W912DR-11-T-0074.pdf

W81W3G11929193

Project Title: Upgrade of Pedestals at the Robert W. Craig Memorial Campground

NAICS Code: 237130

Size Standard: $33.5 Million

PLEASE SUBMIT ALL REQUESTS FOR INFORMATION (RFIs) TO PATRICIA MORROW AT PATRICIA.MORROW@USACE.ARMY.MIL electronic proposals w ill be accepted to patricia.morrow @usace.army.mil

PATRICIA MORROW 410-962-3463

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

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

NEGOTIATED

28-Jul-2011

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________60 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________0800

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________11 Aug 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS BALTIMORE DIS

10 SOUTH HOWARD STREET

BALTIMORE MD 21201-2536

W912DR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912DR-11-T-0074 30

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912DR-11-T-0074

Section 00100 - Bidding Schedule/Instructions to Bidders

PRICE SCHEDULE

ITEM # Price

1. Demolition and disposal of existing 75 pedestals

1 lump

2. Cost of 75 new pedestals 1 lump

3. Labor to install and wire up 75 new pedestals

1 lump

4. Cost of new underground cable for upgrade of 75 new pedestals

1 lump

5. Labor to install and wire up new underground cable for 75 new pedestals

1 lump

6. Cost of 4 new disconnect switches, fuses, wire, conduit/etc

1 lump

7. Labor to install 4 new disconnect switches

1 lump

8. Cost for excavation and trenching and backfilling of pedestals and cable

1 lump

9. Cost for equipment rental 1 lump

10. Cost for mobilization and demobilization

1 lump

Total Amount

SCOPE OF WORK

UPGRADE OF PEDESTALS AT THE ROBERT W. CRAIG MEMORIAL

CAMPGROUND

Location: Jennings Randolph Lake is located in Garrett County, Maryland and Mineral County, West Virginia, on the North Branch Potomac River, and is 7.9 miles upstream from the mouth of Savage River. Jennings Randolph Lake is a flood control project and the Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the dam or employees. It is the responsibility of the Contractor to coordinate all work with the Contracting Officer Representative or his/her designate.

The Robert W Craig Campground was designed and built over 25 years ago and the campsites do not meet current design criteria. Campsites require upgrade to 50 amp/240 volt service in the campground to meet current need of campers. The current service is inadequate for the larger recreational vehicles which are visiting the campground in increased numbers. Additionally, the current service is antiquated and has begun to fail. A widespread failure would significantly impact the camping public in a negative fashion. Funding this package would provide for a boost in visitor satisfaction and more campers would visit with their larger camping units creating a potential increase of visitation of 5% or more, if the available sites were supported by 50 amp /240 volt service.

This action will require the contractor to furnish all labor, equipment, tools, materials to replace the 75 existing electrical camp site pedestals at the Robert W. Craig Campground in accordance with the specifications terms and conditions of the contract, and all applicable federal, state and local laws, regulations, codes or directives.

SPECIAL CONDITIONS

Site Inspections: For the benefit of prospective bidders, an on-site inspection will be provided.

Potential bidders shall contact Gary Kalbaugh at (301) 359-3861 or (304) 355-2346 to sign up for the site visit on Tuesday, August 9, 2011.

Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding national holidays). Exceptions to this condition must be coordinated with and approved in advance by the

COR.

Accident Prevention: In performing his/her contract, the Contractor shall comply with all current State and Local safety regulations, including personal safety requirements contained within the Corps of Engineers Safety and Health Requirement Manual EM 385-1-1, and shall comply with any subsequent changes. The Corps of Engineers Safety and Health Requirement Manual 385-1- 1 may be found on the World Wide Web at: http://www.hq.usace.army.mil/ceso/cesopub.htm.

Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of said work, the Contractor shall immediately notify the COR by the most expedient means feasible. If so instructed, the Contractor shall complete forms furnished, and/or provide a written description of the incident within 24 hours of notification to do so. The contractor shall exercise extreme care in the vicinity of all parking areas and protect all recreation users and Corps employees from injury and their property from harm and/or damage.

