11-C-0031.pdf

W81G6712025624

1. General: The Scope Of Work (SOW) for this project is to replace current 30 amp campground pedestals at Leech Lake Recreation area w ith 50 amp campground pedestals for campground sites; 1-4, 10, 13-29, 31, 34, 36, 38, 40, 42, 44-57, 58 (double site w ith tw o pedestals), and 60 for a total of 45 campground pedestals. Upgrade the electrical services as required for the installation of new Midw est 50 amp campground pedestals w ith GE Breakers. Circuits for campground pedestals shall not be connected to any other equipment and shall be limited to six (6), 50-amp campground pedestals or less. Balance panelboard circuits for all electrical campground sites. Replace existing feed and service conductors to campground sites pedestals complying w ith cultural protection recommendations of placing the new conductors w ithin the same trench/area as the removed conductors. All electrical w ork shall conform to the (2008) National Electric Code (NEC) and the (2007) National Electric Safety Code (NESC).

The NAICS code for this procurement is 238210 w ith a size standard of $14M. The estimatied magnitude for this procurement is betw een $25,000 and $100,000.

This procurement is set-aside for small business concerns.

SHANNON L MATTHEWS 651-290-5304

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

26-Sep-2011

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________30 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________22 Sep 2011 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

W912ES-11-C-0031

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

651-290-5706FAX:TEL: 651-290-5406 TEL: FAX:

W912ES-11-R-0027 63

W912ES-11-C-0031

Section 00010 - Solicitation Contract Form

SCOPE OF WORK

1. General: The Scope Of Work (SOW) for this project is to replace current 30 amp campground pedestals at Leech Lake Recreation area with 50 amp campground pedestals for campground sites; 1-4, 10, 13-29, 31, 34, 36, 38, 40, 42, 44-57, 58 (double site with two pedestals), and 60 for a total of 45 campground pedestals. Upgrade the electrical services as required for the installation of new Midwest 50 amp campground pedestals with GE Breakers. Circuits for campground pedestals shall not be connected to any other equipment and shall be limited to six (6), 50-amp campground pedestals or less. Balance panelboard circuits for all electrical campground sites. Replace existing feed and service conductors to campground sites pedestals complying with cultural protection recommendations of placing the new conductors within the same trench/area as the removed conductors. For location of campground sites at the Leech Lake Recreation Area, 01217 Federal Dam Drive NE, Federal Dam, Minnesota, 56641, see campground map (attachment 1). All electrical work shall conform to the (2008) National Electric Code (NEC) and the (2007) National Electric Safety Code (NESC).

Note: Numbering of sites in this scope of work correspond to the numbering of sites on attachment 1.

1.1 Local Utility Company: The local utility company in the Leech Lake area is Lake Country Power, point of contact is Carman Haglund, 1-800-421-9959, extension 2249.

2. Measurement and Payment: The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. The contract work shall include design, providing plant, equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, testing and meeting safety requirements, and for performing all work required for which separate payment is not otherwise provided. Compensation for all work shown, specified, or essential to completion of the project (whether or not the specific material or operation is indicated) shall be included on the quoting schedule. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract. Payment for each contract line item will constitute full compensation for furnishing the materials and constructing the work complete in place as specified. Prior to submitting a price, the Contractor shall verify all conductor distances.

2.1 Unit Prices: Payment items for the work of this contract are listed in the QUOTING SCHEDULE and described below. The payment items provided for on the quoting schedule embody the majority of the work; but the work descriptions provided below do not specifically discuss all incidental work required to complete the contract work.

2.1.1 New Loop Conductors: All loop conductors shall be, one set of three (3) 250 MCM AL conductors with a #3/0 AL Ground minimum, unless otherwise required by the NEC or to reduce the voltage drop. Contractor shall calculate voltage drops. Voltage drop shall not exceed 5% from any campground pedestal to service transformer.

2.1.2 Existing Loop Modifications: Existing loop modifications will not be measured for payment. Payment will be made on a lump sum (LS) basis at the contract price and will constitute full compensation for all materials, labor, equipment and incidentals required for modification of the existing campground electrical service, equipment and loop conductors as required.

