B.08.02 W912DR20Q0077 (Solicitation - Almond Intake Tower Electrical Conduit Replacement).pdf

Project: Intake Tow er Electrical Conduit replacement, located at Almond Lake, Steuban, NY.

Magnitude of Construction: $25,000 and $100,000.

This procurement w ill result in a Firm-Fixed Price Construction Purchase Order.

This requirement is a 100% Small Business Set Aside

NAICS Code: 238210

Size standard of $16,500.00

Questions concerning this solicitation must be submitted in w riting by email only to Neil.O.Gonzalez@usace.army.mil no later than 2 September 2020 at 2:00 PM EST.

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

27-Aug-2020

(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 _______7 calendar days and complete it w ithin ________60 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.)

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 specif ied in Item 8 by ___________ local time ______________10 Sep 2020 (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 of fers 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

U.S ARMY CORPS OF ENGINEERS

2 HOPKINS PLAZA 03-B-07

BALTIMORE MD 21201

W912DR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 410-962-0175 TEL: FAX:

W912DR20Q0057 40

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

Section 00 10 00 - Solicitation

INSTRUCTION TO OFFERORS

Instruction to Offerors

Offers shall be prepared in accordance with these instructions, providing all required information in the specified format. Official submission will be documented in accordance with the date and time stamp of the email submission.

Quotes shall be submitted via email ONLY to Mr. Neil Gonzalez at Neil.O.Gonzalez@usace.army.mil no later than due date listed in Box 13. A. above.

SUBMISSION CRITERIA:

The offer will be evaluated to ensure all the items below are provided:

Capability Plan/Statement. The proposed capabilities should include adequate documentation to illustrate the capabilities to successfully complete the work identified within the solicitation.

Project Plan- description of how the work will be completed.

Two (2) Past Performance references for similar projects. Projects must have been completed within the previous five (5) years. And or Two (2) Past Performance Questionnaires below.

Bid Schedule- MUST include Government template provided.

EVALUATION CRITERIA

A. Technical:

The offer will be evaluated to ensure all the items below are provided:

Technical Requirements: This information consists of the Offeror’s intended approach to executing the contract.

1. Project plan: The proposed project plan should include a proposed description of how the work will be completed. This plan will include list of personnel by type and proposed materials list.

2. Capabilities plan: The proposed capabilities should include adequate documentation to illustrate the Offeror’s capabilities to successful complete the work identified within the solicitation.

The Government will check Offeror’s staffing and capabilities plans for each project for completeness and reasonableness. A complete and reasonable staffing and capabilities plan will receive an Acceptable rating. Incomplete or unreasonable plans will receive a rating of Unacceptable. Government will evaluate the clarity and strength of the overall organization and how well it is organized and structured to execute the entire scope of work. The Government will evaluate the capability of the firm to execute the project.

The Government will evaluate the Contractor’s resources to determine if it has the capability to self-perform the required amount of the project, in accordance with public policy to assure adequate interest in and supervision of all work.

Technical Rating

ADJECTIVAL RATINGS

ACCEPTABLE Offer clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Offer does not clearly meet the minimum requirements of the solicitation

B. Past Performance:

Technical Requirements: The Offeror shall demonstrate recent, relevant experience on similar projects. If the Offeror is a joint venture, each firm shall demonstrate experience. Submit at least 3 detailed examples of relevant work that are currently well underway or performed within the past 10 years. Work experience shall be demonstrated for at least 5 years.

1. Evaluation Criteria: The Government will evaluate how well the Offeror demonstrated their recent (within three years of the issue date of the RFQ), relevant experience with similar projects. If the Offeror is a joint venture, each entity must demonstrate qualifying experience comparable to its role on the project. The Government reserves the right to verify the experience record of cited projects or other recent projects or to interview owners or references. The Government reserves the right to check any or all cited references to verify supplied information.

