W912EP18T0001.pdf

SEE ADDENDUM

(No Collect Calls)

W912EP18T0001 28-Nov-2017

b. TELEPHONE NUMBER

(904)-232-1051

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 13 Dec 2017

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.

W912EP9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSE LUGO

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

W32CS573051334

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

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

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 K370000 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LOGISTICS MANAGEMENT OFFICE

CHARLIE RILEY

LOGISTICS MANAGEMENT OFC

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

TEL: 904-232-1191 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

561499

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 OF71

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.

W912EP18T0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Material Handlers

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W32CS573051334

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-DEC-2017 TO

19-APR-2018

N/A LOGISTICS MANAGEMENT OFFICE

CHARLIE RILEY

LOGISTICS MANAGEMENT OFC

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

904-232-1191

FOB: Destination

K370000

PERFORMANCE WORK STATEMENT

Performance Work Statement

For USACE JACKSONVILLE DISTRICT

Material Handler Services at Prudential Building

September 2017

1.1 Project Description: This Performance Work Statement (PWS) consists of Material Handler Support to the U.S.

Army Corps of Engineers, Jacksonville District, Jacksonville, Florida, supporting the relocation of the 3rd, 4th, 5th, 6th and 12th floors of the Prudential building. This contract defines the Material Handler Services that will be required for the Prudential Building. The work consists of providing material handlers for receiving, disposing, transferring, and lifting material, equipment and furniture from the Jacksonville District located in Jacksonville, Florida.

1.2 Commencement, Prosecution, and Completion of Work: Upon acceptance of the Contract, the Contractor shall provide workers no later than fourteen (14) days after receiving the notice to proceed.

1.3 Period of Performance: The contract period of performance is 4 months. The beginning and ending dates are as follows:

Four months from date of award.

1.4 Scope of Work: The contractor shall furnish all required labor and equipment necessary to provide services specified herein. The detail of the scope of work is for material handler services to be provided for 4 months as stated above.

1.4.1 General: The contractor, as an independent contractor and not as an agent of the Government, shall provide necessary personnel, travel, material, and equipment to furnish Material Handler Services. The Contractor provides assistance for all areas of supply management as required to receive material, equipment and furniture.

1.4.2 Material Handler - Supervisory: Provides the management of various expendable and non-expendable items and materials, which are handled through central supply channels. Personnel will be responsible for coordinating, receiving, disposing, transferring, and lifting material, equipment, and furniture. The Supervisory Material Handler must work closely with property book officers, supply manager, and Technical Representative (Tech Rep) located at Jacksonville District Logistics Management Office.

1.4.3 Material Handler: Delivers supplies, equipment, and furniture from the warehouse to the requesting office.

The Material Handler is responsible for overall organization and utilization of storage space. The Material Handler must properly store and maintain excess furniture, equipment, and other miscellaneous materials. The Material Handler temporarily stores supplies and equipment designated for delivery to the assigned District or field location. All equipment will be stored at the Engineer Warehouse at 701 San Marco Blvd. The Material Handler ensures all shipments are unloaded properly, and placed in an assembly or holding area. The Material Handler inspects, accepts, and logs all deliveries.

1.4.4 Material Handler: Processes appropriate documents to complete the coordinating, receiving, disposing, transferring, and lifting of material, equipment, and furniture. The Material Handler maintains a file of supporting documents. The Material Handler coordinates with Logistics to schedule delivery of inventories.

1.5 Performance Requirements: Material handlers will perform duties within The Prudential Building. The overall number of personnel required are four (4). All personnel must be able to lift and move items of 70 lbs. All personnel shall possess self-discipline, strong oral and written skills, and the ability to provide timely updates.

2.0 Definitions:

2.1 Contract: A mutually binding legal relationship (enforceable by law) obligating the seller to furnish supplies or services and the buyer to pay for them.

2.2 Contractor: A supplier or vendor having a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

2.3 Contracting Officer (KO): A person with the authority to enter into, administer and/or terminate contracts and make related determinations and findings. A Corps of Engineers employee vested with the authority to approve, modify, and issue contracts.

2.4 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.5 Contractor’s On-Site Representative: Person on site, designated and empowered by the contractor to submit schedules, verify work completed, and make other day to day decisions on behalf of the contractor.