The contractor shall be responsible directly to the damaged party for any and all such claims for damage. The contractor shall notify the COR immediately of any damage to Government and private property and/or injury to any person resulting from his/her operations. In the event that an accident or an injury should occur on Government lands, the contractor shall immediately notify the appropriate local emergency service organization and the COR. The contractor shall make a written report of each incident. These reports shall include, but not be limited to, date, location, nature of the injury or accident, authorities notified, and the action taken, if any.

Sketches, drawings, and/or photographs will be utilized as needed, and all information shall be forwarded to the COR within one working day of the incident.

Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Operations Project Manager. Equipment delivered and placed in storage shall be stored with protection from the weather, humidity and temperature variations, dirt and dust, or other contaminants. 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.

Permits and Licenses: The Contractor at his/her own expense shall obtain any license or permits required to perform the contract and will provide evidence of such to the Operations Project Manager or his designate upon arrival to the site. The Contractor is required to comply with all Federal, State, and Local environmental regulations at their own expense.

Contractor is required to have current electrician license specific to either Master or Journeyman designation:

West Virginia State Code requires each Electrician License be renewed by the 30th day of June each year. It is the licensee’s responsibility to keep his or her license current. Should your license be expired for more than 12 months, you are required to take the license exam in order to obtain licensure again.

Master Electrician

Provide 10,000 hrs or 5 yrs of actual hands‐on work electrical work experience, which has to include some residential, some commercial and some industrial experience. Vocational training cannot be counted towards the required experience. All work experience has to consist of above ground structural wiring in accordance with the NEC.

Journeyman Electrician

Provide 8,000 hrs or 4 yrs of hands on electrical work experience or a completed apprenticeship program approved by the US Dept of Labor or a completed vocational course approved by the WV Dept of Education of no less than 1080 hrs

Superintendent: The contractor shall maintain an on-site representative, designated in writing, with the authority to address daily issues concerning the contract and be responsible for on-site supervision of the contractor’s workforce at all times. The on-site representative will have knowledge of the contract specifications and work schedules. The on-site representative shall attend a mandatory meeting once a week or on an as needed basis with the COR. The meetings will be held at the Administration Office. Dates and times will be set by the COR. The on-site representative shall provide a status report by 4:00 p.m. daily as to the work accomplished that day. The report is to include work in progress, work not started, and work completed and ready for inspection. The Contractor shall act as, or provide, a Superintendent who is responsible for quality control whenever the work specified 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 his/her 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.

Such authorization shall be submitted in writing to the COR. The Superintendent shall deal directly with the QA Inspector for the normal day-to-day administration of the contract provisions

Pre-work Meeting: The pre-work meeting will be scheduled no later than 7 calendar days after notification of the award of bid and work is to be completed within 60 calendar days of award date. The start date will be coordinated with the COR.

During the pre-work meeting the Contractor shall provide a Quality Assurance Plan to include, but not limited to, the following:

1. Communication method that will be utilized for contacting crews while performing their work.

2. Letter designating the on-site representative.

3. Accident Prevention Plan. Plans must be approved prior to start of work.

The Accident Prevention Plan will address at a minimum – training, first aid, emergency response, accident reporting, safety inspection and correction, hazard analysis, safety equipment inspection, repair and replacement, spill control, control substances, etc. Accident Prevention Plan must be approved prior to start of work.

Vendor product Sheets: All vendor product sheets for products to be installed shall be made available and turned over to the COR.

Security Requirements: The superintendent will provide the COR or his/her representative, a roster of all employees and sub-contractors performing work under this contract at Jennings

Randolph Lake. Workers entering the project will be asked for identification before being allowed access. A valid driver license will be sufficient for identification purposes.

III. SPECIFICATIONS

General: The Contractor is responsible for obtaining exact measurements for all items in the contract. The Contractor shall provide all labor, equipment, tools, and materials necessary for accomplishing the tasks listed as follows:

The existing seventy five (75) 30 amp/120 volt pedestals and associated underground electrical feeds will be upgraded to new pedestals that feature a 15 amp GFCI receptacle, 30 amp/120 volt receptacle, and a 50 amp/240 volt receptacle. Pedestals shall meet or exceed the Jamestown Advanced Products Corporation pedestal, part number 29-123, a pad mount power outlet with a 20-30-50 amp receptacle configuration.