A rating of Unacceptable will be given to an Offeror who cannot demonstrate a history of recent, relevant experience. The Government will consider extent of recent experience, degree of relevance of such experience to this project, demonstrated familiarity with similar sites and local conditions. Some examples of relevancy to this project may include, but not be limited to: (1) Number, size, type work, location;

(2) Dates (completion within last 10 years); and (3) Firm's role and extent of work self-performed (subcontracting out all work is an examples of less relevant experience).

2. The past performance questionnaire (form PPQ-0) contained herein must be provided to two references. The references need to complete and submit the questionnaire directly to Neil Gonzalez via email at neil.o.gonzalez@usace.army.mil.

Past Performance Rating Definition

PAST PERFORMANCE RATING DEFINITION

ACCEPTABLE Past performance references and /or PPQ has satisfactory ratings and clearly meets the minimum requirements of the solicitation.

UNNACEPTABLE Past performance references and/ or PPQ has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.

NEUTRAL No past performance submitted

C. Price

Bid schedule must be filled out completely. Government template provided. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

Pricing will be evaluated in accordance with FAR 15.402. The government may require additional pricing information to assist in determining the extent to which the price is fair and reasonableness and the pricing information shall be provide if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced.

Offeror must complete all line items to be considered for award. This submission item is not rated. Award will be made for the lowest-price, technically acceptable offer.

USACE PAST PERFORMANCE QUESTIONNAIRE

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Signature:

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceedsmany to the benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract.

There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) Unsatisfactory

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

(N) Not Applicable

No information or did not apply to your contract Rating will be neither positive nor negative.

TO BE COMPLETED BY CLIENT

EVALUATION OF THE PERFORMANCE.

1. QUALITY:

a) Quality of technical data/report preparation efforts

E

VG

S

M

U

N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectivenessof contract problem resolution without extensive customer guidance

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

2. SCHEDULE/TIMELINESSOFPERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

b) Rate the the contract use of available resources to accomplish tasks identified in

E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

E VG S M U N

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

W912DR20Q0057

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

BID SCHEDULE

1. QUALITY:

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

c) If this is/was a Government cost type contract, please rate the timeliness and accuracy in submitting monthly invoices with appropriate back- up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

d) Is the accounting system adequate for management and tracking of costs? If no, please explain in Remarks section.

Yes

No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

b) Contractor complied with all security requirements for the project

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

b) Compliance with contractual terms/provisions (explain if specific issues) E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below) Yes No

d) In summary, provide an overall rating for the work performed by this contractor.

ALMOND LAKE

HORNELL, NEW YORK

ALMOND INTAKE TOWER ELECTRICAL CONDUIT REPLACEMENT

BID SCHEDULE

The Contractor, as an independent Contractor and not as an agent of the Government, shall furnish all labor, supervision, materials, equipment and supplies to perform work in accordance with the specifications of the Scope of Work.

ITEM DESCRIPTION UNIT AMOUNT

Replacement of electrical conduit and service lines, include all cost associated in accordance with the PWS. Job

SCOPE OF WORK

ALMOND LAKE

HORNELL, NY

ALMOND INTAKE TOWER ELECTRICAL CONDUIT REPLACEMENT

MARCH 2020

STATEMENT OF WORK

General: Almond Lake is in Steuben County, NY, on Canacadea Creek two miles upstream from the town of Hornell. The dam and tower help to provide flood damage mitigation for communities in southern New York and eastern Pennsylvania (See Site Maps, Figures 1 and 2).

Site Access: Access to the site is available via Almond Dam Access Rd (See Attachment 1) from NY Route 21 South. The access road is a privately owned and maintained road with keyed/gated access. Government personnel will provide site access to the Contractor for the duration of the inspection and construction effort. Almond Dam Access Rd is a single lane paved road that is privately maintained. However, at the location of the work, the road varies form 30 feet wide at the pole, to 20 feet wide at the bridge. A site visit is highly recommended by prospective bidders to view the access conditions, and other features of work before bidding on the work described herein.

