A09_Solicitation.pdf

(WORK AT MCMILLAN WATER TREATMENT PLANT NORTH CLEARWELL GATEHOUSE EAST PROJECT

This is 100% Small Business set aside requirement

This requirement is for the repair and re-point missing and broken bricks and re-establishing truss bearing and anchorage at masonry bearing w alls repair at the US Army Corps Of Engineers Washington Aqueduct McMillan Water Treatment Plant.

The Contracttor shall provide all labor, supervision, materials, equipment and supplies to complete the w all repair as stated in the SOW.

(Statement of Work).

Magnitude of Construction: Betw een $100,.000 and $250,000.

Quotes can be submitted via e-mail at cheley.auguste@usace.army.mil, fax at (410)-962-2001, ATTN: Cheley Auguste or mail to U.S. Army Corps of Engineers, Contracting Division, Simplif ied Acquisition Team, ATTN: Cheley Auguste, 10 South How ard Street, 7th f loor, Room 7000, Baltimore, MD 21201-2530.

Must complete all line items to be considered for aw ard. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Questions concerning this solicitation must be submitted in w ritting via email ONLY. Email cheley.auguste@usace.army.mil

CHELEY AUGUSTE

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

20-Nov-2012

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Scope of Work

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________07 Dec 2012 (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 _______60 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

12:00 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: 410-962-6037 TEL: FAX:

W912DR-13-T-0015 25

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-13-T-0015

Section 00100 - Bidding Schedule/Instructions to Bidders

PRICE SCHEDULE

McMillan Water Treatment Plant North Clearwell Gatehouse East Wall Repair

PRICE SCHEDULE

Item Description Amount No.

0001 The Contractor shall provide all labor, materials, equipment and personnel in accordance with the SOW (Statement of Work) for the wall repair in North Clearwell Gatehouse East as shown in the Sketches of the SOW and drawing.

TOTAL BID AMOUNT

SCOPE OF WORK

SCOPE OF WORK

Please refer to the attached Sketches S‐1 through S‐5 for reference. The Contractor shall schedule a Preconstruction Preparatory Meeting no more than 10 days following Notice to Proceed with representatives from the Government. The Contractor shall have the following personnel present during the meeting, and may include additional personnel at their discretion:

Site Superintendant, Safety Officer, Head Mason, and the Structural Engineer. (Reference Contractor Qualifications Above.) The Contractor shall ensure all plans conform to applicable OSHA and EM 385‐1‐1 regulations.

The scope of the repair and rehabilitation work for this project will consist of realignment and repair of the historical masonry bearing walls, realignment of the roof truss framing members, reattachment of the roof truss heels to the bearing walls and the Letter of Certification asserting the structure has been returned to the original state of structural alignment and stability, and that the removal of shoring is recommended (shoring removal shall be performed by others under a separate contract). The existing shoring shall not be removed, damaged or modified. The Contractor shall exercise every precaution to prevent contamination of the site soils or the water stored within the vault beneath the structure from the repair materials utilized during this Contract.

Realignment of the historical masonry walls shall be performed by a mason with the qualifications indicated above. The realignment shall be achieved through the installation of an assembly of tie rods, turnbuckles plates and decorative wall plates. The contractor shall ensure all material compatibilities are maintained during selection of components, with special consideration given to dissimilar metals that will bear in contact with one another. Selection of the decorative wall plates will be at the sole discretion of the Washington Aqueduct and Project Manager. The contractor shall provide a minimum of six (6) options of various shape and design (not including color), of which three (3) physical samples shall be presented for review and selection by the Project Manager. The sequence of tie rod installation is the responsibility of the Contractor and shall be included as part of the design by the Contractor’s Structural Engineer. A recommended procedure has been included as part of this RFP. The Contractor’s structural engineer shall be on site at all times during tie rod tensioning and masonry wall realignment. The engineer shall monitor the integrity of the wall and shall notify the Project Manager of any adverse condition developments immediately. (Reference Contractor Qualifications Above.)

