B.08.03 Amendment 0003 - W912DR21B0019.pdf
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- Attached to
- Bldg. 320 Renovations @ Letterkenny, PA Federal contract opportunity
- Solicitation number
- W912DR21B0019
About this file
This document is an amendment to a solicitation for construction services for the renovation of Building 320 located at Letterkenny Army Depot in Chambersburg, Pennsylvania. The U.S. Army Corps of Engineers, Baltimore District, seeks to award a firm-fixed-price, 8(a) contract to renovate the building in seven phases, with an estimated completion time of 750 calendar days. The amendment provides responses to inquiries, updates specifications and drawings, revises the price schedule, and decreases the offer acceptance period from 90 to 60 days. Key changes include adding a non-penetrating roof guardrail system, revising various specification sections and drawings, and increasing the period of performance by 210 days to a maximum of 750 days if all optional items are awarded.
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Text version
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to provide the Government's responses to the inquiries received during the Request for Information (RFI) period. Corresponding documents updated in accordance w ith Government responses. Current w age determination has been provided.
All other terms and conditions remain unchanged.
1. CONTRACT ID CODE PAGE OF PAGES
1 21
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 26-Jul-2021
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912DR21B0019
X 9B. DATED (SEE ITEM 11)
29-Jun-2021
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
26-Jul-2021
CODE
USACE, BALTIMORE
2 HOPKINS PLAZA
BALTIMORE MD 21201
W912DR 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION 00 10 00 - SOLICITATION
The offeror acceptance period has decreased by 30 from 90 to 60.
The contractor period of performance end date has increased by 210 days from 540 days to 750 days.
The following have been added by full text:
AMENDMENT 0003
AMENDMENT NO. 0003 TO W912DR21B0019
Letterkenny Army Depot: Renovations to Building 320 EFFECTIVE 23 July 2021
SPECIFICATIONS:
1) Specification 01 11 00: Delete the Phasing and Work Summary Scope attached to this specification as originally issued and substitute the attached like-named Phasing and Work Summary Scope, dated 23 July 2021.
2) Specification 01 33 00: Delete the Submittal Register attached to this specification as originally issued and substitute the attached like-named Submittal Register dated 23 July 2021.
3) Specification 05 52 00: Insert the following immediately after Paragraph 2.2.5.1:
“2.3 NON-PENETRATING ROOF GUARDRAIL SYSTEM
Non-penetrating railing system for roof edge fall protection.
2.3.1 System Description
Provide and install freestanding Roof Edge Protection System, including pipe railings, uprights, bases, counterweights, fittings and delivery to site.
2.3.2 Components
Freestanding counterweighted guardrail system with 42 inch (1067 mm) minimum height to provide a pedestrian egress barrier on the roof to withstand a minimum load of 200 lb (90719 g) in any direction to the top rail per OSHA Regulation 29 CFR 1910.23.
a. Pipe: Steel, 1-1/2 inches (48 mm) schedule 40, galvanized.
b. Tube: Galvanized tube, 12 gauge, 1-1/2 inches, 1.90 inches (48 mm) OD.
c. Rails and Posts: Galvanized Tube, 12 gauge, 1-1/2 inches 1.90 inches (38 mm) diameter.
d. Counterweight Levers: Galvanized Tube, 12 gauge, 1-1/4 inches 1.660 inches (38 mm) diameter.
e. Mounting Bases: Steel bases are galvanized and are supplied with a rubber pad on underside of the component.
f. Counterweights: Molded recycled PVC with one fixing collar per counterbalance. Weight per counterweight base, 30 pounds.
g. Fasteners: stainless steel or galvanized.
h. Fittings, Including Elbows, Crossovers, Wall flanges, Tees, Couplings: Galvanized
Malleable Cast Iron, ASTM A447 with ASTM A153 galvanizing.
2.3.3 Finish
Factory applied powder coat finish. Color as selected from manufacturer's full line of RAL colors.”
4) Specification 07 42 13: Insert existing metal wall panel shop drawing “Morin Building Products” at the end of the specification.
5) Specification 23 07 00: Delete this specification section as originally issued and substitute the attached like-named specification section dated 23 July 2021.
DRAWINGS:
6) Sheet AD103: Delete note A4b in room 119. The ceiling in this area is to be patched/repaired and repainted.
7) Sheet A010: Delete this sheet in its entirety as originally issued and substitute the attached like-numbered sheet, dated 07/2021.