Objectives: The US Army Corps of Engineers at Almond Lake, New York require the replacement of the service conductors and conduit from the pole mounted service transformers to the service disconnect, Enclosed Circuit Breaker (ECB), located in the intake tower. Water penetration of the conduit has pooled at a conduit elbow just inside the tower, frozen, and subsequently rusted, cracked, and split the conduit. This statement of work includes providing all labor, supervision, materials, equipment, and supplies to complete the following:

Task: Installation of New Electrical Service

1. Statement of Work: Electrical service from the utility pole to the Intake Tower consists of underground and above ground service to deliver 3-phase, 4-wire, 208/120 Volt power to a 225 Amp enclosed circuit breaker (service disconnect). This electrical service is damaged, shall be demolished in its entirety (conductors, conduit, ductbank, etc), and a new service shall be installed. Install a new electrical service from the utility pole with the service transformers to the service disconnect located in the intake tower. Demolition of components shall begin at the secondary side of the service transformers to the primary side of the service disconnect, ECB, and be disposed of. New electrical service shall consist of #4/0 AWG conductors in a minimum 3-inch conduit. Install a manhole in the road at the entrance to the service bridge.

A spare conduit shall be installed in the ductbank between the utility pole and the manhole.

Utilize existing service bridge and intake tower penetrations.

2. Existing Conditions: Service begins at the secondary side of the pole mounted utility transformers then transitions to underground at the pole. The underground service, installed below the road, routes to the intake tower’s service bridge which then transitions to surface mounted conduit installed below the service bridge; service is mounted to the structural members of the service bridge. The service then enters the intake tower and terminates to the service disconnect. The total length of the service is approximately 290 feet. See Attachment 1 for an aerial view of the service route.

Documentation from as-builts and other completed work indicate the service consists of four #3/0 AWG (no discernable markings on conductor insulation to confirm) conductors installed in approximately 3-inch PVC and rigid galvanized steel conduit to provide 208/120 Volt power to the intake tower. The road width is approximately 30 feet at the utility pole and narrows to 20 feet at the intake tower service bridge.

3. Coordination for Power Outages: Power outages shall be coordinated with the Contracting

Officer (KO), Head Dam Operator, and Electric Utility Provider. Power outages shall be submitted for review and approval by the KO prior to de-energizing. This is an operational site responsible for managing flood hazards and operations may be conducted at any time throughout the day. Site personnel may need to operate the intake tower on backup generator power during utility outages. To minimize outage time, complete as much of the installation for the new service as practical before requesting power outages.

4. Excavation and Penetrations: Building penetrations shall be sealed to prevent intrusion by weather and animals. Trenches shall be backfilled and compacted. Asphalt and concrete shall be repaired to its original specifications.

5. Conduit Placement, Connections, and Joints:

a. Underground: A minimum of Schedule 40 PVC conduit, encased in concrete (see

Attachment 2 – Ductbank Detail). Install parallel to existing service. Install manhole, Type 3 (as shown in Attachment 3 – Manhole Details) in the road near the entrance to intake tower’s service bridge. A spare conduit, with pull rope, shall be installed in the ductbank.

Pull rope shall be plastic or flat pull line (bull line) having a minimum tensile strength of 200 pounds. Provide 3 feet of slack at each end of the spare conduit. Spare conduits shall be plugged on both ends and plugs in the manhole shall have a weep hole for drainage. Slope conduits to manhole; minimum 3 inches per 100 feet.

b. Exposed (under service bridge, utility pole, and tower interior): Threaded rigid galvanized steel (RGS) conduit and couplings shall be used, sized a minimum of 3 inches and sloped towards manhole.

c. Conduit shall transition from PVC to RGS before being exposed to the environment or physical damage.

d. Utilize existing penetrations (sleeves) through bridge toe and intake tower for routing of conduit. Sleeves shall be sealed after conduit installation to prevent intrusion by weather and animals.

6. Conductors: Service conductors shall be stranded copper, THHN/THWN insulation, and sized to #4/0 AWG.

7. Acceptance Tests: Perform an insulation resistance test and continuity test, as outlined in the latest edition of ANSI/NETA ATS.