2.6 Contract Employees: Those persons hired by the contractor and approved by the Contracting Officer’s Representative to assist in the performance of this contract.

2.7. Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.8. Physical Security: Actions that prevent the loss or damage of Government property.

2.9. Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.10. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.11. Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.12 Technical Representative (Tech Rep): The person designated to act on behalf of the KO and COR with the authority to provide general overview, to coordinate with the contractor, and contracting officer. The types of actions within the purview of the Tech Rep’s authority are to assure that the contractor performs the requirements of the contract; to perform or cause to be performed inspections necessary in connection with performance of the contract; to maintain both written and oral communications with the Contractor concerning the aspects of the contract within his/her purview; to issue interpretations of technical requirements; to monitor the Contractor’s performance under the purchase order and notify the Contractor and KO of any deficiencies observed; and to coordinate site entry of Contractor personnel, if required.

3.0 General Information:

3.1 In addition to requirements above, the contractor must also provide adequate manpower and insurance for proper execution of the performance as a material handler.

3.2 Hours of Operation: Normal hours of operation for Jacksonville District is Monday thru Friday between the hours of 7:30 a.m. and 4:00 p.m., excluding Federal Holidays. The contractor may not work at the Installation on the following Federal Government Holidays:

Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December New Year’s Day 1st day of January Martin Luther King Jr. Birthday 3rd Monday of January Presidents Day 3rd Monday of February

3.3 Site Visit: It is the responsibility of the Contractor to have visited the site prior to submitting any quote for the project and gain a good understanding of the project and its requirements, including all details necessary to appropriately submit its quote such as verification of quantities. The Tech Rep can arrange access to the facility at an official site visit for all interested contractors or at a mutually agreed upon date and time by request and special approval by Tech Rep.

3.4 Contact List: Contractor shall have 48 hours after notification of award to provide a list of three (3) contact people, in order of priority, in case of impending storm, and include the following information:

Names

Phone/cell numbers (with texting preferred)

Email addresses

3.5 The Contractor shall not perform work that is outside the SOW unless directed in writing by the Contracting Officer (KO). Any work done by the Contractor outside the SOW without direction or modification from the KO will be at the Contractor’s own risk and at no cost to the Government.

3.6 KO will designate a Tech Rep for administration of this contract. The Tech Rep shall coordinate the schedule, approve submittals, inspect work, monitor progress, accept completed work, and review invoices. Tech Rep has the authority to direct the Contractor to stop performance of work if unsafe work conditions are observed.

3.7 The Tech Rep will not provide supervision to Contractor employees. The Tech Rep is not empowered to make any commitments or changes which affect the contract price or other items and conditions. Any such proposed changes must be brought to the immediate attention of the KO for action. The acceptance of any changes by the Contractor without specific approval and written consent of the KO shall be at the Contractor’s risk.

The Technical Representative is:

Name: Charlie Riley Title: Facilities Specialist Address: 701 San Marco Boulevard, Jacksonville, FL 32207 Desk Phone: 904-232-1191 Cell Phone: 904-412-9556 E-mail: Charlie.Riley@usace.army.mil

4.0 General Conditions and Requirements:

South Atlantic Division/ Jacksonville District has a requirement for material handler services that will be required for the Prudential Building for a period of 4 months.

4.1 Non-Personal Services: The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer immediately.

4.2 Services will be performed five (5) days a week, Monday-Friday, 0730 – 1600, for this PWS. The contractor shall perform material handler services daily at the Prudential Building site as requested by the Contracting Officer’s Representative (COR) or the Tech Rep. Contractor shall be available to return calls within 24 hours.

4.3 Contractor shall use the existing service routes in the public use areas to access site. Drivers of all contractor vehicles will comply with all applicable federal, state, and local laws and regulations including the use of seat belts.

All vehicles shall comply with federal, state, and local laws and regulations.

4.4 Special care shall be exercised to avoid damaging any public facilities. The contractor will restore or repair any damage to such facilities, buildings, signs, etc., resulting from the Contractor's failure to exercise reasonable care in the performance of the work. The contractor will exercise extreme care so as to protect all visitors and their property from injury, harm and/or damage. The Contractor shall be responsible for all damage incurred to self or others during the scope of this contract resulting from contractor negligence. The Contractor shall report all damaged Government items found during the normal scope of this contract to the technical representative.