8) Sheet A402: Revise roof replacement general note #16 to read as follows:
“DUE TO HAZARDOUS WORKING CONDITIONS WITH-IN THE DESIGNATED AREA SHOWN
ON THE “SET UP PLAN” ON THIS SHEET ALL WORK WITHIN THIS AREA SHALL BE DURING
NON-DUTY HOURS FOR THIS PROJECT SHALL BE 7:00 A.M. TO 3:30 P.M. FRIDAY THRU
SUNDAY. (SEE ALSO SECTION 01 14 00 WORK RESTRICTIONS
SECTIONS 1.3.2, 1.3.3 AND 1.3.4.”
9) Sheet A602: Delete this sheet in its entirety as originally issued and substitute the attached like-
10) Sheet A702: Delete this sheet in its entirety as originally issued and substitute the attached like-
11) Sheet A901: Revise reference note of plaster ceiling patching on Photos 1 and 3 to read as follows:
“EXISTING CEILING TO BE ABATED OF ASBESTOS CONTAINING MATERIAL AND
THEN REMOVED”
12) Sheet S101: Add Reference note on Existing Pit to read the following:
“BACKFILL EXIST PIT, 2’-8”+/- DEEP AND REPAIR SLAB”
13) Sheet S102: Plan Note 1 to read the following:
“SAFETY RAILING IS DESIGNED AROUND A NON-PENETRATING ROOF
GUARDRAIL SYSTEM. MAXIMUM SPACING OF POSTS AND BASES IS 8’-
0” WEIGHT AT EACH POST IS 57 POUNDS. WEIGHT AT BASES ARE 30 LBS. REFER TO
REVISED SPECIFICATION 05 52 00 SECTION 2.3.”
14) Sheet S102B: Plan Note 1 to read the following:
“SAFETY RAILING IS DESIGNED AROUND A NON-PENETRATING ROOF
GUARDRAIL SYSTEM. MAXIMUM SPACING OF POSTS AND BASES IS 8’-
0” WEIGHT AT EACH POST IS 57 POUNDS. WEIGHT AT BASES ARE 30 LBS. REFER TO
REVISED SPECIFICATION 05 52 00 SECTION 2.3.”
15) Sheet P001: Delete Roof Drain Footnote #4.
GENERAL:
16) Price Schedule: Delete this document and replace with the attached revised price schedule, dated 23 July 2021.
The following have been modified:
PRICE SCHEDULE
UNIT PRICE SCHEDULE
Revised 23 July 2021
Item Estimated No. Description Quantity Unit Amount
TOTAL ESTIMATED BASE BID AMOUNT: $____________
0001 All costs in connection with construction of Building 320 at Letterkenny Army Depot, Phases 1-3, complete as shown on drawings and specifications.
---- JOB
All costs in connection with construction of Building 320 at Letterkenny Army Depot Phase 4A,4B, and 4C, complete as shown on drawings and specifications.
---- JOB
0003 All cost in conjunction with the interior insulation wall facing repairs. Phase 4D, 2,500
SF
complete as shown on drawings and specifications.
OPTIONAL BID ITEMS
Item Estimated No. Description Quantity Unit Price Amount
All costs in connection with construction of Building 320 at Letterkenny Army Depot
Phase 5A, complete as shown on drawings and specifications.
---- JOB $
0005 All cost in conjunction with the exterior metal wall panel repairs.
Phase 5B, complete as shown on drawings and
3,000
SF
0006 All costs in connection with construction of Building 320 at Letterkenny Army Depot Phase 6, complete as
JOB
with construction of Building 320 at Letterkenny Army Depot Phase 7, complete as with construction of Building 320 at Letterkenny Army Depot Phase 8, complete as
TOTAL ESTIMATED OPTIONAL BID AMOUNT $
TOTAL ESTIMATED OPTIONAL AND BASE BID AMOUNT $
NOTES TO BIDDERS
Offerors must quote on all items. Failure to quote on all items may be cause for rejection of the proposal.
Optional Items may be exercised at any time within 365 calendar days after the date of receipt of Notice to Proceed. The Contracting Officer may exercise the Optional Items by written notice to the Contractor, postmarked within the period specified above. The Government may exercise any, all or none of the listed Optional Items in any order.
EVALUATION OPTIONS: Except when it is determined not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
VARIATION IN ESTIMATED QUANTITIES: If the quantity of a unit-price item in this contract is an estimated quantity and the actual quantity of the unit-price item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon receipt of a written request for an extension, the Contracting officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.