ATTACHMENTS

The following attachments are included as part of this statement of work and shall be adhered to:

- Attachment 1 – Maps

- Attachment 2 – Ductbank Detail

- Attachment 3 – Manhole Details

DELIVERABLES

Government review and approval is required for all of the following submittals:

- Schedule of construction activities to include expected loss of utility power service to the intake tower.

- Shop Drawings - which accurately depict the as-built configuration of the installation, upon acceptance of the equipment installation.

- Manufacturer’s Catalog Cut Sheet – submit data describing and depicting the material in sufficient detail to demonstrate specification compliance for approval.

- Test results – submit test results for approval.

- Permit – copy of permit prior to start of work.

REFERENCES

Work shall be performed in accordance with the latest editions of the following:

- Unified Facilities Criteria (UFC) 3-520-01 (Interior Electrical Design), 3-550-01 (Exterior Electrical Power Distribution)

- NATIONAL FIRE PROTECTION ASSOCIATION, NFPA 70 (National Electric Code, NEC)

- NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)

- Engineering Manual (EM) 385-1-1 Safety and Health Requirements Manual

- American National Standards Institute (ANSI)/International Electrical Testing Association (NETA) Acceptance Testing Specifications (ATS) for Electrical Power Equipment and Systems

SPECIAL CONDITIONS

1. Period of Performance: The contractor shall complete pre work submittals within 7 days of receiving notice of contract award. The contractor shall complete all work included herein within 60 calendar days of receiving notice to proceed from the Contracting Officer. The start date shall be coordinated with the Contracting Officer’s Representative (COR) and Head Dam Operator. The Head Dam Operator shall also be provided with the construction schedule and task durations.

2. Performance of Work: The Contractor shall perform work only during normal Corps of

Engineers duty hours (7:00 a.m. to 3:30 p.m., Monday through Friday, excluding Federal holidays). Exceptions to this condition shall be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.

3. Accident Prevention: In performing this contract the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 and shall comply with any subsequent changes.

Information regarding acquiring the Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.asp

x. Prior to commencement of work under this contract the Contractor shall furnish to the Government an Accident Prevention Plan in accordance with Section I, Article 01.A.12 of the EM 385-1-1, dated 30 November 2014.

4. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. The Contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so.

5. Security Policy and Procedures: All contractor and associates sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

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

7. Pre-screen Candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system.

8. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Head Dam Operator.

9. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the Contractor shall restore the work area to the original condition, to be approved by the Contracting Officer.

10. Environmental Protection: The Contractor shall comply with all Federal, State, and Local environmental regulations.

11. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State, and Local laws and regulations and shall comply with any subsequent changes.

12. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Construction Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.

13. Superintendent: The Contractor shall act as or provide a Superintendent and quality control manager 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 this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to work performed under this contract.

Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the Government representative for normal day-to-day administration of the contract provisions. The Superintendent will be required to attend pre-work conference(s) prior to commencing work under this contract.

14. Project Operation: Almond Lake is a flood risk management 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 projects or employees. The site of the work is subject to periodic flooding often uncontrolled by the operation of the dam. The Contractor shall consider the potential for high water levels in the scheduling of this contract. It is the responsibility of the Contractor to coordinate all work with Head Dam Operator and COR.

INVOICES AND PAYMENT

1. Invoices: The Contractor shall submit itemized invoices no sooner than 5 days from the completion of the contract activity and no later than 15 days from the completion of the total contract activity. The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice or Call Order number Invoice total

2. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall be re-dated to reflect the new submission date.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses, the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

ATTN: John Hartsock 5960 Susquehanna Trail Suite 1 Turbotville, PA 17772

VIA Electronic Mail: John.H.Hartsock@usace.army.mil

CONTRACTING OFFICER STATEMENT

The Primary Contracting Officer for this action is Colette B. Day, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. Also, please note that any time the Primary Contracting Officer changes, it will be incorporated into the contract via unilateral modification to the contract.

OPSEC LANGUAGE

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

"All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures1(provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

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

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

15. Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form 1-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items)

AUG 2020

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

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

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

AUG 2018

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16,500,000.

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

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

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

( ) Paragraph (d) applies.

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

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

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

FAR Clause Title Date Change

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

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