2.1.3 Electrical Design: The electrical design will not be

measured for payment. Payment will be made on a lump sum (LS) basis at the contract price and will constitute full compensation for all materials, labor, equipment and incidentals required for the electrical design for the Leech Lake Recreation Area Campground service upgrades campground circuit balancing and campground pedestal upgrades.

2.1.4, Pump House Meter (Meter # - 01 072 905), (Account # 500566550) Campsites: 17-26

All sites have one 30 amp pedestal and are single sites.

The Pump House Meter feeds a 100 amp panel in the pump house, a 200 amp panel for the fish cleaning facility and a 100 amp panel for the restroom facility near the mooring canal. The existing wire from the pump house panel to the breaker panel for the campsites is routed by overhead wire approximately 300 feet. The meter also feeds the vault toilet facility near site #28, and four security lights in the campground.

New Pump House Meter (Meter # - 01 072 905), (Account # 500566550). Pedestals will be measured for payment by each pedestal supplied and mounted adjacent to the existing site pedestal. Payment will be made at the contract unit price for the provision of all materials, labor, equipment and incidentals for the satisfactory installation of each new pedestal supplied and mounted in place. The price shall include providing and mounting the new pedestals, all testing for proper operation of each pedestal, and removal and disposal of the replaced existing pedestals. Payment for connection of the pedestal to the new conductor shall be made under the priced item: Existing Loop Modification.

2.1.5, Site #44 Meter (Meter # - 01 362 413), (Acct # 500538750) Campsites: 27, 28, 29, 31, 34, 36, 38, 40, 42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 (double), 60.

All sites have one 30 amp pedestal, except for double site #58, which has two.

The Site #44 Meter feeds a 100 amp panel for sites #31-44, a 100 amp panel for sites 27-29 & 45, a 150 amp panel located behind site #58 for sites 46-49, 51, 54, 56, 58, 60. This panel then feeds a breaker panel located near site 53 that services sites 50, 52, 53, 55.

Site #44 Meter (Meter # - 01 362 413), (Acct # 500538750).

Pedestals will be measured for payment by each pedestal supplied and mounted adjacent to the existing site pedestal. Payment will be made at the contract unit price for the provision of all materials, labor, equipment and incidentals for the satisfactory installation of each new pedestal supplied and mounted in place.

The price shall include providing and mounting the new pedestals, all testing for proper operation of each pedestal, and removal and disposal of the replaced existing pedestals. Payment for connection of the pedestal to the new conductor shall be made under the priced item: Existing Loop Modification.

2.1.6, Comfort Station Meter (Meter # - 01 362 412), (Acct # 500565350) Campsites: #1, 2, 3, 4, 16.

All sites have 30 amp pedestals. The Comfort Station Meter also feeds the following facilities:

Comfort Station: 200 amp Site #6: 3 each 50 amp pedestals

Comfort Station Meter (Meter # - 01 362 412), (Acct # 500565350).

Pedestals will be measured for payment by each pedestal supplied and mounted adjacent to the existing site pedestal. Payment will be made at the contract unit price for the provision of all materials, labor, equipment and incidentals for the satisfactory installation of each new pedestal supplied and mounted in place.

The price shall include providing and mounting the new pedestals, all testing for proper operation of each pedestal, and removal and disposal of the replaced existing pedestals. Payment for connection of the pedestal to the new conductor shall be made under the priced item: Existing Loop Modification.

2.1.7, Government Building Meter (Meter # - 01 362 459), (Acct # 500523950).

Campsites: #10, 13, 14, 15.

All sites have 30 amp pedestals. The Government Building Meter feeds a 200 amp panel by site #5 that services the above campsites as well as 50 amp sites #5, 8, 9, 11, 12. The meter also feeds the following facilities:

Host Site: 50 amp Five security lights located around the Host Site and Office Area.

Government Building Meter (Meter # - 01 362 459), (Acct # 500523950). Pedestals will be measured for payment by each pedestal supplied and mounted adjacent to the existing site pedestal. Payment will be made at the contract unit price for the provision of all materials, labor, equipment and incidentals for the satisfactory installation of each new pedestal supplied and mounted in place. The price shall include providing and mounting the new pedestals, all testing for proper operation of each pedestal, and removal and disposal of the replaced existing pedestals. Payment for connection of the pedestal to the new conductor shall be made under the priced item: Existing Loop Modification.