SECTION 00 72 00 - GENERAL CONDITIONS
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 SEE BELOW. The time stated for completion shall include final cleanup of the premises.
*** 540 calendar days after receipt of notice to proceed for the base bid items (CLINs 0001-0003).
If Optional Items are awarded, the contract performance time will be extended on an as awarded basis.
- Optional bid items (CLINs 0004-0006, 0008) performance shall be completed within 540 days after contract notice to proceed.
- Optional bid item (CLIN 0007) could provide an additional performance time of 210 days which is 750 days after contract notice to proceed.
Total period of performance time shall not to exceed 750 calendar days if all options are awarded. Base bid items’ required completion time of 540 calendar days is in no way affected by any option awards. ***
(End of clause)
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 TBD 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)
SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS
SUPPLEMENTARTY CONDITIONS
Section 00 73 00 - Supplementary Conditions
INFORMATIONAL TEXT
PRIMARY CONTRACTING OFFICER
Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the
Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
ANTITERRORISM/OPERATIONS SECURITY (AT OPSEC)
This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.
This standard language requires US based contractor employees and associated subcontractor employees to make available and to receive government provided area or responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.
This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the CO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.Training website:
http://www.myarmyonesource.com/FamilyProgramsandServices/iWatchProgram/Default.aspx.
Per AR 530-1, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained with 30 calendar days of their reporting for duty and annually thereafter.
This standard language is for contractor employees with an area of performance within an Army controlled installation, facility, or area. Contractor and all associated subcontractors employees shall provide all information required for background checks to meet installation 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.
Contractor and all associated subcontractor employees shall comply with adjudication standards and processes using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
(End of Text)
SECURITY LANGUAGE FOR UNCLASSIFIED CONTRACTS
All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (standalone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (nonsensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Security Officer, Baltimore District, Corps of Engineers, 2 Hopkins Plaza, Room 00-A-26, Baltimore, MD 21201-1715 within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to Security Officer, Baltimore District, Corps of Engineers, 2 Hopkins Plaza, Room 00-A-26, Baltimore, MD 21201-1715. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Security Office, Baltimore District, Corps of Engineers, will process the investigation in coordination with the Contractor and contract employees.
In accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE:
exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I- 551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).
Note: Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).
REQUIRED INSURANCE FOR GOVERNMENT INSTALLATION & DREDGING
Pursuant to the contract clause entitled, 52.228-5, Insurance – Work on a Government Installation or on Dredging projects (which ever applies), the contractor shall procure and maintain during the entire period of this performance under the contract the following minimum insurance:
COVERAGE FOR GOVERNMENT INSTALLATION
Type Amount Comprehensive General Liability $500,000 per occurrence Bodily injury or death
Motor Vehicle Liability (for each motor vehicle): $200,000 per person Bodily injury or death $500,000 per occurrence
Property Damage: $20,000 per occurrence Workers' Compensation and Employer's Liability: $100,000 per person Workers' Compensation and Employer's Liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statues, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.
The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.
TESTING LABORATORIES
Testing is required to be performed by the Contractor as part of his Quality Control program to verify contract compliance. This Quality Control Testing is to be conducted by a project or commercial laboratory which has been found adequate and qualified by a Corps of Engineers Division Laboratory Inspection team.
(i) A composite listing of approved testing laboratories within the North Atlantic Division is available on the following website: http://www.erdc.usace.army.mil/Portals/55/docs/CEERD-GV/CEERD-GMC/ 150204_CEERDGM-C_ValidatedLabs.pdf. The Contractor should engage the services of a laboratory contained in the composite list.
(j) The Contractor may engage the services of a laboratory other than those contained in the aforementioned list provided:
1) The Contractor identifies and proposes the unapproved laboratory a minimum of 90 days prior to the start of testing. This time is necessary to allow for scheduling an inspection by a Corps of Engineers Division Laboratory team. The time for Government inspection will not be the basis for an increase in the contract performance period.
2) All costs of Government inspection shall be the responsibility of the contractor.
3) The process for requesting Government inspection and approval prior to award may be found at the following link: http://acwc.sdp.sirsi.net/client/en_US/search/asset/1045310.
EVALUATION OF CONTRACTOR PERFORMANCE
As a minimum, the contractor’s performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during the contract performance when determined to be in the best interest of the Government.
The format for the evaluation will be DD2626, and the contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The contractor will be advised of any unsatisfactory rating either in an individual element or in the overall rating prior to completing the evaluation, and all contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining contractor responsibility.