The existing four (4) 200 amp underground electrical feeds will be divided into eight (8) 200 amp electrical feeds to accommodate the addition load. An additional four (4) 200 amp fused disconnects will be added to the existing services. Two (2) disconnects on the back loop and two

(2) disconnects on the front loop. All trenching and division of the campsite loops will be done in such a way to minimize the need to cross the road as few times as possible. Conduit work will be completed under existing roads as not to damage road surface. This estimate includes all labor, material, and equipment to upgrade the sites from the load side of the transformers. This includes all trenching, back filling and planting of grass seed with a straw covering. In addition, the contractor shall coordinate his work with the MON Power to determine if any upgrade to the existing transformers is necessary to accommodate the specified campsite pedestal upgrades.

MEASUREMENT AND PAYMENT

General: Measurement and payment shall be made as two progress payments with the first payment made upon acceptance and receipt of lines one and two of contract, and the final payment made upon completion of remaining line items of contract. Payment shall constitute full compensation for providing all labor, equipment, materials, supplies, tools, and incidentals required to fulfill all of the requirements of the contract.

Upon satisfaction of the contract, the Contractor shall submit invoice (s) for payment to:

Original Invoice Forwarded To:

U.S. Army Corps of Engineers Jennings Randolph Lake Project PO Box 247 Elk Garden, WV 26717

Payment will be made by:

USACE Finance Center ATTN; EFT/Disbursing 5720 Millington, TN 38054-5005

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 costing where applicable

Questions regarding preparation and forwarding of invoice may be directed to the Jennings Randolph Lake Office, telephone: (301) 359-3861 or (304) 355-2346.

Contracting Officer’s Representative: The authorized representative of the Contracting Officer (COR) for this acquisition contract is:

Mr. Bill Donnellan US Army Corps of Engineers Jennings Randolph Lake PO Box 247 Elk Garden, WV 26717

PRICES/COSTS

The Contractor, as an independent Contractor and not as an agent of the government, shall furnish all labor, supervision, equipment, and supplies to complete all upgrades detailed in Appendix A.

Appendix A should be used as a cost estimate worksheet and submitted as a bid item.

PROPOSAL SUBMITTAL INSTRUCTION

PROPOSAL SUBMITTAL INSTRUCTIONS

In response to the solicitation the offerors are required to submit information based on the subject factors:

Factors

Price Proposal Technical Proposal (certification) Past Performance (list 2 not with this agency)

It is the intent of the solicitation to seek proposals from qualified offerors with experience in performing work identified in the Scope of Work. The successful offeror will be selected based on the Best Value in consideration of the above factors. Proposals will be evaluated on their own merit based upon the factors listed herein, which are described in an order of importance.

Proposal submittal:

Envelopes will be marked: Proposal for: W912DR-11-T-0074

Submit their proposals to the U.S. Army Corps of Engineers, Baltimore District, Contracting— Room 7000, 10 S. Howard St., Baltimore, MD 21201 no later than the time and date specified on Standard Form 1442, Block 13.

Electronically: Patricia.morrow@usace.army.mil

Page limits: N/A

A page printed on both sides will be counted as two pages. Pages containing text shall be submitted on 8-1/2 x 11” paper. Each page shall be minimally single spaced with a minimum 12-point font and one inch margins all around. Drawings or other graphics shall be reduced only to the extent legibility is not lost.

Offerors are advised that is the intent of the Government that an award will be made without discussions. However, the Government reserves the right to hold discussions if it determines that discussions are necessary. Therefore, proposals should be submitted on the most favorable terms which the offeror can submit to the Government. Do not assume you will be contacted or afforded an opportunity to clarify, discuss, or revise your proposal.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-7 Central Contractor Registration APR 2008 52.219-1 Small Business Program Representations APR 2011

CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation.

(b) Representations.

(1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either--

___ (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and

(A) No material change in disadvantaged ownership and control has occurred since its certification;

(B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(C) It is identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration(PRO0Net); or

___ (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(2)___ For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.]