4.5 The Government reserves the right to have the Contractor remove his or her employee from the job site if that employee, in the opinion of the Government, acts in such a manner as to endanger property or persons, including him or herself. A Contractor employee shall also be removed, if in the opinion of the Government, he or she behaves in an abusive, threatening or otherwise unacceptable manner toward the public, Government employees, or any other government contractors.

4.6 The Contracting Officer’s Representative, the Contracting Officer, or the Technical Representative shall be contacted and given as much advance notice as possible should the Contractor be unable to perform requested services. The Contractor will not receive compensation for those services that are not performed. Excessive absence will be grounds for termination of the contract.

5.0 Site Security: All personnel working on this project will be required to follow all security and access rules and regulations (i.e., physical access and/or network access requirements) as set forth by the US Government in order to gain access to the USACE offices and/or systems to perform work assignments and/or for the delivery of equipment.

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

5.2 The contractor and all associated sub-contractors shall receive a briefing/training by the District Security Office on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 5 calendar days of commencing work and within 5 calendar days of new employees commencing performance with the results reported to the Tech Rep no later than 5 calendar days after the completion of the training.

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

5.4 The Contractor must pre-screen potential employees using the E-verify Program website (http://www.uscis.gov/e-verify) to meet the established employment eligibility requirements. The Contractor must ensure that the potential employee has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible potential employees must be provided to the Tech Rep no later than 3 business days after the initial contract award.

5.5 Access to gated compound or secured facilities will be provided by the Government for execution of this contract. Contractor shall coordinate with Tech Rep in order to gain access to gated compound.

5.6 Each staff member will be required to have their photo identification with them at all times while on the project site.

5.7 Identification of Contractor or Personnel at Government Facilities. Upon receipt of notification to proceed, the Contractor shall have 3 business days to provide requested information for all Contractors, subcontractors, or personnel who will be working at the facility. The Contractor will supply each person’s driver’s license, social security number and physical description for vetting by the Department of Defense. Each employee shall have an identification card which includes the name of the company, a clear legible employee photograph, the employee's name, the employee’s signature, and the phone number of the company for verification. Said identification shall be made available for inspection upon the request of a Government Representative. All Contractor and sub-contractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures which will be provided by a Government Representative.

5.8 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. At the close of each work day all government facilities, equipment, and materials shall be secured.

6.0 Contractor Employees:

6.1 All Contractor employees working on this Contract must be citizens of the United States of America, an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card, Form 1-151, or present other evidence from the INS that employment will not affect his/her immigration status.

6.2 All persons hired by the Contractor during the course of the Contract must be at least 18 years of age and must possess a driver’s license valid in the State of Florida.

6.3 The contractor shall ensure that the on-site representative is able to communicate in the English language.

6.4 The Contractor and Contractor employees shall not use or be under the influence of drugs or alcohol at any time while performing the obligations of this Contract. During an on duty status, the Contractor and Contractor representatives must hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations governing Corps property and facilities. Unacceptable behavior, deemed so by the KO or COR, that brings discredit to the Government or the contractor may be grounds for dismissal of the employee or termination of the contract.

7.0 Safety: The contractor shall provide the Corps of Engineers with a written accident prevention plan and activity hazard analysis plan no less than seven (7) days prior to commencement of work. The accident prevention plan will provide all the necessary information required by EM 385-1-1, Appendix A. All safety plans must be acceptable to the government before work commences.

7.1 The Contractor shall comply with all applicable sections of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The Contractor shall provide all required safety and protective equipment as deemed appropriate for the job and required by EM 385-1-1. EM- 385-1-1 does not preclude in any way the need to adhere to all applicable regulations as publicized by the Occupational Safety and Health Administration (OSHA).

7.2 For the purpose of this Contract, the Contractor shall designate an employee responsible for overall supervision of accident prevention activities. Such duties shall include: (1) Assuring applicable safety requirements are (a) communicated to the worker in a language they understand. It is the Contractor's responsibility to ascertain if there are workers on the job who do not speak and/or understand the English language. If such workers are employed by the prime Contractor or subcontractors, at any tier, it is the prime Contractor's responsibility to ensure that all safety programs, signs, and tool box meetings are communicated to the workers in a language they understand, and that a bilingual employee is on site at all times. If the Contractor contends that interpreters and/or bilingual signs are not required, certification must be provided which verifies that all workers have a command of the English language sufficient to understand all direction, training and safety requirements, whether written or oral, and (b) incorporated into the work methods, and (2) Inspecting the work to ensure that safety measures and instructions are adequately applied.