(End of Clause)
(CENAB-CT JUN 1996)
(FAR 36.201)
(was 52.236-4000)
SAFETY ASSURANCE
Preconstruction Safety Meeting: Representatives of the Contractor shall meet with the Contracting Officer or his/her representative(s) prior to the start of repair, alteration or construction activities for the purpose of reviewing the Contractor's safety and health programs and discussing implementation of all safety and health provisions pertinent to the work to be performed under the contract. The Contractor shall be prepared to discuss, in detail, the measures he/she intends to take in order to control any unsafe or unhealthy conditions associated with the work to be performed under the contract. This meeting may be held in conjunction with the preconstruction conference, if so, directed by the Contacting Officer. The conduct of this meeting is not contingent upon a general preconstruction meeting. The level of detail for the safety meeting is dependent upon the nature of the work and the potential inherent hazards. The Contractor's principal on-site representative(s) shall attend this meeting.
Compliance with Regulations: All work, including the handling of hazardous materials or the disturbance or dismantling of hazardous materials or the disturbance or dismantling of structures containing hazardous materials shall comply with the applicable requirements of 20 CFR 1926/1910. Work involving the disturbance or dismantling of asbestos or asbestos containing materials, the demolition of structures containing asbestos, and/or the disposal and removal of asbestos, shall also comply with the requirements of 40 CFR, Part 61, Subparts A and B, ETL 1110-1- 118 and DA Circular 40-83-4. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply.
Contractor Responsibility:
(a) The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the Government harmless for any action on his part or that of his employees or subcontractors, which results in illness, injury, or death. Contractors are required to report any accidents and injuries to the Contracting Officer's Representative within 24 hours of the accident. A written report (ENG 3394) shall be submitted within 72 hours of the accident to the Contracting Officer's Representative.
(b) The Contractor is subject to the safety and health standards of both the Occupational Safety and Health Act (OSHA) and the Corps of Engineers General Safety Requirements, EM 385-1-1. Implementation of OSHA provisions rests in the statutory requirement while compliance with EM 385-1-1 is a contractual matter.
(c) The Contractor should review the accident-prevention clauses of the contract, the Corps of Engineers General Safety Requirements, EM 385-1-1, latest revision, referred to therein, and the special and technical provisions applicable to safety. The Contractor should assure himself that he has full knowledge of the personal protective equipment (including respiratory equipment) that must be provided workmen, and that he is familiar with medical surveillance and recordkeeping requirements and with the safety standards applicable to machinery and mechanized equipment, ladders and scaffolds, fire prevention and protection, stripping of concrete forms, cleanup and housekeeping and other safety measures for the prevention of accidents during construction.
Inspections, Tests, and Reports: The required inspections, tests, and reports made by the contractor, subcontractors, specially trained technicians, equipment manufacturers, and others as required, shall be at the contractor's expense.
These reports shall be furnished in accordance with the terms contained herein.
i. MATERIALS AND EQUIPMENT: Special facilities, devices, equipment, clothing, and similar items used by the Contractor in the execution of work shall comply with the applicable regulations.
ii. HAZARDOUS MATERIALS: The Contractor shall bring to the attention of the Contracting Officer any material suspected of being hazardous which he encounters during execution of the work. A determination will be made by the Contracting Officer as to whether the Contractor shall perform tests to determine if the material is hazardous. If the Contracting Officer directs the contractor to perform tests, and/or if the material is found hazardous and additional protective measures are needed, a contract change may be required, subject to equitable adjustment under the terms of the contract.
HEAD PROTECTION (HARD HATS)
The entire work area under this contract is designated as a hard hat area. The contractor shall post the area as per paragraph 05.D.01, EM 385-1-1, and shall insure that all contractor personnel, vendors, and visitors utilize hard hats within the project area.
SUBMISSION OF INVOICES
(a) Original invoices for services performed under the contract will be submitted to and payment will be made by: USACE Finance Center ATTN: Disbursing 5722 Integrity Drive Millington, TN 38054-5005
(i) One copy of all invoices shall be forwarded to the following for review and certification:
It is preferred that the Contractor hand delivers their invoice to the designated Project Engineer and follow the Construction Quality Control (CQC) process to utilize the Resident Management System (RMS) providing for:
1) Contractor's invoice on ENG Form 93, which shall show, in summary form, the basis for arriving at the amount of the invoice.
