W912DR-11-T-0015 FENCING THP-COW.pdf

TIOGA-HAMMOND/COWANESQUE LAKE

WILLIAM BERNSTEIN

710 IVES RUN LANE

TIOGA PA 16946-8643

TEL: 570-835-0107 FAX:

W81W3G03123124

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912DR-11-T-0015 11-Jan-2011 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

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

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

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

REQUEST NO.

USACE, BALTIMORE

10 S. HOWARD STREET, ROOM 7000

BALTIMORE MD 21201

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

21-Jan-2011(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

410-962-0972JOSEPHINE E BARAN

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

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

W912DR-11-T-0015

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

LOCATION #1 - STATE ROUTE #49 COWANESQUE

FFP

DAM SPILLWAY AREA - SUPPLY ALL LABOR, MATERIAL, SUPPLIES,

EQUIPMENT, TOOLS, AND OVERSIGHT TO UPGRADE TO SAFETY

FENCING ALONG STATE ROUTE #49 COWANESQUE DAM PER

ENCLOSED SPECIFICATIONS. --- PROJECT NO.: 110070

FOB: Destination

MILSTRIP: W81W3G03123124

PURCHASE REQUEST NUMBER: W81W3G03123124

NET AMT

0002 1 Lump Sum

LOCATION #3 - TIOGA/HAMMOND DAM

FFP

OPERATORS MAINTENANCE COMPOUND - SUPPLY ALL LABOR,

MATERIAL, SUPPLIES, EQUIPMENT, TOOLS, AND OVERSIGHT TO

UPGRADE TO SECURITY FENCING AT TIOGA-HAMMOND DAM PER

ENCLOSED SPECIFICATIONS. --- PROJECT NO.: 110070 --- PROJECT NO.:

110070 FOB: Destination

0003 1 Lump Sum

LOCATION #2 - TOMPKINS MAINTENANCE

FFP

COMPOUND - SUPPLY ALL LABOR, MATERILA, SUPPLIES, EQUIPMENT,

TOOLS, AND OVERSIGHT TO UPGRADE TO SECURITY FENCING AT

TOMPKINS MAINTENANCE BUILDING PER ENCLOSED

SPECIFICATIONS. --- PROJECT NO.: 110070 --- PROJECT NO.: 110070 ---

PROJECT NO.: 122150

FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

SCOPE OF WORK FOR UPGRADES TO SAFETY FENCING AT

COWANESQUE DAM SPILLWAY STATE ROUTE#49, TOMPKINS

MAINTENANCE COMPOUND & SECURITY FENCING AT

TIOGA/HAMMOND DAM OPERATORS MAINTENANCE COMPOUND,

TIOGA COUNTY, PENNSYLVANIA

C. Requirements

Location #1

State Route #49 Cowanesque Dam Spillway area:

To supply all labor, material, supplies, equipment, tools and oversight to install outrigger arms on each individual existing line posts (263 I-beam posts and 10 3” round posts) , corner posts, and install 3 strands of 4 point barbed wire and signage(provided by USACE) to a section of existing fencing(apprx. 2800’) along State Route #49 adjacent to the Cowanesque Dam.

Additional new corner posts, line posts, fencing, outrigger arms, barbed wire, and signage will be installed according to manufacturer’s specifications as an addition to both ends of the existing fencing. A bottom and top reinforcing wire will be installed on the “NEW” fence which will have a minimum of 80,000 PSI tensile strength and must be woven into the fabric at intervals of two feet. Total length of “NEW” fencing is approximately 500 feet. Signage will be provided by USACE and installed by contractor.

Location #2

Tompkins Maintenance Compound:

To supply all labor, material, supplies, equipment, tools and oversight to remove and dispose of approximately 800 lineal feet of existing chain link fencing and associated hardware.

Contractor to provide and install approximately 800 lineal feet of six (6) foot high commercial grade, nine (9) gauge fabric fencing woven into 2 inch square mesh and be aluminum coated to include bottom and top reinforcing wire which will have a minimum of 80,000 PSI tensile strength. Reinforcing wire must be woven through fabric at intervals of two feet. Line posts that are damaged, bent, or broken will be repaired or replaced in kind. Existing line and corner posts that are taller than six feet will be cut down to six feet by contractor to accommodate new fabric.

