Solicitation_18R0003_DWA_Excitation_System_Replacement.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 62

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912EF 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

HILLARY A. MORGAN

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

6 - 7 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 8 - 12 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

13 - 25

PART II - CO NTRACT CLAUSES

USAED, WALLA WALLA - CONTRACTING DIV.

HILLARY A. MORGAN

201 N. THIRD AVENUE

WALLA WALLA WA 99362 509-527-7214

509-527-7802FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

W68SBV81494782

5. DATE ISSUED

05 Jun 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912EF18R0003

Section B - Supplies or Services and Prices

Walla Walla District Corps of Engineers Dworshak Excitation System Replacement

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

SUPPLY BASE ITEMS

0001 Design, manufacture, test and deliver excitation system and appurtenances for Units 1 and 2

1 JOB XXXXX $_____

0002 Design, manufacture, test and deliver excitation system and appurtenances for Unit

SUPPLY BASE ITEMS SCHEDULE TOTAL $__________

CONSTRUCTION BASE ITEMS

0003 Disassemble and remove existing excitation system Units 1 and 2

0004 Disassemble and remove existing excitation system Unit 3

0005 Install Excitation Systems and appurtenances for Units 1 & 2

0006 Install Excitation Systems and appurtenances for Unit 3

0007 Perform field testing and Commissioning 1 JOB XXXXX $_____

0008 Wrenches, tools, and Special equipment 1 JOB XXXXX $_____

0009 Spare Parts 1 JOB XXXXX $_____

CONSTRUCTION BASE ITEMS SCHEDULE TOTAL $__________

OPTIONAL ITEMS

0010 Unit 1 Collector Ring Refurbishment (Optional)

0011 Unit 2 Collector Ring Refurbishment

0012 Unit 3 Collector Ring Refurbishment

0013 Unit 1 Collector Ring Replacement

0014 Unit 2 Collector Ring Replacement

0015 Unit 3 Collector Ring Replacement

OPTIONAL ITEMS SCHEDULE TOTAL $__________

SCHEDULE TOTAL $__________

IMPORTANT See Section 01 22 00.00 28; MEASUREMENT AND PAYMENT; Paragraph; Retainage of Payment, for withholding of payment for final deliverables.

Funds are not presently available for this acquisition. No contract award will be made until funds are made available.

Section C - Descriptions and Specifications

TECHNICAL SPECIFICATIONS ARE ATTACHED TO THE END OF THIS DOCUMENT

Section E - Inspection and Acceptance

CONSTRUCTION CLAUSES

Construction Clauses – Applicable to all onsite work (CLINS 0003 through 0009 and all Optional CLINs)

52.246-12 Inspection of Construction AUG 1996

SUPPLY CLAUSES INCORPORATED BY REFERENCE- Applicable to CLINS 0001 and 0002

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

Construction Clauses – Applicable to all onsite work (CLINs 0003 through 0009 and all Optional CLINs)

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 the dates listed below.

(1) The Contractor shall complete all work by not later (NLT) than March 1st 2020. On site work window is between September 16th, 2019 and March 1st 2020.

i. Only one unit may be out of commission at a time.

ii. Each unit outage shall not exceed 6 calendar weeks (7 days per week).

iii Work may not commence on Unit 3 until all work on Units 1 and 2 have been completed as specified in iv below.

iv. Work may not commence on the next Unit until after the previous Unit has been commissioned, accepted by the Government as completed, placed back into service, and ran successfully for 24 hours.

(2) The Contractor shall complete final cleanup and demobilization by not later than 15 calendar days after completion of work in (1) above.

(3) The Contractor shall complete final submission of O&M manuals, working “as-built” contract drawings and final approved versions of Contractor prepared drawings (see SECTION 01 78 00.00 28) by not later than 30 calendar days after completion of work in (1) above.

(4) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by September 31st, 2018. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(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 amounts specified below for each calendar day of delay until the work is completed or accepted.

(1) The sum of $2,917.00 for each calendar day of delay in completing the work in 52.211-10.

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

(End of clause)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

SUPPLY CLAUSES INCORPORATED BY FULL TEXT- Applicable to CLINS 0001 and 0002

52.000-3031 Invoices – Services and Supplies

The Contractor shall submit invoices as follows:

(a) The original to:

U.S. Army Corps of Engineers, Walla Walla District ATTN: Construction Branch 201 N. Third Ave.

Walla Walla, WA 99362

(b) A copy with all supporting documentation to:

USAED, National Finance Center 5722 Integrity Drive Millington, TN 38054-5005

Section H - Special Contract Requirements

Offerors shall price all line items of the Bid Schedule.

AWARD will be made, as a whole, to one offeror.