2) Contractor's monthly estimate for voucher with an update of the work completed under the contract measured as percent or as specified quantities, with subcontractor and supplier payment certification.
3) Prompt payment certification.
4) Updated submittal register.
SUMMARY FOR THE PAYMENT OFFICE
All modifications will provide sufficient information to permit the paying office to readily identify the changes for each Contract Line Item (CLIN) and SubCLIN item as follows:
(a) The amount of funds obligated by prior contract actions, to include the total cost and fee if a cost- type contract; the target fee at time of contract award if a cost-plus-incentive-fee contract; the base fee if a cost-plus- award-fee contract; or the target price and target profit if a fixed-price incentive contract;
(b) The amount of funds obligated or deobligated by the instant modification, categorized by the types of contracts specified in paragraph (a) of this section; and
(c) The total cumulative amount of obligated or deobligated funds, categorized by the types of contracts specified in paragraph (a) of this section.
System for Award Management (SAM) Notarized Letter Process Contractors must have on file at the Federal Service Desk a completed, signed, and notarized letter identifying the contractor's authorized SAM account administrator.
Contractors must mail both the letter identifying the companies authorized SAM account administrator along with the form completed by the notary to the Federal Service Desk before the contractor's account administrator can update their SAM information.
Contractors can find the required forms and step by step instructions on how to submit the required documents to the Federal Service Desk by clicking on the following link:
https://www.fsd.gov/fsdgov/ answer.do?sysparm_kbid=d2e67885db0d5f00b3257d321f96194b&sysparm_search=kb0013183 or;
https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systemsmanagement/ integrated- award-environment-iae/sam-update
W912DR21B0019
WAGE DETERMINATION
WAGE DETERMINATION DECISION
OF THE SECRETARY OF LABOR
The following wage determination will be used to conform with the requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) of the Contract Clauses*:
Decision No. PA2021090 dated 7/23/2021
* WAGE DETERMINATIONS: The provisions of the Davis-Bacon Act also apply to employees who work at off-site facilities such as batch plants, rock quarries, sand pits, and the like, which are setup exclusively to furnish material to the on-site construction site. Accordingly, contractors are required to maintain complete records on such employees. However, operations of a “commercial supplies” or “material-man” established in proximity to but not on the actual site of work prior to the opening of bids are not covered by the Act even if dedicated exclusively to the Federal project for a time. (29 CFR 5.2 (1))
General Decision Number: PA20210090 07/23/2021
Superseded General Decision Number: PA20200090
State: Pennsylvania
Construction Type: Building
County: Franklin County in Pennsylvania.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date 0 01/01/2021 1 01/08/2021 2 01/15/2021 3 04/23/2021 4 04/30/2021 5 05/07/2021 6 06/04/2021 7 07/02/2021 8 07/09/2021 9 07/16/2021 10 07/23/2021
ASBE0023-007 06/28/2021
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR - MECHANICAL (Duct, Pipe & Mechanical System Insulation) (Asbestos Abatement, Removal from Mechanical Systems Only).........$ 35.80 28.21
BOIL0013-008 03/01/2018
Rates Fringes
BOILERMAKER......................$ 45.89 33.39
BRPA0005-062 05/03/2020
Rates Fringes
BRICKLAYER (Including Pointing, Caulking, and Cleaning)........................$ 33.99 16.87
CARP0287-017 06/01/2020
Rates Fringes
CARPENTER (Scaffold Building Only)............................$ 29.93 16.45
CARP0443-003 05/01/2019
Rates Fringes
MILLWRIGHT.......................$ 35.18 18.82
CARP0900-017 06/01/2018
Rates Fringes
CARPENTER (Drywall Hanging and Metal Stud Installation Only)............................$ 28.51 15.23
CARP2235-007 01/01/2021
Rates Fringes
PILEDRIVERMAN....................$ 36.50 19.92
ELEC0143-011 06/01/2021
Rates Fringes
ELECTRICIAN (Includes HVAC/Temperature Controls Installation, and Low Voltage Wiring; Excludes Installation of Sound and Communication Systems and Alarm Installation)....................$ 33.50 25.63
ELEC0229-004 01/01/2020
Rates Fringes
ELECTRICIAN (Alarm Installation Only)...............$ 33.84 19.67
ELEC0743-011 09/01/2016
Rates Fringes
ELECTRICIAN (Installation of Communication and Sound System)..........................$ 34.77 20.19
ELEV0059-004 01/01/2021
Rates Fringes
ELEVATOR MECHANIC................$ 49.95 35.825+a+b
FOOTNOTES:
A. Employer contributes 8% of basic hourly rate for 5 years or more of service as vacation pay credit, and 6% of basic hourly rate for less than 5 years of service.
B. Eight Paid Holidays (provided employee has worked 5 consecutive days before and the working day after the holiday): New Years's Day; Memorial Day; Independence Day;
Labor Day; Veterans' Day; Thanksgiving Day and the Friday after Thanksgiving Day, and Christmas Day.
ENGI0066-044 07/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
Mechanic....................$ 28.37 15.66 Pump........................$ 25.20 15.66
ENGI0542-032 05/01/2021
Rates Fringes
POWER EQUIPMENT OPERATOR
Crane.......................$ 42.12 28.60 Hoist (Single Drum), Forklift (under 20 ft., excludes masonry work)......$ 36.87 27.04 Hoist (With Two Towers), Forklift (20 ft and over, excludes masonry work)......$ 39.59 27.85 Oiler.......................$ 34.40 26.32
IRON0404-022 07/01/2021
Rates Fringes
IRONWORKER, STRUCTURAL,
REINFORCING AND ORNAMENTAL.......$ 34.01 31.13
LABO0373-001 01/01/2017
Rates Fringes
LABORER (Asbestos Abatement (Removal from Floors, Walls, and Ceilings))...................$ 22.60 15.44
LABO1180-013 05/01/2019
Rates Fringes
LABORER
Concrete Worker; Concrete Saw (Walk Behind/Hand Held).$ 22.29 14.53 Forklift (Masonry Work Only).......................$ 26.32 14.53 Jack Hammer; Mason Tender- Brick.......................$ 24.82 14.53
PAIN0057-037 06/01/2014
Rates Fringes
PAINTER (Brush, Roller, and Spray)...........................$ 26.98 15.65
* PLUM0520-020 05/01/2021
Rates Fringes
PLUMBER..........................$ 38.77 28.29
* PLUM0520-021 05/01/2021
Rates Fringes
PIPEFITTER (Includes HVAC Pipe and HVAC Unit Installation)....................$ 38.77 28.29
SFPA0669-004 04/01/2021
Rates Fringes
SPRINKLER FITTER (Fire Sprinklers)......................$ 40.33 26.69
SHEE0019-015 06/01/2021
Rates Fringes
SHEET METAL WORKER (Includes HVAC Duct Installation)..........$ 38.79 39.32
FOOTNOTE: Paid Holiday: Election Day
* UAVG-PA-0016 01/01/2016
Rates Fringes
OPERATOR: Bulldozer.............$ 37.85 22.72
SUPA2011-048 08/20/2014
Rates Fringes
CARPENTER (Acoustical Ceiling Installation Only)...............$ 37.73 4.59
CARPENTER (Form Work Only).......$ 23.39 10.25
CARPENTER, Excludes Acoustical Ceiling Installation, Drywall Hanging and Metal Stud Installation, Form Work, and Scaffold Building.........................$ 21.71 6.62
CEMENT MASON/CONCRETE FINISHER...$ 26.33 10.14
FLOOR LAYER: Carpet Only.........$ 18.78 5.02
FLOOR LAYER: Hardwood Floors Only.............................$ 26.91 11.88
FLOOR LAYER: Vinyl Flooring Only.............................$ 19.71 5.94
GLAZIER..........................$ 20.00 1.54
LABORER: Common or General......$ 18.09 8.34
LABORER: Landscape..............$ 15.01 0.00
LABORER: Mason Tender - Cement/Concrete..................$ 26.17 4.88
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 23.73 7.50
OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 24.14 13.55
OPERATOR: Drill.................$ 25.58 17.07
OPERATOR: Gradall...............$ 32.70 18.43
OPERATOR: Grader/Blade..........$ 32.51 17.98
OPERATOR: Loader................$ 27.05 14.52
OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 30.39 15.05
OPERATOR: Roller................$ 30.39 13.72
ROOFER, Excludes Waterproofing...$ 21.32 10.39
ROOFER: Waterproofing Only.......$ 28.60 18.02
TILE FINISHER....................$ 20.65 8.24
TILE SETTER......................$ 24.31 11.62
TRUCK DRIVER: Dump Truck........$ 19.77 5.02
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations Wage and Hour Division
U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
(End of Summary of Changes)
File details come from the government source that posted it. Updated .