(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall:

(1) Be punished by imposition of a fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that

(a) [ ] it has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

SEP 2010

52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises

JUN 2000

52.232-23 Assignment Of Claims JAN 1986 52.236-12 Cleaning Up APR 1984 52.246-21 Warranty of Construction MAR 1994 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 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) (MAY 2011)

(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 (JAN 2011).

(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 (May 2011) (E.O. 13423) (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://farsite.hill.af.mil http://www.arnet.gov/far http://www.dtic.mil/dfars

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

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

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

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

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

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

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

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

(End of clause)

52.219-28 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 237130- assigned to contract number (to be determined).

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

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

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

Payment bond, irrevocable letter of credit (ILC) or certificates of deposit.

(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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Gary Kalbaugh Address: Jennings Randolph Lake Elk Garden, WV 26717 Telephone: (301) 359-3861 or (304) 355-2346

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY

2010)

As prescribed in 204.1202, substitute the following paragraph (d) for paragraph (d) of the provision at FAR 52.204- 8:

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at https://orca.bpn.gov/. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Clause # Title Date Change

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

Section 00800 - Special Contract Requirements

INSURANCE

REQUIRED INSURANCE FOR GOVERNMENT INSTALLATION & DREDGING

Pursuant to the contract clause entitled, 52.228-5, Insurance – Work on a Government Installation or on Dredging projects (which ever applies), the contractor shall procure and maintain during the entire period of this performance under the contract the following minimum insurance:

COVERAGE FOR GOVERNMENT INSTALLATION

Type Amount

Comprehensive General Liability $500,000 per occurrence

Bodily injury or death

Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $200,000 per person $500,000 per occurrence

Property Damage: $ 20,000 per occurrence

Workers' Compensation and Employer's Liability: $100,000 per person

COVERAGE FOR DREDGING

Type Amount

Comprehensive General Liability $500,000 per occurrence

Bodily injury or death

Marine Liability -

Excess towers' liability $1,000,000 per occurrence Excess protection and indemnity insurance $1,000,000 per occurrence

Workers' Compensation and Employer's Liability: $100,000 per person (including Longshore & Harbor Workers' Compensation)

Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statues, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(CENAB-CT MAY 1992)

(FAR 28.307-2(a))

WAGE DETERMINATIONS

WAGE DETERMINATION DECISION

OF THE SECRETARY OF LABOR

The following wage determination will be used to conform with the requirements of the Davis- Bacon Act (40 U.S.C. 276a to 276a-7) of the Contract Clauses*:

Decision No. WV100011 dated 06/03/2011

* WAGE DETERMINATIONS: The provisions of the Davis-Bacon Act also apply to employees who work at off-site facilities such as batch plants, rock quarries, sand pits, and the like, which are setup exclusively to furnish material to the on-site construction site.

Accordingly, contractors are required to maintain complete records on such employees.

However, operations of a “commercial supplies” or “material-man” established in proximity to but not on the actual site of work prior to the opening of bids are not covered by the Act even if dedicated exclusively to the Federal project for a time. (29 CFR 5.2 (1))

General Decision Number: WV100011 06/03/2011 WV11 Superseded General Decision Number: WV20080011 State: West Virginia Construction Type: Heavy Counties: Berkeley, Jefferson and Mineral Counties in West Virginia.

HEAVY CONSTRUCTION PROJECTS (including Sewer & Water Line Construction)

Modification Number Publication Date 0 03/12/2010 1 06/04/2010 2 12/03/2010 3 04/29/2011 4 06/03/2011

* ELEC0307-008 06/01/2011

Rates Fringes

ELECTRICIAN........... $ 29.90 14.35

SUWV1999-003 09/21/1999

Rates Fringes

Laborers:

Pipelayer................... $ 19.33 5.19 Unskilled................... $ 19.97 4.30

Power equipment operators:

Backhoe..................... $ 19.86 6.49 Driller..................... $ 20.70 4.45 Loader...................... $ 23.19 4.98 Mechanic with tools.. $ 24.36 5.24

Truck drivers:

Dump - Multi Axle.... $ 21.12 4.54 Dump - Single Axle... $ 20.68 4.44

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

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

5.5 (a) (1) (ii)).

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

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

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

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program.