W912EF24Q0094 Solicitation_Redacted.pdf

SEE ADDENDUM

(No Collect Calls)

W912EF24Q0104 13-Aug-2024

b. TELEPHONE NUMBER

5095277280

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 27 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CALLIE R RIETFORS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USAED, WALLA WALLA - CONTRACTING DIV.

CALLIE R RIETFORS

201 N 3RD AVE

WALLA WALLA WA 99362

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 960502 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ICE HARBOR PROJECT -

COREY THOMAS

2763 MONUMENT DR.

BURBANK WA 99323-8662

TEL: (509) 543-3255 FAX:

FAX:

TEL: 509-527-7280 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

327390

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912EF24Q0104

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

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 website 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 solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: 94H2IS-KU4B9X

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 use 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.

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 at ProjNet: Public User,

(833) 389-1097 or 217-367-3273, 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

Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive. Your quote must be valid for 30 calendar days after the due date specified for receipt of quotations. Please include shipping costs in the quoted price of each item.

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database may make an offeror ineligible for award.

Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required for the GSA Federal Service Desk (FSD, https://www.fsd.gov) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk. Failure to do so within 30 days of activation may result in the registration no longer being active. Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

Completion of the required FAR 52.212-3 Alt. I, Offeror Representations and Certifications – Commercial Products and Commercial Services is required. When you complete your SAM registration, the link to complete your Reps and Certs is also available. Please do not hesitate to contact me or the SAM web site if you need assistance or have questions.

In accordance with FAR 52.229-3 Federal, State, and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

General Contract Information:

Delivery Date________________________________________________

Offeror’s Name (Printed) _________________________________________

Offeror’s Contact Telephone Number_______________________________

Offeror’s Email Address___________________________________________

Federal Tax Identification No. ____________________________________________

CAGE Code ________________ Unique Entity ID ______________________________

Is your company registered on-line in SAM (www.sam.gov)? YES NO

Total Amount of Contract: ____________________________

To ensure receipt of your quote, please send to the attention of Callie Rietfors at:

Email: callie.rietfors@usace.army.mil

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

Submission of Price Quote – Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items).

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all line items listed in the solicitation / amendments.

4. Completed Clause 52.212-3 and Alt I, “Offeror Representations and Certifications—Commercial Products and Commercial Services”.

As noted above.

5. Descriptive Materials (brochures, illustrations, drawings, data sheets, etc.) must be submitted which will allow the Contracting Officer to determine, without discussion with the offeror, whether the products being offered meets all of the required specifications. Submittals shall include copies of manufactures catalog cut sheet, specification sheets, material certifications, and warranty.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR 13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value based on price.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Precast Concrete Double Vault Toilet with Install

1.0 Statement of Work

Contractor shall furnish, deliver, and install three double vault restroom buildings: one in Charbonneau Park, one in Levey Park, and one in Windust Park.

2.0 Specifications of Double Vault Restroom

a. Meets ADA requirements

b. Fully vandal-resistant building, vault and interior components

c. Includes all interior and exterior signage with reflective exterior signs

d. Replaceable components shall be interchangeable

e. Four-inch-thick steel, reinforced concrete walls

f. Five-inch-thick steel, reinforced concrete roof and floor

g. Two 1,000-gallon sewage vaults with full ABS liners

h. Horizontal lap siding exterior texture in a western wheat color

i. Cedar shake impression exterior roof texture in a java brown or sandstone teakwood color with front exposure gable roof

j. Napa Valley rock lower textured walls

k. Plastic urinal

l. Solar light kit

m. Solar vent stack fans

n. Raptor vent screen

2.1 Design Criteria

The restroom design shall meet or be equal to the attached drawings in appearance and overall design following the criteria listed below.

a. Must provide stamped, engineered drawings prior to acceptance.

b. Designed to withstand 350 pounds per square foot snow load.

c. Designed to withstand 400 pounds per square foot floor load.

d. Designed to withstand the effects of 150 mile per hour (3‐second gust) wind exposure C.

e. Designed to withstand the effects of a seismic design category E earthquake.

f. Designed to meet the requirements of the Americans With Disabilities Act

Requirements and Uniform Federal Accessibility Standards as of the date of this specification.

g. The prefab concrete building shall have a one-piece full length and width vault unit to support the building, screen area, and snow loads evenly. The prefab concrete building shall have a one-piece floor unit to prevent panels that migrate in different directions during periods of freeze/thaw stress.

h. The prefab concrete building shall have an all-concrete design with a minimum 7/12 roof pitch.

i. The prefab concrete building shall incorporate all design aspects of Sweet Smelling Technology or similar design to allow ventilation and air flow to carry vault air and odors out through a vent pipe and not through the building.