The Contractor shall realign the roof trusses to engage the top and bottom chords and bring the roof trusses back into a state of alignment stability and bearing in keeping with the original construction condition of the structure. The Contractor shall install wood squash blocks and plywood plates as indicated. (Reference the Appendix Sketch S‐5.) The Contractor shall re‐ establish truss bearing on the exterior bearing walls and mechanically fasten the trusses to the exterior walls. Attachment to the exterior walls may be made using strap‐type connections and masonry anchors selected by the Contractor, meeting the minimum uplift force indicated.

Installation of masonry anchors shall only occur on the inside face of the structure and shall not exceed more than one (1) anchor per brick unit. The Contractor’s structural engineer shall periodically monitor truss modification and shall be present be on site at all times during re‐ establishment of truss bearing until such time that the engineer is confident the Contractor can complete the work without adversely affecting the integrity of the bearing walls. The engineer shall monitor the integrity of the walls and trusses and shall notify the Project Manager of any adverse condition developments immediately. (Reference Contractor Qualifications Above.)

The Contractor shall investigate the extent of missing roof tiles that need to be replaced. The Contractor shall inform the Government the number of missing and damaged roof tiles. The contractor shall replace the missing historical clay roof tiles with Government furnished units once truss bearing has been established. Approved replacement roof tiles shall be turned over to the contractor upon notification that the roof investigation has been completed. The Contractor shall assume a maximum of fifty (50) roof tiles will require replacement.

In preparation for rehabilitation of the historical masonry, the Contractor shall clean and prepare the areas where masonry work shall commence. Cleaning shall only be performed using soft nylon brushes and mild detergents if brushing alone proves insufficient. Any cleaning agents used must be non‐toxic and environmentally approved for use in conjunction with potable water supplies and shall not cause damage or discolor the existing masonry or grout.

The Contractor shall repair and replace the damaged or missing masonry with approved, historical units. Bedding, re‐pointing and repair of cracks shall be performed using the approved mortar mix as described within this document and the associated Appendix Sketches.

Approval of replacement masonry units and repair mortar appearance shall be at the sole discretion of the Project Manager. The contractor shall prepare a sample 2’‐0” by 2’‐0” panel of mortar and brick work that has cured for a minimum of 28 days in order for the Project Manager to review and approve the color and appearance match with the existing historical masonry. The sample panel shall be placed adjacent to the work site upon approval of the Project Manager.

Once all wall and roof truss rehabilitation work has been completed, the Contractor shall confirm the tensioning and sag condition of the tie rods and truss bearing engagement.

Additionally, the Contractor shall submit a Letter of Certification signed by the Contractor’s structural engineer stating that the structure has been returned to the original state of construction alignment and stability and recommending removal of shoring (removal by separate contract). The Contractor shall make provisions for a final review of the masonry wall and roof truss rehabilitation once the shoring has been removed (removal by separate contract).

Submittals: The Contractor shall submit shop drawings, samples and work plan documents to the Government. The following are the submittals that the Contractor shall provided to the Project Manager’s Representative (COR) at the Washington Aqueduct for review and approval:

Prior to start of work:

o Document ‐ Contractor’s Safety Plan o Document ‐ Contractor’s Work Plan including proposed schedule and scaled drawings with a PE’s stamp.

o Document ‐ Rod Installation Procedure Plan of Action o Document ‐ Truss Repair Procedure Plan of Action o Shop Drawing ‐ Rods, Turnbuckles, Steel Plates and Washers o Shop Drawing ‐ Repair Mortar Mix Design o Shop Drawing ‐ Truss Repair and Anchorage Materials o Sample ‐ Wall Plates, (3) physical samples of (6) total options for CO selection o Sample ‐ Repair Mortar Mock‐up o Sample ‐ Brick Mock‐up

Upon completion of work:

o Document – As‐Built Drawings and Documents o Document – Letter of Certification recommending shoring removal signed by the

Contractor’s structural engineer

Meetings: Prior to the commencement of work a Preconstruction Meeting shall be held between the Contractor and the Government. The Contractor shall have the following personnel present during the meeting, and may include additional personnel at their discretion:

Site Superintendant, Safety Officer, Head Mason, and the Structural Engineer. The Contractor shall introduce their project staff and review their Safety and Work Plans at the Preconstruction meeting. A weekly progress meeting, conducted by the Contractor’s site superintendant, shall be held at the project site where the Project Engineer from the Washington Aqueduct shall be presented with a status update of ongoing tasks along with a two week look‐ahead for upcoming tasks.