3. Site Visit. Contractors are encouraged to visit the site prior to quoting. Contact Timm Rennecke at Leech Lake Recreation Area (phone number (218) 654-3145).

4. Safety Plan. The Contractor shall submit a safety plan for performing the work. Safety plan shall be in conformance with the Safety and Health Requirements Manual, US Army Corps of Engineers EM 385-1-1 (latest edition). The safety plan shall be reviewed by the Corps and discussed at the initial pre-construction meeting to be held at the Leech Lake Office. The “Safety Plan” shall be approved prior to start of work. The web site for the 2008 “Safety and Health Requirements Manual”, USACE EM 385-1-1 (latest edition) is www.usace.army.mil/CESO/Pages/EM385-1- 1,2008NEW!.aspx.

5. Schedule. All work shall be initiated by October 7, 2011 and completed by November 15, 2011. In addition, the campground area will remain functional during the construction.

6. Power Outages to Campsites. To the maximum extent as possible, campsites shall remain energized. The contractor shall obtain approval from the Leech Lake staff prior to de-energizing power to campsites. Power outages to campsites shall be kept to a minimum and not to exceed 2 days.

7. Minnesota One Call Excavation Notice System. For contract work performed within the State of Minnesota, the Contractor shall meet the requirements of Minnesota Statutes, Chapter 216D "One Call Excavation Notice System."

8. Electrical Design. Contractor shall submit a design that details the electrical installation. The electrical design shall be submitted within 14 calendar days of contract award. The “Electrical Design” shall be approved by the Contracting Officer prior to start of work and shall contain the following information:

a. Layout drawing of new electrical service.

b. New CT cabinets, meter socket, and electrical service equipment.

c. New panel boards.

d. New Midwest 50 amp pedestals with GE Breakers.

e. New underground service conduit and wiring.

f. New distribution wiring and conduit.

g. Circuit runs and cable lengths.

h. Circuit voltage drop calculations.

9. Work Plan. Contractor shall submit a work plan that details the sequence and scheduling of the proposed work. The work plan shall be submitted within 10 days of “Electrical Design” approval. The work plan shall be discussed at the initial pre-construction meeting to be held at the Leech Lake site. The “Work Plan” shall be approved prior to start of work.

10. Pavement Removal and Replacement. Where roads are cut, removed, or otherwise damaged in the prosecution of the work, the Contractor shall replace all pavements or other surfacing so removed or damaged to their preconstruction condition, unless otherwise specified or indicated. After backfill is completed on paved streets, a temporary surface shall be laid down and the street opened to the traffic in order to provide access to abutting property. Restoration of the original street surface construction shall be completed no later than 60-calendar days after starting excavation.

11. Shop Drawings. The work plan and safety plan shall be submitted as noted above. Both of these items shall be submitted prior to the pre-construction meeting. Other shop drawing submittals include the following:

a. Layout drawing of new electrical service.

b. New CT cabinets, meter socket, and electrical service equipment.

c. New panel boards.

d. New Midwest 50 amp pedestals with GE Breakers.

e. New underground service conduit and wiring.

f. New distribution wiring and conduit.

12. Clean Up. Contractor shall be responsible for removal and disposal of all construction debris. Disposal of debris shall be off-site and meet all local and state codes.

13. Coordination. All work shall be coordinated with Timm Rennecke at Leech Lake Recreation Area. 218-654-3145.

14. Initial Meeting. A pre-construction meeting shall be held at Leech Lake before commencing work. The safety plan, work plan, schedule, and coordination issues shall be discussed. The contractor shall submit the safety plan and work plan for review prior to the meeting.

15. Experience. Contractor shall be an experienced electrical contractor and licensed by the State of Minnesota.

16. Power. Electrical power is available, at the facility for Contractor’s use during construction; contact the Leech Lake staff for use. Electricity provided shall be limited to that which is available without modification to the existing system.

17. Sanitary Facilities. Outdoor restrooms are available on site;

however, contractor is encouraged to provide his own sanitary facilities during construction.