Out rigger arms shall be attached to each individual post including gates to accept three strands of four point barbed wire. Barbed wire will be installed by contractor according to manufacturers recommendations.

Location #3

Tioga/Hammond Dam Operators Maintenance Compound

To supply all labor, material, supplies, equipment, tools, and oversight to remove and dispose of approximately 790 lineal feet of existing chain link fencing and associated hardware.

Contractor to provide and install approximately 790 lineal feet of six (6) foot high, commercial grade, nine (9) gauge brown, vinyl coated chain link fencing to include bottom and top reinforcing (tension) wire, which will have a minimum of 80,000 PSI tensile strength and must be woven through fabric at intervals of two feet. Contractor will paint all existing designated posts/gates to match the color of the vinyl coated fabric at the Tioga/Hammond Dam Connecting Channel Overlook. Preparation of posts will include but not be limited to removal of any oils, grease, dirt, film, and debris before a primer coat is applied. Two coats of paint (Type AVM-16 Color: Brown) will be applied to all posts, rails, and hardware associated with the complete fencing project. An additional section of existing fabric fence approximately 130 lineal feet in length and 4 feet in height to be removed/disposed by contractor and replaced with 4 foot high, commercial grade, nine (9) gauge brown, vinyl coated chain link fencing to include bottom reinforcing (tension) wire only. Reinforcing wire must have a minimum of 80,000 PSI tensile strength and woven through fabric at intervals of two feet.

C.1.2 Specifications for installing New Security Fencing, Outrigger arm’s, and barbed wire.

C.1.2.a The contractor shall install the fence at the specified area with exact fence and gate locations coordinated with the Contracting Officer or her Representative.

C.1.2.b The fencing will have a minimum of a 6’ fabric height with 3 strands of 4 point barbed wire attached to the outrigger arms.

C.1.2.c Line posts will be set at a maximum of 10’ nominal spacing with a vertical height of 6’ exposed above the ground level with an outrigger offset arm extending a minimum of an additional 1’at a 45 degree angle.

C.1.2.d Line posts will be a nominal 2” diameter with corner posts 3” in diameter. All posts will be set in concrete at a depth according to the manufacturers specifications.

C.1.2.e Wire fabric shall be 9 gauge woven into a 2 inch square mesh and be aluminum coated.

C.1.2.f Fencing shall be installed so that it is as close to the ground level as possible. At no time shall a gap between the fencing and ground exceed 4”.

C.1.2.g No Trespassing signage will be provided by USACE and installed by the contractor on the entire perimeter or length of fencing at locations coordinated with the COR or her representative. Fasteners must be aluminum coated.

C.2.1 Specifications for 3 Strand 4 point Barbed Wire Installation

C.2.1.a The contractor shall install 3 separate strands of 4 point barbed wire at each specified area, the entire perimeter or length of the fence. Barbed wire is to be attached to an outrigger arm at a tension conforming to industry standards.

C.2.1.b For 3 strand barbed wire installation, the contractor will be responsible for providing and installing outrigger offset arms extending a minimum of an additional 1’at a 45 degree angle.

C.2.1.c Any deviation from the specifications shall require prior approval by the Contracting Officer or her Representative.

C.2.1.d New construction fencing shall be made with fencing and accessories that are FE6 type per STD 872-90-03 and conform to UFGS 02821A.

C.2.1.e Contractor shall be responsible for the removal and disposal of all material and parts removed.

C.2.2 General Contract Specifications

C.2.2.a The contractor shall install fencing and accessories at each specified area with exact fence locations coordinated with the Contracting Officer or her Representative.

C.2.2.b All material and work shall conform to the specifications and approved standard trade practices for chain link security fencing and according to the manufacturer’s recommendations.

C.2.2.c. Contractor will provide the following to the COR for approval prior to start of any work.

1. Safety Plan

2. Activity Hazard Analysis Plan

3. List of material and physical properties

4. Manufacturer’s Product Data Sheets

5. Material Safety Data Sheet for all products

6. First Aid and CPR Certification

C.2.2.d. The contractor shall confine all operations, including storage of materials, to areas authorized or approved by the COR or her representative. The contractor shall hold and save the government, its officers and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

C.2.3 General:

C.2.3.a Site visit is highly recommended due to the terrain and configuration of the existing fencing and the location of new fencing which may impact the bidders quote . To arrange a site visit, contact Maintenance Foreman William R Bernstein @ 570-835-0107.