Materials: The materials used shall be as specified below:

Wall Plates – 2’‐0”x2’‐0”x½” (minimum). . . . . . . . . . . . . . . . . . . . . Cast Iron

Tensioning Rods, Plates, Washers, Nuts. . . . . . . . . . .. . . . . . . . . . . A36, Fy = 36 ksi (G120 Galvanized)

Turnbuckles (3½ clevise compatible w/ 21 KIP safe . . . . . . . . . . . A36, Fy = 36 ksi working load) (G120 Galvanized)

6x6 Squash Blocks (ripped to fit) . . . . . . . . . . . . . . . . . . . . . . . . . . . No.2 Southern Pine

15/32” CDX Plywood Sheathing Plates. . . .. . . . . . . . . . . . . . . . . . . Structural Grade

Nails (Common type ONLY, No Sinker Nails permitted). . . . . . . . . 10d galvanized

Repair Mortar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Type O (350 psi)

Historic Bricks (COR approval required) . . . . . . . . . . . . . . . . . . . . . Match Existing

Historic Clay Roof Tiles. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . Government Furnished

Sequence of Work: The following proposed sequence of work is presented for information only and does not constitute a directive to the Contractor or supersede the Contractor’s authority of Means and Methods. The only exception to this being, the existing roof shoring shall remain in place and may not be modified. Removal of this shoring shall be under a separate contract. The

Contractor’s proposed sequence of work shall be submitted as part of the Contractor’s design/work plan which shall be signed and sealed by a licensed P.E.

Proposed Sequence:

o Install rod assembly and tension rods in the long direction of the building. Monitor movement and measure plumbness of bearing walls.

o Install rod assembly and tension rods in the short direction of the building. Monitor movement and measure plumbness of bearing walls.

o Individually align trusses and install truss squash blocks (rip to fit) and install plywood sheathing plates.

o Re‐establish truss bearing and anchorage at masonry bearing walls.

o Repair and re‐point missing and broken bricks with approved historical masonry and approved repair mortar.

o Repair and dress cracks in masonry wall with approved repair mortar.

o Replace missing clay roof tiles with historical, approved matches.

o Verify tension rod sag, tensile load of rods and truss bearing.

o Submit signed Letter of Certification recommending shoring removal.

APPENDIX OF ATTACHED SKETCHS

S‐1 GENERAL NOTES

S‐2 PLAN VIEW

S‐3 ELEVATION VIEW ‐ NORTH AND SOUTH (DOOR NOT SHOWN)

S‐4 ELEVATION VIEW ‐ EAST AND WEST

S‐5 SECTION – TRUSS REPAIR

Some historical as‐built documents exist and may be provided at Contractor request.

PROJECT DURATION and LIQUIDATED DAMAGES

(a) If the Contractor fails to complete the work within 120 calendar days of contract award, the Contractor shall pay liquidated damages to the Government in the amount of $338.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SITE VISIT

A site visit for all interested parties shall be held on November 27, 2012 at 10:00 am. Individuals interested in attending the site visit MUST submit their Name, Company Name, Date of Birth, Driver's License Number and issuing State to the project engineer, Benjamin Strause by email (benjamin.c.strause2@usace.army.mil) or fax (202‐764‐2756) no later than 2:00 p.m. on the business day before the site visit in order to be admitted to the site.