18. Disposition of Removed Equipment and Material. All removed material and equipment shall become the property of the contractor unless otherwise directed by the Contracting Officer.

Material and equipment shall be disposed of per local, state and federal regulation. If a conflict exists among regulations, the more stringent shall take precedence.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum $0.00

UPGRADE TO 50 AMP ELECTRICAL SERVICE

FFP

See Scope of work for additional information FOB: Destination

MILSTRIP: W81G6712025624

PURCHASE REQUEST NUMBER: W81G6712025624

NET AMT $0.00

ACRN AA

CIN: W81G67120256240001

$75,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 07-OCT-2011 TO

01-MAY-2012

N/A LEECH LAKE

JOHN ZAHALKA

USACE - LEECH LAKE DAM

01217 FEDERAL DAM DR NE P.O. BOX

FEDERAL DAM MN 56641-0111

218-327-4027 FOB: Destination

W912ES

CLAUSES INCORPORATED BY FULL TEXT

52.214-4001 INQUIRIES - BID INFORMATION

(a) Inquiries:

Any questions regarding this solicitation should be directed to Shannon Matthews, Contract Specialist, at telephone number (651) 290-5304. It is requested that all technical questions on the plans and specifications be submitted to the Contract Specialist by facsimile transmission to (651) 290-5706.

The bid results can be found on Federal Business Opportunities web site at http://www.fbo.gov for that solicitation..

(b) Bid Depository/Bid Opening Information:

Bids must be deposited prior to the date and time set for opening of bids. The bid depository is located in the Contracting Division, 7th Floor, of the U.S. Army Corps of Engineers - St. Paul District, 180 Fifth Street East, Suite 700, St. Paul, Minnesota 55101-1678. A public bid opening will be held at the same location.

52.214-4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404-5

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

52.236-4002 WORK PERFORMED BY THE CONTRACTOR

The successful bidder must furnish the Contracting Officer within 10 days after the award, the items of work which he will perform with his own forces, the percentage of the total work this represents, and the estimated cost thereof.

http://www.fbo.gov/�

Section 00700 - Contract Clauses

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 31 October, 2011.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $290.00 for each calendar day of delay until the work is completed or accepted.

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

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(c) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238210- assigned to contract numberW912ES-11-R-0027.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

52.222-3 CONVICT LABOR (JUN 2003)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing persons--

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if--

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.

52.222-6 DAVIS-BACON ACT (JUL 2005)

(a) Definition.--Site of the work –

(1) Means--

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is--

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the ``primary site of the work'' as defined in paragraph (a)(1)(i), or the ``secondary site of the work'' as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the ``site of the work.'' Such permanent, previously established facilities are not a part of the ``site of the work'' even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work.

(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period.

(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.

(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers.

(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination.

(ii) The classification is utilized in the area by the construction industry.

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(iv) With respect to helpers, such a classification prevails in the area in which the work is performed

(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

52.222-7 WITHHOLDING OF FUNDS (FEB 1988)

The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)

(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph(a) of this clause, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without weekly submission to the Contracting Officer.

(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify--

(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this clause.

(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract.

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JUL 2005)

(a) Definition. Construction, alteration or repair, as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation--

(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;

(2) Painting and decorating;

(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;

(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the ``site of the work'' as defined in the FAR clause at 52.222-6, Davis-Bacon Act of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the ``site of work'' definition; and

(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the ``site of the work'' definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the ``site of the work'' definition).

(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled--

(1) Davis-Bacon Act;

(2) Contract Work Hours and Safety Standards Act--Overtime Compensation (if the clause is included in this contract);

(3) Apprentices and Trainees;

(4) Payrolls and Basic Records;

(5) Compliance with Copeland Act Requirements;

(6) Withholding of Funds;

(7) Subcontracts (Labor Standards);

(8) Contract Termination--Debarment;

(9) Disputes Concerning Labor Standards;

(10) Compliance with Davis-Bacon and Related Act Regulations; and

(11) Certification of Eligibility.

(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).

(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.

52.222-12 CONTRACT TERMINATION--DEBARMENT (FEB 1988)

A breach of the contract clauses entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act-- Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract.

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988)

(a) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association,…