The proposed safety supervisor's name and qualifications shall be submitted in writing for approval to the Tech Rep. This individual must have prior experience as a safety supervisor or be able to demonstrate his/her familiarity and understanding of the safety requirements over a prescribed trial period. The safety supervisor shall have the authority to act on behalf of the Contractor's general management to take whatever action is necessary to ensure compliance with safety requirements. The safety supervisor is required to be on the site when work is being performed.

7.3 Prior to the commencement of any work physically performed at the job site, a safety meeting shall be held between the Contractor and his/her employees to discuss the Contractor's safety program and to review the written accident prevention plan and activity hazard analysis plan that was provided to the Corps of Engineers at least seven days prior to commencement of work. The accident prevention plan will provide all the necessary information required by EM 385-1-1, Appendix A. (provided at pre-work conference). Additionally, at least one safety meeting shall be conducted prior to the commencement of work, at the issuance of each job order, or whenever new crews begin work, by the appropriate field supervisors or foremen for all workers. An outline report of the meeting that includes the date, time, attendance, subjects discussed, and who conducted it shall be maintained by the Contractor and copies shall be furnished to the Tech Rep upon request.

7.4 Accidents: Chargeable accidents are to be investigated by both Contractor and the COR or Tech Rep.

7.5 Accident Reporting: Eng. Form 3394: Section I, Paragraph 01.D., of EM 385-1-1 and the Contract Clause entitled ACCIDENT PREVENTION are amended as follows: The prime Contractor shall report on Eng. Form 3394, supplied by the Contracting Officer, all injuries to his employees or subcontractors that result in lost time and all damage to property and/or equipment in excess of $2,000 per incident. Verbal notification of such accident shall be made to the Contracting Officer within 24 hours. A written report on the above noted form shall be submitted to the Contracting Officer within 72 hours following such accidents. The written report shall include the following:

A description of the circumstances leading up to the accident, the cause of the accident and corrective measures taken to prevent recurrence.

A description of the injury and name and location of the medical facility giving examination and treatment.

A statement as to whether or not the employee was permitted to return to work after examination and treatment by the doctor, and if not, an estimate or statement of the number of days lost from work. If there have been days lost from work, state whether or not the employee has been re-examined and declared fit to resume work as of the date of the report.

8.0 Payment:

8.1 Payment will be made monthly upon submission of the proper invoices to US Army Corps of Engineers. No payment will be made for services not provided. All invoices shall include:

Contractor name and address, exactly as it appears on the contract

Contract number

Date of invoice submission

Invoice number

Unit Cost

Invoice total

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

8.3 Invoices shall be submitted via electronic mail and/or post-mail to the following addresses for payment. If changes occur to the mailing addresses the Contractor shall be notified of the correct recipient. An information copy of the invoice will be mailed to:

VIA Electronic Mail: Charlie.Riley@usace.army.mil

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

701 San Marco Boulevard ATTN: Charlie Riley

USACE-Jacksonville District Jacksonville, FL 32207

9.0 Insurance: Contractor shall, at its own expense, provide and maintain during the entire performance of this contract insurance as required in FAR 52.228. In accordance with FAR 52.228-5 “Insurance – Work on a Government Installation,” before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. Policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective for such period as the laws of the State in which this contract is to be performed prescribe or until thirty (30) days after the insurer or the Contractor gives written notice to the Contracting Officer.

10.0 Inspections and Quality Control Surveillance Plan:

10.1 Inspections: The contractor shall report all completed services. Status report information may be provided via phone, email, or in writing to the contract COR or his designee. This information will be used for quality assurance inspections.

10.2 Inspections will be accomplished by Government personnel. Contractor performance will be evaluated with emphasis in the following areas:

a. Proper conduct in dealing with the visiting public.

b. Compliance with specifications.

c. Safety procedures.

d. Timely responses to work order request.

