maximum Specific Gravity & Density (Rice) Each

D 2950 Density of Bituminous Concrete in Place by Nuclear Methods

Each

0007 D 3203 Percent Air Voids Each

0008 D 5444 Mechanical Size Analysis of Extracted Aggregate Each

0009 D 6307 Asphalt Content of Hot‐Mix Asphalt by Ignition Method Each

Concrete

0010 C 39 Compressive Strength of Cylindrical Specimens Each

0011 C 138 Unit Weight and Air Content by Gravimetric Each

0012 C 143 Slump Each

0013 C 173 Air Content by Volumetric Each

0014 C 231 Air Content by Pressure Each

0015 C 1064 Temperature of Concrete Each

Soils

0016 D 422 Particle Size Analysis Each

0017 D 698 Compaction Characteristics by Standard Effort Each

0018 D 1140 Material Finer than 75 :m (No. 200) Sieve Each

0019 D 1556 Density & Unit Weight by Sand Cone Each

0020 D 1557 Compaction Characteristics by Modified Effort Each

0021 D 2216 Water Content Each

0022 D 2487 Classification of Soils Each

0023 D 2488 Description & Identification of Soils (Visual‐Manual Procedure) Each

0024 D 4318 Liquid & Plastic Limits & Plasticity Index Each

0025 D 6938 Density and Water Content by Shallow Depth Nuclear Method Each

PRICING SCHEDULE-TRIP CHARGE

Material and Soil Testing Trip Charge

BPA: W912BV18Q0104

25 July 2018

Below are the possible, but not limited to, locations where these BPA’s will be established.

Provide pricing for those areas listed. Price shall include transportation, labor and all other costs associated with the trip only, all other labor, equipment, and material costs for the actual tests shall be included in the specific CLIN for each test. Trip charge will be applied per call not per sample; for any test that requires a return trip to retrieve samples that must await transport to the laboratory (i.e. Concrete Cylinders) a second trip charge will be included on the call.

CLIN LOCATION

TRIP

CHARGE

CLIN LOCATION

TRIP

CHARGE

1001 Fort Gibson, OK __________ 1018 Birch Lake, OK __________

1002 Tenkiller, OK __________ 1019 Hulah, OK __________

1003 Eufaula, OK __________ 1020 Lake Texoma, OK __________

1004 Wister, OK __________ 1021 Waurika, OK __________

1005 Robert S. Kerr, OK __________ 1022 Hugo, OK __________

1006 Webbers Falls, OK __________ 1023 Pine Creek Lake, OK __________

1007 Lock and Dam 17, OK __________ 1024 Sardis Lake, OK __________

1008 Lock and Dam 18, OK __________ 1025 Broken Bow Lake, OK __________

1009 Lock and Dam 14, Spiro, OK __________ 1026 Pat Mayse Lake, TX __________

1010 Oologah, OK __________ 1027 Altus, OK __________

1011 Skiatook, OK __________ 1028 Lawton / Fort Sill, OK __________

1012 Copan, OK __________ 1029 McAlester, OK __________

1013 Keystone Lake, OK __________ 1030 Tinker AFB, OK __________

1014 Arcadia, OK __________ 1031 Vance AFB, OK __________

1015 Kaw, OK __________ 1032 Amarillo, TX __________

1016 Canton, OK __________ 1033 Sheppard AFB, TX __________

1017 Fort Supply, OK __________ 1034 Other Location (Negotiated per call) __________

Section C - Descriptions and Specifications

SCOPE OF WORK

2. DESCRIPTION OF SERVICES

testing.

http://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/.

5. Invoices

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section H - Special Contract Requirements

ATOPSEC

ANTITERRORISM/OPERATIONS SECURITY REQUIREMENTS, Jun 2015

The Contractor shall comply with the following requirements marked with an “X”.

X

1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

X

2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area.

Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

X

2b. For contractors who do not require CAC, but require access to a DoD facility or installation.

Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language text required US based contractor employees and associated sub-contractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13 (Antiterrorism). Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. Proposed language: "All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.”

X

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

5. Contractor Employees Who Require Access to Government Information Systems. This standard language text is for contractor employees with access to government info system. Proposed language: "All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems."

6. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). Proposed language: "The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator."

7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. Proposed language: "All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

8. For Information assurance (IA)/information technology (IT) training. This standard language text is for contract employees who need network access and/or working IA/IT functions. Proposed language: "All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment."

9. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award. Proposed language: "All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."

10. For Contractors Authorized to Accompany the Force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. Proposed language:

"All contractor employees shall ensure the following AT/OPSEC requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces outside the United States; to include compliance with laws, regulations, pre-deployment requirements, and required training in accordance with combatant command guidance."

11. For Contracts Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225- 7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. Proposed language: "All non-local contracting personnel will comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor's compliance with combatant commander and subordinate task force commander policies and directives."

12. For Contracts That Require Handling or Access to Classified Information. This clause involves access to classified information, i.e. “Confidential,” “Secret,” or “Top Secret”. Proposed language:

"Contractor shall comply with AR 380-67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors) as well as FAR 52.204-2, Security Requirements. Additionally, Contractors must comply with - (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor. For classified contracts, the DD Form 254 will be attached with the contract."

X

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction).

Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

14. (FOR CLASSIFIED CONTRACTS ONLY) Contractor Company to obtain a Facility Clearance and individual clearances at the appropriate level. Proposed language: "The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance. Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the

FCL."

X

15. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

16. For contract requiring armed security guards. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. The Physical Security Officer must or will review the PWS/SOW with the Contracting Officer (KO) for accuracy and completeness of AR 190-11 requirements. Proposed language: "All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility policies and procedures on storing weapons and ammunition IAW AR 190-11 (provided by government representative)."

17. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b. Proposed language: "All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a

Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training.

Authorized webbased TARP training for CAC card holders is available at the following website:

https://www.us.army.mil/suite/page/655474

(END)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.222-26 Equal Opportunity SEP 2016 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.232-7010 Levies on Contract Payments DEC 2006

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable 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.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) 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 or 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.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.