2.2 Concrete

Colored concrete as specified or approved equal:

a. Building walls horizontal lap siding - color to be “western wheat”

b. Screen panels - color to be “western wheat”

c. Lower building walls - texture to be “Napa Valley Rock”

d. For color uniformity the same brand and type of color additive will be used throughout the manufacturing process. To ensure concrete integrity, all reinforcement will be new, free of dirt, oil, paint, grease, loose mill scale, and loose or thick rust when placed.

e. Full lengths of reinforcing steel will be used when possible. When splices are necessary on long runs, splices will be alternated from opposite sides of the components for adjacent steel bars. Lap bars #4 or smaller, a minimum of 12 inches. Lap bars larger than #4, a minimum of 24 bar diameters.

i. Reinforcing bars will be bent cold. No bars partially embedded in.

ii. Concrete will be field bent unless approved by the customer.

f. Interior floor and exterior slabs will be floated and troweled. A light broom finish will be applied to the exterior slabs.

g. Exterior building walls and exterior screen walls will be a horizontal lap siding.

h. All exterior surfaces of the roof panels will be cast to simulate a cedar shake roof. The underside of the overhang will have a smooth finish (optional textures available).

2.3 Cracks and Patching

a. Cracks in concrete components which are judged to affect the structural integrity of the building will not be allowed. Small holes, depressions, and air voids will be patched with a suitable material. The patch will match the finish and texture of the surrounding surface.

2.4 Sealers and Curing Compounds

a. Weatherproofing sealer for exterior of building will be a clear, water-repellent, penetrating sealer.

2.5 Paint

a. All paints and materials will conform to all Federal specifications. Paints will not contain more than .06 percent by weight of lead.

b. Interior floors will be a 2-component, catalyzed, water borne polyamide epoxy with a micronized polymer additive to provide uniform slip-resistant texture. The color will be gray.

c. Interior walls and ceilings will be a modified acrylic, water-repellent penetrating stain. The color will be white followed by a clear acrylic anti-graffiti sealer.

d. Exterior slab will be clear sealer. Exterior walls and roof will be a water-repellent penetrating stain in the same color as the walls or roof, followed by a clear acrylic anti-graffiti sealer.

e. Metalwork and steel doors will be primed with a one-coat zinc dust metal primer and a minimum of one coat semi-gloss exterior enamel paint.

2.6 Grab Bars

a. Grab bars will be 18-gauge, satin non-slip finish with 1-1/2” clearance.

2.7 Toilet Paper Dispenser

a. Dispenser will be capable of holding three (3) standard rolls of toilet paper.

2.8 Steel Doors

a. Doors will be flush panel type 1-3/4” thick, minimum 16-gauge galvanized steel, top painted with DTM ALKYD.

b. Door frames will be knockdown or welded type, single rabbet, minimum 16-gauge steel, top painted with DTM ALKYD, width to suit wall thickness. Three (3) rubber door silencers will be provided on latch side of frame.

2.9 Door Hinges

a. Door hinges will be three (3) per door with dull chrome plating 4-1/2” x 4- 1/2”, adjustable tension, automatic-closing for each door.

2.10 Lockset

a. Lockset will meet ANSI A156.2 Series 4000, Grade 1 cylindrical lockset for exterior door.

b. Lever handles both inside and out. U.S. 26D finish.

2.11 Deadbolt

a. Deadbolt will be a Lori Lock standard model with a double cylinder, 2-3/4” backset, and US26D finish. The cylinder will be a standard 1-1/8” Schlage Mortise cylinder with compression ring and 626 finish.

2.12 Doorstop

a. Doorstop will be a dome-style stop meeting ANSI 156.16.

2.13 Door Sweep

a. Door sweep will be provided at the bottom of door and will be an adjustable brush type.

2.14 Windows and Vault Cleanout Cover

a. Windows and cleanout cover frames will be constructed from steel.

b. Window glazing will be 3/16” thick translucent pebble-finished mar-resistant Lexan.

c. Plate for vault cleanout cover will be 1/4” thick diamond plate steel. Lid will be hinged and configured so that it can be locked with a padlock. A gasket will be provided across the entire width and length of the lid to provide an airtight seal.

2.15 Vault Liner

a. The vault liner shall be made from a single sheet black ABS/750 virgin plastic with capacity to hold up to 1,000 gallons of waste or 15,000 uses per vault. The initial sheet thickness shall be a minimum .375 inch. Final stamped thickness shall be a minimum .060 inch.

b. The vault liner shall have molded dovetail embeds to attach the liner to the concrete walls of the vault. The vault liner shall have two J-rails to attach the liner to the bottom of the vault. Vaults with the ABS liner shall be warranted against leaks for a period of seven years.

3.0 Installation

Work specified under this section includes location, excavation, backfill, and placement of precast concrete vault toilets.

3.1 Location

It’s the responsibility of the customer to:

a. Provide exact location by stakes or other approved method.

b. Provide clear and level site free of overhead and/or underground obstructions.

c. Provide access to the site for truck delivery and sufficient area for the crane/boom truck to install and the equipment to perform the contract requirements.

3.2 Access to Site

Units to be delivered to public use areas Charbonneau Park, Levey Park, and Windust Park.

Delivery to site made on normal highway trucks and trailers. If at the time of delivery conditions of access are hazardous or unsuitable for truck and equipment due to weather, physical constraints, or roadway width or grade, the successful offeror may require an alternate date to ensure a safe and quality installation.

Perform all work during the normal work hours for Ice Harbor Lock and Dam.