REQUIRED LIABILITY INSURANCE PURSUANT TO FAR 28.306

In accordance with FAR clause 52.228-5 Insurance – Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(i) Coverage complying with state laws governing insurance requirements pertaining to Workmen’s Compensation and Employers” Liability Insurance.

(ii) Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(iii) Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

(iv) The coverage required under Longshoremen and Harbor Worker’s Compensation Act, if applicable.

(v) The Insurance Certificate will name the Walla Walla District, U.S. Army Corps of Engineers, 201 N. Third Avenue, Walla Walla, Washington 99362 as the Certificate Holder.

ARTHMETIC DISCREPANCIES:

(a) For the purpose of evaluating proposals, the following will be used to resolve arithmetic discrepancies found on the face of the Bid Schedule as submitted by the bidder/offeror:

a. Obviously misplaced decimal points will be corrected;

b. In a discrepancy between unit price and extended price, the unit price will govern;

c. Calculation errors in extension of unit prices will be corrected;

d. Calculation errors in the addition of lump-sum and extended prices will be corrected.

PRICE BASIS

NOTE: Prices must include all Federal, state and local taxes in accordance with FAR Clause 52.229-3, FEDERAL, STATE, AND LOCAL TAXES.

SUBCONTRACTING PLAN

ALL LARGE BUSINESS OFFERORS MUST SUBMIT A SUBCONTRACTING PLAN WITH THEIR

PROPOSAL. THE SUBCONTRACTING PLAN MUST BE REVISED AND INCLUDED WITH ANY

SUBSEQUENT PROPOSAL REVISON(S), as applicable. See section I, Federal Acquisiton Regulation Clause 52.219-9, Small Business Subcontracting Plan. For information on the evaluaton of subcontracting plans, see Army Federal Acquistion Regulation Supplement, Appendix DD.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY

In order to determine a contractor’s responsibility for purposes of contract award the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work.

(See the Attention to Bidders form included in this solicitation.) In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them;

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record. (A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history except as provided in FAR 9.104-2);

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

BIDDER INQUIRY:

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-site that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the bid opening due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: 3NKD2Q-SCH77N Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

https://www.projnet.org/ e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info

NOTICE: All bidders/offerors will be held to have reviewed the questions and responses in Bidder Inquiry prior to bid submission. Nothing is changed in the solicitation unless an amendment is issued.

LISTING OF GOVERNMENT-FURNISHED PROPERTY

The following will be made available to the Contractor to use during the performance of this job. The Contractor is responsible to ensure this property is returned to the Government in the same condition as prior to use.

Item No.

Description Quantity Total Acquisition

Cost 1 350 Ton Powerhouse Bridge Crane 2 $5,000,000 each

(b) The above estimated acquisition cost is applicable to accounting for Government-furnished property. This cost shall not be included by the Contractor in the proposal price. (52.245-1, Government Property)

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with CLAUSE: DEFAULT (FIXED-PRICE CONSTRUCTION) of the CONTRACT CLAUSES. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. A weather delay day is any day when the maximum temperature does not exceed 32 degrees Fahrenheit or when 0.10 inch or more of precipitation occurs. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

mailto:staff@projnet.info

Monthly Anticipated Adverse Weather Delay Work Days Based on (7) Day Work Week

Location Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dworshak 12 8 9 7 7 6 1 1 3 5 9 14

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number “Anticipated Adverse Weather Delay Work Days”, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days and issue a modification in accordance with the CLAUSE: DEFAULT (FIXED PRICE CONSTRUCTION) of the

CONTRACT CLAUSES.

INCREMENTALLY-FUNDED CONTRACTS

(a) The responsibilities of the Corps are limited by this clause notwithstanding any contrary provision of the "Payments to Contractor" clause or any other clause of this contract.

(b) Pursuant to the authority of 33 U.S.C. § 621 and 16 U.S.C. § 839d-1 this contract is incrementally funded on a fiscal year basis by the Bonneville Power Administration (BPA). Funds are not available at the inception of this contract to cover the entire contract price. The sum of $To Be Determined has been reserved under this contract by the Corps and is available for payment to the contractor during the current fiscal year. In accordance with the Memorandum of Agreement (MOA) between BPA and the Department of the Army (Contract No. DE MS79-94BP94655), the Sub-agreement 11GS-75348 between the Corps and BPA sets the total funding requirements for project construction and the annual funding requirements. The Corps has agreed to perform the work specified within the estimated annual funding requirements and shall coordinate with BPA in updating funding requirements. The liability of the Corps for payments beyond the funds currently reserved under this contract is contingent on the availability of additional funds from BPA under the MOA and Sub-agreement.

(c) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not be considered a breach of this contract, and shall not entitle the contractor to a price adjustment under the terms of this contract.