10.3 Quality Control: The Contractor is responsible for establishing and maintaining adequate quality control to ensure satisfactory performance of contract work in accordance with specifications. This feature will be assured by a comprehensive Quality Control Plan developed by the Contractor and approved by the Tech Rep prior to initiating services. The Government will monitor all services to assure compliance with the Contractor Quality Control Plan and that the Contractor’s performance meets Contract specifications.

10.4 The Tech Rep shall inspect all services performed by the Contractor under this PWS through the final reports and provide feedback and acknowledgement of acceptance by the customer of the deliverables.

11.0 Environmental Protection

11.1 Applicable Regulations: The Contractor and his subcontractors in the performance of a job call, shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution control and abatement in effect on the date of this solicitation, as well as the specific requirements stated elsewhere in the contract specifications or as directed by the Tech Rep. The Contractor shall exercise care and safety in the performance of the contract and shall take necessary precautions to avoid contamination of the water, damage to private property, and injury to employees and the public. The Contractor shall be liable for any and all damages it causes to Government property and private property while in performance of this Contract. The Contractor shall also be liable for any injuries it causes to members of the public and its employees while in performance of this contract. All environmental protection matters shall be coordinated with the COR or Tech Rep.

11.2 Notification: The COR or Tech Rep will notify the Contractor of any non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to promptly comply, the COR or Tech Rep may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is later determined that the Contractor was in compliance.

12.0 Work Completion, Inspection and Acceptance: All services shall be subject to inspection by the Technical Representative or designated Government representative. If services performed do not conform to the requirements of this contract, the government shall make written notification to the Contractor of the specific deficiencies. The Contractor shall provide a written explanation as to the circumstances preventing the contract requirements from being met and explain what is preventing corrective action from being taken to conform to the contract specifications. If the Contractor does not respond within the time specified, or if three separate incidents requiring deficiency notifications occur, the contractor shall be considered in default of the Contract.

13.0 Attachment/Technical Exhibits: Performance Requirements Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective: The contractor shall furnish all labor, materials, and equipment necessary to perform the material handler services at The Prudential Building in accordance with the specifications contained herein.

Standard Performance Threshold

Method of Surveillance

PRS #1

The contractor shall provide an Accident Prevention Plan.

The contractor shall follow all rules and regulations contained in

EM 385-1-1.

Contractor shall submit the Accident Prevention Plan within 7 days of contract award, and work shall not commence until the Plan is in accordance with EM 385-1-1.

The Government will perform a 100% review of the Accident Prevention Plan to ensure it meets the requirements set forth in EM 385-1-1. (100% Inspection)

PRS #2

The Contractor shall comply with all safety requirements.

The contractor shall follow the procedures and requirements established in PWS Section 7.0 and the rules and regulations contained in EM 385-1-1.

The Contractor shall not exceed 5 safety violations that require documentation.

The Government will document safety violations during weekly compliance inspections.

PRS #3

The contractor shall provide a Quality Control Plan.

The contractor shall follow the procedures and requirements established in PWS Section 10.0.

The contractor shall submit a Quality Control Plan within 7 days of the contract award.

The Government will perform a 100% review of the Quality Control Plan to ensure it meets the requirements set forth in PWS Section 10.0. (100% Inspection)

PRS #4

The Contractor shall procure and maintain insurance.

The contractor shall follow the procedures and requirements established in PWS Section 9.0.

The Contractor shall provide proof of insurance meeting all the requirements set forth in PWS Section 9.0before beginning any work on the project.

The Government will perform a 100% review of insurance to ensure it meets the requirements set forth in PWS Section 9.0.

(100% Inspection)

PRS #5

The Contractor shall adhere to all contract specifications.

The contractor shall follow the procedures and requirements established in PWS 12.0.

The maximum documented failure to re-perform is 3 times.

The Government will document all requests for corrective actions for failure of follow the specifications.

PRS #6

The Contractor shall not damage Government or private property.

The contractor shall follow the procedures and requirements established in PWS 10.3.

The contractor shall follow the standard established in PWS 11.1

The maximum number of documented incidents of damage to Government or private property is 3 (exceeding $1,000 threshold).

The Government will document all incidents of damage to Government or private property.

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

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

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the

SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name,…