FACILITY SECURITY and ACCESS REQUIREMENTS

The Washington Aqueduct has been designated a Critical Infrastructure Facility under the National Critical Infrastructure Program which was outlined in Presidential Decision Directive

63. All Contractor and sub‐contractor personnel must consent to a review of public records and screening of personal background information before access is granted to the McMillan Water Treatment Plant. Failure to provide requested information may result in denial of access to facilities. No information will be released to outside agencies. The following major types of adverse information may exclude a contractor, his employees, or sub‐contractors from gaining access to Washington Aqueduct property. Each case will be reviewed on its own merit:

a) Illegal use or abuse of drugs or alcohol, theft or dishonesty, unreliability, instability, use of force, violence and weapons related incidents that indicate a general disregard for the law.

b) Aberrant, deviant sexual behavior or bizarre sexual conduct. Contributing to the delinquency of minors, child molestation, and/or rape. Records or testimony of employment, education or military service where the individual was involved in serious offenses or incidents that would reflect adversely on the honesty, integrity, trustworthiness, or stability of the individual.

c) Excessive indebtedness, bad checks, financial difficulties or irresponsibility.

d) Failing or refusing to sign the proper authorization documents to conduct the background screenings.

e) Knowingly providing false information on Official Government Documents.

f) Contractors must ensure that employees are legal residents of the United States and supply that proof.

g) Involvement with known terrorists, terrorist organizations, terrorist‐supporting financial organizations, subversive organizations or individuals who advocate violence or the violent overthrow of the US Government.

Government or contracted personnel may be working in and around the McMillan North Clearwell Gatehouse during periods when the Contractor is providing service. Contractor’s work shall not unduly interfere with Government personnel or other contractors’ work in the area, and the Contractor shall maintain safe access to the building and surrounding areas at all times. Under certain emergency situations, the Contractor may not be granted access to the McMillan Water Treatment Plant or the North Clearwell Gatehouse Building.

SOLICITATION ATTACHMENTS

See the attached documents.

INSTRUCTION TO OFFERORS

INSTRUCTIONS

QUOTATION SUBMISSION:

Please ensure that your quote has a detailed breakdown of labor, material, equipment, and all other costs exceeding $2,000.00 for evaluation by the Government. This Request for quote (RFQ) is not a Notice to Proceed (NTP).

Quotes can be submitted via e-mail at cheley.auguste@usace.army.mil, or fax at (410)-962-2001, ATTN:

Cheley Auguste or mail to U.S. Army Corps of Engineers, Contracting Division, Simplified Acquisition Team, ATTN: Cheley Auguste, 10 South Howard Street, 7th floor, Room 7000, Baltimore, MD 21201- 2530.

Must complete all line items to be considered for award. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Questions concerning this solicitation must be submitted by email ONLY Email:

cheley.auguste@usace.army.mil

OFFERORS QUESTIONS

All Requests for Information (Request for Information) shall be submitted no later than December 03, 2012 by 12:00 p.m. After that date, no more questions will be accepted.

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

FEB 2012

52.204-99 (Dev) System for Award Management Registration (Deviation) AUG 2012 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

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

DEC 2010

52.211-13 Time Extensions SEP 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-5 Davis-Bacon Act--Secondary Site of the Work JUL 2005 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 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility FEB 1988 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-27 Affirmative Action Compliance Requirements for

Construction

FEB 1999

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-6 Drug-Free Workplace MAY 2001 52.225-10 Notice of Buy American Act Requirement--Construction

Materials

FEB 2009

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-23 Assignment Of Claims JAN 1986 52.232-27 Prompt Payment for Construction Contracts OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 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 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7004 Alt A Central Contractor Registration Alternate A SEP 2007 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 2012

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $338.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .120 days* The time stated for completion shall include final cleanup of the premises.

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

52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)--EFARS

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the 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 238140- assigned to contract number W912DR-13-P-XXXX

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

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

Washington, DC- 28.0 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

(End of provision)

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

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

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

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

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

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

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

(2) Does not include bulk cargo, as defined in 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:

Payment Bond or Irrevocable Letter of Credit

(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.

52.232-16 PROGRESS PAYMENTS (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting…