W912DW26QA006.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Section A - Solicitation/Contract Form

MMD Sewage Lagoon Liner RepairInstrument Name:

Product Service Code : Z2ND

Pay close attention to:

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

Section M - Evaluation Factors for Award

FAR 52.228-13 Alternative Payment Protections

*** END OF NARRATIVE 1 ***

W912DW27QA006

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Mobilize/Demobilize

Product Service Code: Z2ND

North American Industry Classification System (NAICS):

237110

Pricing Arrangement: Firm Fixed Price

1 Job

0002 Clean Lagoon (IAW SOW section 5.1)

Product Service Code: Z2ND

Pricing Arrangement: Firm Fixed Price

1 Job

0003 Repair of lagoon accessories (IAW SOW section 5.2)

Product Service Code: Z2ND

Pricing Arrangement: Firm Fixed Price

1 Job

0004 Repair Lagoon and return to working condition (IAW SOW section 5.3)

Product Service Code: Z2ND

1 Job

Pricing Arrangement: Firm Fixed Price

0005 All testing and inspections (IAW SOW section 6)

Product Service Code: Z2ND

Pricing Arrangement: Firm Fixed Price

1 Job

Section C - Description/Specifications/Statement of Work

Statement of Work

*** END OF NARRATIVE 1 ***

Requirements Cleaning, inspection, and repair of the Mud Mountain Dam (MMD) Sewage Lagoon.

Construction Specification

Scope of Work

Sewage Lagoon Liner Repair

1.0 BACKGROUND: The sewage lagoon liner servicing Mud Mountain Dam does not hold liquid and is believed to leak near its lowest elevation, at the boot around the inlet pipe or lower. Testing shows that the inlet piping itself is not leaking and the outlet from chlorine contact chamber to drainfield is performing as intended. In addition, the outlet pipe leading to the chlorinator is clogged and two PVC inlet pipes leading to the bottom of the lagoon are broken.

2.0 SCOPE OF WORK: The primary work included in this scope includes cleaning the bottom portion of the lagoon, inspection for leaks, repairing any leaks found, performing comprehensive testing to determine whether all leaks have been repaired, and returning lagoon to operational state.

Additional work includes replacing two broken PVC inlet pipe and fittings, clearing the clogged outlet pipe and replacing the chlorinator. All work must be complete within 45 calendar days of

Notice to Proceed (NTP).

3.0 GENERAL

3.1 Standards and Regulations: Perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. Ascertain the extent to which these regulations affect the operations resulting from this contract. Comply with all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated

March 2024;

b. Occupational Safety and Health Standards (29 CFR 1910);

c. ASTM D4437 (2018) Standard Practice for Nondestructive Testing (NDT) for Determining the

Integrity of Seams Used in Joining Flexible Polymeric Sheet Geomembranes

d. ASTM D6392 (2012; R 2018) Standard Test Method for Determining the Integrity of

Nonreinforced Geomembrane Seams Produced Using Thermo-Fusion Methods

e. ASTM D5641 (2016) Standard Practice for Geomembrane Seam Evaluation by Vacuum

Chamber

f. ASTM D5820 (1995; R 2018) Standard Practice for Pressurized Air Channel Evaluation of

Dual Seamed Geomembranes

3.1.1 Activity Hazard Analysis (AHA): Prepare an AHA in accordance with Paragraph 1-6 of EM 385-

1-1. ENG Form 6206, Sep 2024, or corporate equivalent form presenting the same information may be used. This must be submitted and approved by the Quality Assurance Representative (QAR) before mobilization to site (Submittal b).

3.1.2 Accident Prevention Plan (APP): Use a Competent Person to prepare the site-specific Accident

Prevention Plan (APP) in accordance with paragraph 2-7. b of EM-385-1-1 and using ENG Form

6293. This must be submitted and approved by the QAR before mobilization to site (Submittal c).

Include:

a. Biological & Pathogen Exposure Control Plan (EM 385-1-1 3-7a)

b. Lock-Out Tag-Out plan (if the aerator will need to be electrically disconnected)

c. Hot work permit in accordance with NFPA 51B or OSHA-compliant corporate equivalent (to include seaming)

d. H2S exposure control plan (controlling for H2S that may have accumulated at the bottom of the lagoon and in the chlorinator chamber)

e. Slip, Trip and Fall Prevention Plan

3.2 Certifications: The Lead Seamer must possess an industry-standard certification for the installation and repair of HDPE liners, such as the IAGI Certified Welding Technician (CWT) certification or a Manufacturer’s Installer Certification from an approved HDPE geomembrane manufacturer. In lieu of formal certification, a minimum of three (3) years of documented experience in the installation and repair of HDPE liners, verified by a submitted project log or reference letters, shall be acceptable.

3.3 Measurement and Payment: Payment will be made on a job basis after the accomplishment of all specified work, including all testing witnessed by the government QAR and documented by contractor.

3.4 Location: The sewage lagoon is located at 30525 SE Mud Mountain Rd, Enumclaw, WA. See figure 1 for details.

3.5 Access and Staging Area: Access the work location through the contractor gate to the right of the park gate when approaching. The sewage lagoon sits within a 100’x120’ fenced area, which is accessed by a double swing gate which allows for a 20 ft opening. If removal of fencing is required, removal and reinstallation will be done at contractor’s expense. An additional 50’x120’ area between this fence and the access road may also be used for staging. See figure 1 for details.

3.6 Waste management: Remove and dispose of all waste and sewage properly offsite in accordance with local regulations. Submittal (a), Work Plan, must include plan for disposal of waste.

3.7 Work Hours and Work Limits: Plan and accomplish all work in a way to minimize any interferences and inconveniences to the government, the public, and other contractors. Blockages of roadways are not allowed. Conduct business between the hours of 6:30am and 4pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Work may take place outside of these hours subject to agreement with operations staff on a case-by-case basis.

3.8 Facilities: Provide portable toilets for the contractor’s own use only. A reasonable amount of potable water and electrical power will be made available to the contractor for performing work in the area. Carefully conserve water and electricity furnished. Install and maintain any necessary temporary connections and distribution lines remove these prior to final acceptance of construction.

3.9 Environmental Conditions: Work will take place outdoors and is subject to local weather at the site.

3.10 Operation Security Requirements

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The

Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated point of contact. Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The

Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative.

The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random

Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition

(HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures – this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or

HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

3.10.1 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost

Marshal/Directorate of Emergency Services/Security Office using the National Crime

Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and

Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the

RA.

3.10.2 Suspicious Activity Reporting training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something): All contract personnel shall receive initial and annual refresher training from the

RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

3.10.3 Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

3.10.4 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR

Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with

FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility

Verification, and submit it to the Contracting Officer to become part of the official contract file.

3.11 Submittals:

3.11.1 Submittals requiring QAR approval before mobilization to site: Submit the documents under this heading to the QAR no later than five business days after notice to proceed. They will be reviewed and returned within five business days of receipt with either approval or documentation of deficiencies. Address any deficiencies noted and resubmit for approval. All work must be complete within 45 calendar days of NTP regardless of deficiencies in submittals.

a. Detailed work plan and schedule (identification of definable features of work), including:

i. Detailed work plan identifying all definable features of work

ii. Sequence and estimated schedule of work to be performed including proposed start date.

iii. Quality Control (QC) procedures and testing to be used by the contractor

iv. Testing which will be witnessed by the QAR for Quality Assurance, including all tests listed in section 6 of this scope of work, at minimum. Include format in which test results will be documented.

b. Activity Hazard Analysis (AHA);

c. Accident Prevention Plan;

d. Make and model of vacuum truck to be used;

e. HDPE liner boot product data sheet;

f. HDPE patch material product data sheet;

g. HDPE seam rod/pellet product data sheet;

h. Typical HDPE patch seam detail drawing;

i. Typical HDPE boot seam detail drawing;

j. Product data sheet for replacement PVC pipe and fittings, including banded couplings

k. Product data sheet for paint to be applied to exposed PVC pipe

l. Product data for replacement chlorinator

3.11.2 Submittals required before close-out of contract:

m. Patch material manufacturers quality assurance manual

n. As-built drawings showing details of all work accomplished

o. Test results in format approved from Submittal (a)

p. Manufacturer’s warranty information

4.0 MATERIALS: The current liner is identified as GSE HD Textured Geomembrane (Single Sided), 40 mil. The contractor must use equivalent material as verified by product data sheet submittal (texture is not required if the upper side of the current liner is untextured). Seaming rods and pellets must have essentially identical properties to the geomembrane sheet.

5.0 EXECUTION: This section contains a basic outline of required tasks. Show all identifiable features of your work in Submittal (a) – Work Plan.

5.1 Cleaning:

a. Remove aerator to a safe location prior to cleaning. Disconnect electrical and anchor connections as needed.

b. Remove material from the lower section of the liner up to 1 foot vertically above the bottom edge of the inlet pipe, or 2 feet above the bottom of the lagoon, to make it sanitary to work and allow for inspection for leaks. Clean the entire surface and all seams of the inlet pipe boot and on both sides of the wooden baffle. The liner is currently covered by a 4”-6” deep gravel blanket, and approximately 15 cubic yards of gravel will need to be removed. Use a vacuum truck to avoid causing damage to the liner and gently clean liner to reveal surface. Do not use any cleaning material or tool that could cause damage to the liner.

c. Conduct inspection as described in 6.1.

d. Either disposed of soiled gravel in accordance with local regulations or clean and stockpile gravel for reuse.

a. If gravel is disposed of, procure and transport new gravel to replace it.

b. If gravel is cleaned and stockpiled, it must be cleaned to a sanitary condition for safety during spreading and levelling. Stockpile in a designated staging area on a continuous, seamless 10-mil polyethylene underlayment; completely enclose with a sediment berm

(sandbags or wattles) and cover daily with a anchored 6-mil plastic cover to prevent rainwater infiltration and wind erosion. Prior to returning the gravel to the lagoon, sanitize the material to eliminate waterborne pathogens by thoroughly washing/wetting the gravel with a sodium hypochlorite or calcium hypochlorite solution achieving a minimum concentration of 500 parts per million (ppm) free chlorine (1/3 cup liquid bleach per gallon). Allow the gravel to remain in contact with the sanitizing solution for a minimum of two (2) hours within a temporary, lined containment wash-bay, then rinse with fresh water and allow to dry before spreading and leveling in the lagoon. Capture and store all water from the sanitization process. This water may be pumped into the lagoon after the satisfactory completion of the final controlled water hold test (6.6).

5.2 Repair of Accessories: (Tasks in this item may be completed simultaneously with repair of liner but must be complete before liner is filled with water.)

a. Remove white PVC piping downstream of the breaks at two inlet pipes. Install new schedule 80

PVC of the same nominal pipe size. Utilize 30-degree or 22.5-degree PVC elbows to match 2:1 gravel slope and install a Banded Flexible Coupling (such as a Fernco Strong Back RC Series or

Mission Banded Coupling) upstream of new elbow to reduce bending stress on pipe. Install all piping, including elbow, to rest on gravel blanket. Apply two coats of paint to all PVC piping that is exposed above the gravel blanket down to 1 foot below the low pool level during normal operation (the lower edge of the outlet pipe) in accordance with PVC manufacturers’ paint recommendation for UV protection (water-based acrylic latex paint).

b. Clear clog between outlet pipe and chlorinator.

c. Replace chlorinator with new (Sanuril model 100 or equivalent) and provide one 45-pound pail of compatible chlorination tablets.

5.3 Repair of Lagoon Liner:

a. Test 6.2 must be satisfactory before executing these tasks. If test is not satisfactory, remediate deficiencies and repeat test.

b. Repair tears, holes, blisters and other defects with patches. Provide patches that have rounded corners, meet requirements of section 4.0, and extend a minimum of 6 inches beyond the edge of defects. The seamer with qualifications submitted and approved must be present for all seaming.

c. If a defect is found in the boot around the inlet pipe or support pipes for baffle, replace the boot, banding and tape and weld new seams around the edges. The seamer with qualifications submitted and approved must be present for all seaming.

d. Perform Test 6.3 and 6.4. Tests must be satisfactory before proceeding to next step. If tests are not satisfactory, remediate deficiencies and repeat test.

e. Install sufficient temporary ballast to keep liner in place and perform test 6.5. If test is not satisfactory, remediate deficiencies and repeat test.

f. Return gravel to lagoon and spread evenly for 4”-6” cover. If new gravel is provided rather than re-use of existing gravel, it must match the size and smoothness of the removed gravel (crushed gravel is not acceptable).

g. Perform test 6.6.

h. Reinstall aerator.

6.0 INSPECTIONS AND TESTS: The government QAR will provide inspection of all work in accordance with FAR 52.212-4(b)– Terms and Conditions – Commercial Products and Commercial

Services. This section describes the minimum testing standards. Provide details of how this testing will be carried out in submittal (a) – Work Plan. Notify Point of Contact two business days in advance of conducting tests. Government observation does not relieve contractor of responsibility for quality or constitute acceptance of work. Final acceptance will not occur until after all work and required closeout documents are received.

6.1 Visually inspect for leaks after 5.1 of this scope is accomplished.

6.2 Prior to seaming, collect and test trial seam samples in accordance with ASTM D6392. Test must be satisfactory prior to start of lagoon repair.

6.3 Perform a vacuum box test on patches in accordance with ASTM D5641. Perform visual inspection. Test must be satisfactory prior to controlled water hold test.

6.4 If the inlet pipe boot or baffle support pipe boot is replaced, perform non-destructive Air

Lance Testing in accordance with ASTM D4437, Paragraph 7.2. The test nozzle must deliver a minimum of 50 PSI held within 2 inches of the weld edge. Mark any flutters, bubbles, or inflation as a leak, repair, and re-test.

6.5 Perform a controlled water-hold test of the repaired liner system at the elevation of 1 foot above the bottom edge of the inlet pipe for a minimum duration of 24 hours. Measure initial and final water elevations from a fixed datum. Net unexplained water level loss, after adjustment for precipitation, temperature and authorized water additions/removals, shall not exceed 1/8 inch over the test period. If the allowable loss is exceeded, investigate, repair deficiencies, and repeat the test at no additional cost to the Government. Water will be provided by the government.

6.6 Perform a controlled water-hold test of the repaired liner system at the elevation of the outlet pipe for a minimum duration of 24 hours. Measure and record initial and final water elevations from a fixed datum. Do not demobilize until this test is complete. Test will be considered successful if net unexplained water level loss, after adjustment for precipitation, temperature and authorized water additions/removals, is less than 1/4 inch. Additional repairs if this test is unsuccessful are not covered under this contract. Water will be provided by the government.

7.0 WARRANTY: Provide a one-year warranty against any defects in material or workmanship and pass on all manufacturers’ extended warranties. Respond to any claim for warranty work within 14 days of receipt and accomplish work to remedy warranty items within 30 calendar days of receipt of claim.

8.0 POINT OF CONTACT: The point of contact and QAR information will be included with the award.

9.0 REFERENCE DRAWINGS: Drawings provided for reference only. Drawings may not reflect actual site conditions or show all equipment installed and the government does not guarantee the accuracy of the reference drawings and information provided within this document. Verify all existing conditions, relevant dimensions and access points before pricing and commencement of work. Site visit for bidders will be provided.

a. As-Built Drawings – Sewage Treatment Facility, Plan Profile and Sections, Mud

Mountain Dam, E-3-8-278, 1974FEB19

b. As-Built Drawings – Sewage Lagoon @ Mud Mountain Dam Liner Replacement, November 30, 2018 (includes current liner product data sheets)

10.0 FIGURES

Figure 1: Location and Access

Figure 2: lagoon photo

Figure 3: lagoon photo

Figure 4: lagoon photo

Figure 5: lagoon photo

Figure 6: lagoon photo

Figure 7: lagoon photo

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance IAW SOW section 6.

DoDAAC: 960509 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

SEATTLE DIST MUD MOUNTAIN DAM, 30525 MUD MOUNTAIN RD

ENUMCLAW, WA 98022-8010

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance IAW SOW section 6.

DoDAAC: 960509 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

SEATTLE DIST MUD MOUNTAIN DAM, 30525 MUD MOUNTAIN RD

ENUMCLAW, WA 98022-8010

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance IAW SOW section 6.

DoDAAC: 960509 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

SEATTLE DIST MUD MOUNTAIN DAM, 30525 MUD MOUNTAIN RD

ENUMCLAW, WA 98022-8010

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance IAW SOW section 6.

DoDAAC: 960509 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

SEATTLE DIST MUD MOUNTAIN DAM, 30525 MUD MOUNTAIN RD

ENUMCLAW, WA 98022-8010

UNITED STATES

0005 Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance IAW SOW section 6.

DoDAAC: 960509 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

SEATTLE DIST MUD MOUNTAIN DAM, 30525 MUD MOUNTAIN RD

ENUMCLAW, WA 98022-8010

UNITED STATES

Section F - Deliveries or Performance

0001 1 JobQuantity

Address and POC

Period of Performance From 07 Dec 2026 To 21 Jan 2027

0002 1 JobQuantity

Address and POC

Period of Performance From 07 Dec 2026 To 21 Jan 2027

0003 1 JobQuantity

Address and POC

Period of Performance From 07 Dec 2026 To 21 Jan 2027

0004 1 JobQuantity

Address and POC

Period of Performance From 07 Dec 2026 To 21 Jan 2027

0005 1 JobQuantity

Address and POC

Period of Performance From 07 Dec 2026 To 21 Jan 2027

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.236-7000 Modification Proposals--Price Breakdown.

1991-12

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02

52.222-3 Convict Labor. (Deviation 2026- O0038)

2026-02

52.222-6 Construction Wage Rate 2026-02

Requirements. (Deviation 2026- O0038)

52.222-7 Withholding of Funds. (Deviation 2026-O0038)

2026-02

52.222-8 Payrolls and Basic Records.

(Deviation 2026-O0038)

2026-02

52.222-9 Apprentices and Trainees.

(Deviation 2026-O0038)

2026-02

52.222-10 Compliance with Copeland Act Requirements. (Deviation 2026- O0038)

2026-02

52.222-11 Subcontracts (Labor Standards).

(Deviation 2026-O0038)

2026-02

52.222-12 Contract Termination-Debarment. 2014-05

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05

52.222-14 Disputes Concerning Labor Standards. (Deviation 2026- O0038)

2026-02

52.222-15 Certification of Eligibility. 2014-05

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026- O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.222-90 Addressing DEI Discrimination by Federal Contractors.

2026-04

(Deviation 2026-O0040, Revision 1)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026- O0038)

2026-02

52.223-23 Sustainable Products and Services. (DEVIATION 2025- O0004)

2026-02 Deviation 2025- O0004

2025-03

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.228-2 Additional Bond Security. 1997-10

52.228-14 Irrevocable Letter of Credit. 2014-11

52.232-23 Assignment of Claims. 2014-05

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Deviation

2026-02

2026-O0038)

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.242-14 Suspension of Work. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2026- O0025)

2024-05 Deviation 2026- O0025

2026-06

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.223-7008 Prohibition of Hexavalent Chromium.

2023-01

252.225-7048 Export-Controlled Items. 2013-06

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.232-7010 Levies on Contract Payments. 2006-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.

C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.228-13 Alternative Payment Protections. 2000-07

Alternative Payment Protections (July 2000)

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

1. A payment bond

2. An irrevocable letter of credit

The amount of the payment protection shall be 100 percent of the contract price.(b)

The submission of the payment protection is required within days of contract award.(c) 10

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

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

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

(End of clause)

52.232-5 Payments under Fixed-Price Construction Contracts.

2014-05

Payments under Fixed-Price Construction Contracts (May 2014)

(a) . The Government shall pay the Contractor the contract price as provided in Payment of price this contract.

(b) . The Government shall make progress payments monthly as the work Progress payments proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) . Along with each request for progress payments, the Contractor shall Contractor certification furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that-

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

( )Name

( )Title

( )Date

(d) . If the…