(d) Contingent upon additional funds being provided by BPA to the Corps, the contracting officer may at any time reserve additional funds for payments under this contract by issuing an administrative change to the contract.

(e) If earnings will be such that funds reserved for this contract will be exhausted before the end of the fiscal year, the contractor shall give written notice to the contracting officer of the estimated date of exhaustion and the amount of additional funds which will be needed to meet payments due or to become due under this contract during that fiscal year. This notice shall be given not less than 45 or more than 60 days prior to the estimated date of exhaustion.

(f) Upon receipt of the contractor’s notice under subparagraph (d), the contracting officer shall promptly provide written notice to the contractor that the Corps is-

(1) Increasing the Corps’ reservation of funds under this contract in a specified amount; or

(2) Reducing the scope of work or terminating the contract; or

(3) Unable to reserve additional funds until the following fiscal year.

(g) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract. Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall not constitute a breach of this contract and shall not entitle the contractor to any price adjustment under a “Suspension of Work” or similar clause or in any other manner under this contract.

(h) An equitable adjustment in performance time shall be made for any increase in the time required for performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of the exhaustion of funds.

(i) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds, the Corps has failed to reserve sufficient additional funds to cover payments otherwise due, the contractor, by written notice delivered to the contracting officer at any time before such additional funds are reserved, may elect to treat his right to proceed with the work as having been terminated. Such a termination shall be at no cost to the Corps, except that, to the extent that additional funds to make payment therefore are allocated to this contract, it may be treated as a termination for the convenience of the Government.

(j) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to meet all payments due or to become due the contractor because of work performed and to be performed under this contract during the fiscal year, the Corps reserves the right, by modification to the contract, to reduce said reservation by the amount of such excess.

(k) The term “Reservation” means funds that have been set aside and made available for payment under this contract by the Corps.

Section I - Contract Clauses

Construction Clauses – Applicable to all onsite work (CLIN’s 0003 through 0009 and all Optional CLINs )

Clauses Incorporated By Reference

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal MAY 2014 or Improper Activity 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To APR 2014 Inform Employees of Whistleblower Rights 52.204-2 Alt. II Security Requirements APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government’s Interest When Subcontracting with OCT 2015 Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility JUL 2013 Matters 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records—Negotiation OCT 2010 52.215-11 Price Reduction for Defective Cost or Pricing Data—Modifications AUG 2011 52.215-13 Subcontractor Cost or Pricing Data—Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) JUL 2005 Other Than Pensions 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than OCT 2010 Certified Cost or Pricing Data—Modifications 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations on Subcontracting JAN 2017 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-28 Post-Award Small Business Program Representation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act – Overtime MAY 2014 Compensation 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination – Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related MAY 2014 Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance with Veterans’ Employment Reporting Requirements FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service And SEP 2013 Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and MAY 2008 Construction Contracts 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While AUG 2011 Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 52.227-4 Patent Indemnity – Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance – Work on a Government Installation JAN 1997 52.228-11 Pledges of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds – Construction OCT 2010 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims – Alternate I APR 1984 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer—System for Award JUL 2013 Management 52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, APR 1984 Utilities and Improvements 52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items FEB 2016 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering – Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer’s Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- DEC 2008 Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident DEC 2015 Reporting 252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the OCT 2015 Government of a Country that is a State Sponsor of Terrorism 252.215-7000 Pricing Adjustments DEC 2012 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) OCT 2014 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous SEP 2014 Materials 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252-232-7003 Electronic Submission of Payment Requests and Receiving Reports JUL 2012 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals – Price Breakdown DEC 1991 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal SEP 2016 252.247-7023 Transportation of Supplies by Sea APR 2014

Clauses Incorporated By Full Text

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of approval of the Collector Ring Inspections Report as required in specification section 48 19 26.00 26.

52.225-9 - Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

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

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

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

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

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

(End of Clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

252.236-7001 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified in SECTION 00 01 15.00 28.

http://farsite.hill.af.mil/

UAI 5152.249-9000 - Basis for Settlement of Proposals (MAR 2009) Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

(5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause) UAI 5152.236-9009 - Partnering (FEB 2000)

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Contractor, primary subcontractors and designers and the Corps of Engineers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by each party. The partnering meetings shall be held in a place acceptable to both parties. Costs associated with partnering will be negotiated bilaterally after award.

(End of clause)

UAI 5152.231-9000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This clause does not apply to terminations. See UAI 5152.249-9000, Basis for Settlement of Proposals, and Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/49.htm#P332_61981 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/31.htm#P489_93024

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award NOV 2011 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Alt II Small Business Subcontracting Plan (JAN 2017) Alternate II NOV 2016 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in…