C.2.3.b. All work will be coordinated with the Contracting Officer or her representative.

Section D. Packaging and Marking Not Applicable.

Section E. Inspection and Acceptance

E.1 The Contracting Officer or her representative may and will inspect the work area at any time to ensure compliance.

E.2. Any work found to be deficient will be brought to the attention of the contractor by the Quality Assurance Inspector (QA) or by the COR and the contractor will have one work day to repair, re-work or comply to resolve the deficiency.

E.3. The contractor shall act as or provide a superintendent who is responsible for quality control whenever the specified work herein is being performed. The superintendent shall conduct overall management coordination and be the central point of contact with the government for performance of all work under this contract. The superintendent and any individual designated to act for him/her shall have full authority to contractually commit the contractor for prompt action on matters pertaining to the administration of the entire contract.

E.4. A Pre-construction Conference will be held prior to any work beginning. This conference will center around insuring the contractor has a full understanding of the contract requirements.

A copy of the meeting minutes will be provided to the contractor for review, acceptance and signature.

E.5. Prior to each new phase of work, the Contracting Officer’s Representative will conduct a Prepatory Phase or a Mutual Understanding Meeting to ensure all parties fully understand the work requirements, safety issues or concerns and matters particular to that phase of work. Again, a copy of the meeting minutes will be provided to the contractor for review, acceptance and signature.

E.6. The contractor will provide a Daily Report of Progress to the Quality Assurance Evaluator (QAE). The report will contain at a minimum, “Tailgate/Tool Box Safety Meeting” time, date and topic discussed, work for the day and work completed, number and type of employees and equipment working for the day, and weather conditions. The contractor or the superintendent will sign and date this report and provide by 8:00 am the following day to the QAE.

E.7. The Contracting Officer or her representative will coordinate a time during the final stages of construction work to conduct a pre-final inspection of the work. Upon completion of this inspection, a punch list of any items to be addressed by the contractor will be provided to the contractor in writing. Upon completion of the punch list, the contractor will notify the

Contracting Officer or her representative to coordinate a date and time to conduct a final inspection of the work. All work, including punch list work, shall be completed to the satisfaction of the Contracting Officer or her representative before any invoices are submitted.

All work completed by contractor will have a minimum of a one year warranty.

Section F. Deliveries or Performance

F.1 Period of performance is 15 April 2011 through 30 May 2011. Partial payments will not be made. After approval of all work by the COR and the Contracting Officer, an invoice will be submitted to USACE, Tioga-Hammond and Cowanesque Lakes Project Office, 710 Ives Run Lane, Tioga, Pennsylvania 16946. The invoice must contain at a minimum the contract number, the contractors name and address as it is stated on the contract, and the work as outlined on the bid sheet and cost.

F.2. Work will be performed Monday through Friday, between 7:00 a.m. to no later than 4:00 p.m., Weekend and Holiday work will not be permitted.

F.3. Contractor equipment may not be stored in a Government security compound. The contractor will be storing the equipment at his/her own risk.

Section G. Contract Administration Data

G.1. Upon the satisfactory completion of work, payment shall constitute full compensation for providing labor, materials, supplies, tools, and incidentals required for fulfilling all requirements of this contract.

G.2. Upon final acceptance of the contract required work by the Contracting Officer Representative, the contractor shall submit an original and two (2) copies of the invoice for payment to:

U.S. Army Corps of Engineers Tioga-Hammond & Cowanesque Lakes Projects 710 Ives Run Lane Tioga, PA, 16946 Attn: Contracting Officer Representative

G.3. The invoice should be submitted within five calendar days after notification of acceptance of work. Invoice must provide:

a. Contractor’s name and mailing address

b. Contract/Purchase Order number

c. Date prepared

d. Itemized

Section H. Special Contract Requirements

H.1. In performance of the contract the contractor shall comply with all State and local safety regulations and including all pertinent safety requirements contained within the U.S. Army Corps of Engineers Safety and Health Manual EM 385-1-1 dated 15 September 2008 including any subsequent changes. This manual may be found on the World Wide Web at http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx. The contractor shall be responsible for protecting the public from any hazards associated with implementation of contract work. Requirements will include but not be limited to wearing of personal protective equipment, traffic control, and good housekeeping. The contractor shall be responsible to provide signing, barriers, and flag persons to protect the public from hazards in the work area.