Normal work hours are 7:00 AM to 5:00 PM, Monday through Thursday, excluding Federal holidays.

3.4 Excavation and Elevation

a. Comply with all applicable OSHA Standards for excavation.

b. Excavate for the installation of the toilet vault to a depth that will allow the structure site to be free draining after installation is completed.

Allow for a 2” leveling course beneath the toilet vault. Stockpile topsoil in a separate pile at sites.

c. Finished floor elevation will be 4-6 inches above natural grade measured at the front (entrance) of the exterior slab unless otherwise approved by the customer. Ideally, the back of the building should be slightly higher to allow water to freely drain out of the toilet rooms. The customer may specify a finish floor elevation for buildings at some sites.

The contractor will install buildings at these sites with the floor elevation within +/- 0.05 feet of the specified floor elevation.

d. No excavation will be left open more than seven (7) days unless otherwise approved by the customer.

e. All excavations left open overnight will be fenced with wire mesh or plastic mesh fence secured to steel posts all around the excavation.

f. The bottom of the fence will generally follow the contour of the ground.

g. Maximum spacing of the steel posts will be ten (10) feet.

h. Minimum height of the fence will be 36 inches.

3.5 Backfill and Compaction

a. Compact the natural ground at the bottom of the vault excavation.

b. Grade leveling course so there will be no high spots in the middle of the vault bottom. Compact with a second pass with a whacker or approved equivalent tamper.

c. Set vault in place. Backfill around structure. Use excavated material for backfill, except rocks larger than six inches in maximum dimension shall not be placed within six inches of the exterior vault walls.

d. Adjacent to the building entrance, fill will have excavated material placed in eight-inch loose lifts and compacted with a minimum of two passes with a whacker-type mechanical compactor of equivalent approved by the customer.

3.6 Finish Grading

a. Spread excess excavated material from the vault around structure.

Intended final grade is flush with the top of the front slab. Allow for placement of topsoil to reach that grade. Grade backfill away from structure at maximum slope of five (5) percent unless otherwise approved by the customer.

b. Spread stockpiled topsoil as final layer after rough grading is completed.

Areas disturbed by excavation, backfilling, and stockpiling of excavated materials will be hand-raked to remove exposed rocks over one-inch in maximum dimension. Oversized rocks removed from the surface shall be disposed of in a designated area within 200 feet of the site.

3.7 Vault Toilet Riser and Accessories

a. Polyurethane caulk will be applied between toilet riser flange and concrete floor before the toilet riser is installed.

3.8 Exhaust Pipe Installation

a. After exhaust pipe is installed, seal around pipe at top and underside of roof with polyurethane caulk. Seal around pipe at top of slab will be accomplished by using polyurethane caulk.

4.0 Warranty and Follow Up Service

The successful offeror warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any non-conformity is provided to the offeror in writing within one (1) year of delivery. The offeror, at their option, will repair or replace the goods or issue credit for the customer provided the offeror is first given the opportunity to inspect such goods. It is specifically understood that the offeror’s obligation hereunder is for credit, repair, or replacement only; F.O.B.

the offeror’s manufacturing plant; and does not include shipping, handling, installation, or other incidental or consequential costs unless otherwise agreed to in writing by the offeror.

This warranty shall not apply to:

a. Any goods which have been repaired or altered without the offeror’s express written consent, in such a way as in the reasonable judgment of the offeror, to adversely affect the stability or reliability thereof;

b. To any goods which have been subject to misuse, negligence, acts of God or accidents or

c. To any goods which have not been installed to manufacturer’s specifications and guidelines, improperly maintained, or used outside of the specifications for which such goods were designed.

5.0 Point of Contact (POC)

6.0 Safety

Perform all on-site work in accordance with the requirements as stated in these specifications, the manufacturers’ installation procedures, and the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1.

The Contractor is required to wear the personal protective equipment described in EM 385-1-1. This includes steel-toed work boots, hard hat, and eye protection.

Perform all work in a professional workmanship manner, which are deemed normal and acceptable practiced for a professional vault installation.

7.0 Antiterrorism / Operations Security (AT/OPSEC)

a. 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 Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). 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.

b. 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.

c. 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.

d. 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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Double Vault Toilet w/ Install - Levey

FFP

Concrete Double Vault Toilet with Installation at Levey Park. Per the Performance Work Statement.

FOB: Destination

MILSTRIP: 0001

PSC CD: 5410

NET AMT

0002 1 Each Double Vault Toilet w/ Install - Charb.

FFP

Concrete Double Vault Toilet with Installation at Charbonneau Park. Per the Performance Work Statement.

FOB: Destination

MILSTRIP: 0002

0003 1 Each Double Vault Toilet w/ Install - Windust

FFP

Concrete Double Vault Toilet with Installation at Windust Park. Per the Performance Work Statement.

FOB: Destination

MILSTRIP: 0003

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 3 mths. ADC 1 ICE HARBOR PROJECT -

COREY THOMAS

2763 MONUMENT DR.

BURBANK WA 99323-8662

(509) 543-3255 FOB: Destination

960502

0002 3 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 3 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.223-23 Sustainable Products and Services. MAY 2024 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern,…