The contractor will submit, for approval, a “Safety plan and an Activity Hazard Analysis Plan”.

Prior to commencement of work at the job site, a pre-construction safety meeting shall be held between the contractor and the USACE Contracting Officer or her Representative to discuss the Contractor’s Safety Plan and Activity Hazard Analysis Plan. It shall be the responsibility of the contractor to make the Pennsylvania One Call prior to any digging or excavation work by contractor.

H.2. An Accident Prevention Plan shall be written by the prime contractor for the specific work and implementing in detail the pertinent requirements of EM 385-1-1. All safety plans must be acceptable to the government before work commences. The Contractor is required to have two individuals at the work site who are certified in CPR and First Aid. Proof of their certification will be provided at the pre-work conference, date to be determined.

H.3. Prior to beginning of work, an Activity Hazard Analysis shall be prepared by the Contractor for that phase. A phase is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform in the phase and shall present the procedures and safeguards.

H.4. Drivers of all contractor vehicles or vehicles providing services under this contract will comply with all applicable local, State, and Federal Laws and Regulations including the utilization of seat belts.

http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx�

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-APR-2011 TO

30-MAY-2011

N/A TIOGA-HAMMOND/COWANESQUE LAKE

WILLIAM BERNSTEIN

710 IVES RUN LANE

TIOGA PA 16946-8643

570-835-0107 FOB: Destination

E1R0250

0002 POP 15-APR-2011 TO

30-MAY-2011

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-APR-2011 TO

31-MAY-2011

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-6 Davis Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1988 52.222-8 Payrolls and Basic Records JUN 2010 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-50 Combating Trafficking in Persons FEB 2009 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.236-2 Differing Site Conditions APR 1984 52.236-8 Other Contracts APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2010 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.236-7006 Cost Limitation JAN 1997 252.236-7013 Requirement for Competition Opportunity for American Stell

Producers, Fabricators, and Manufacturers

JAN 2009

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

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

ITEMS) (DEC 2010)

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

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

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

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

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

(iv) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

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

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

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

(2) Listed below are additional clauses that apply:

(i) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

(v) 52.232-25, Prompt Payment (OCT 2008).

(vi) 52.233-1, Disputes (JUN 2008).

(vii) 52.244-6, Subcontracts for Commercial Items (DEC 2010).

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

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

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

(i) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

(ii) 52.222-20, Walsh-Healey Public Contracts Act (OCT 2010) (41 U.S.C. 35-45) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iii) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the

United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(v) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212) (applies to contracts of $100,000 or more).

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

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

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

(A) Delivered;

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

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

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

(ix) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

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

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

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

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

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

(xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241).

(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

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

(i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

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

(iii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)

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

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

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

http://acquisition.gov/comp/far/index.html

(Insert one or more Internet addresses)

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

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

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

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

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

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

http://acquisition.gov/comp/far/index.html�

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

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definition.

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

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

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

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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(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/services/contractingopportunities/sizestandardstopics/.

(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 rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, 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 ORCA, or does not have a representation in ORCA 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 238990- assigned to contract number TO BE FILLED IN AT THE TIME OF CONTRACT AWARD..

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

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

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

0.7% 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

PA Cameron; PA Centre; PA Clearfield; PA Clinton; PA Elk; PA Jefferson; PA Montour; PA Northumberland; PA Snyder; PA Sullivan, PA Union

(End of provision)

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010)

Driving—

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.

(c) The Contractor should--

(1) Adopt and enforce policies that ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as--

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (SEP 2010)

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 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), 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 the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act 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 Act 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 Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(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:

(1) A Payment Bond

(2) An irrevocable letter of credit

(3) Certificates of deposit

(4) Deposits of security such as.,

(a) U.S. Bonds

(b) U.S. Notes

(c) Certified or Cashier's checks

(d) Bank Drafts

(e) Money Orders

(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 10 days of contract award.

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

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

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

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as…