A22_Solicitation_ground_water.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES-16-T-0002 11-Feb-2016

b. TELEPHONE NUMBER

651-290-5422

8. OFFER DUE DATE/LOCAL TIME

11:59 PM 24 Feb 2016

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 X 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.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN H ROSE

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

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

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

W81G6750894200

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15 million

NAICS:

541380

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

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.

W912ES-16-T-0002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Set Phase 1 ground water monitoring

FFP

FOB: Destination

MILSTRIP: W81G6750894200

PURCHASE REQUEST NUMBER: W81G6750894200

NET AMT

0002 1 Set Phase 2 ground water monitoring

FFP

FOB: Destination

MILSTRIP: W81G6750894200

PURCHASE REQUEST NUMBER: W81G6750894200

0003 1 Set OPTION Phase 3 ground water monitoring

FFP

FOB: Destination

SCOPE OF WORK

Scope of Work for the Collection and Analysis of Ground Water Samples for the Crats Island Dredged Material Placement Site Unloading Project at the Wabasha Gravel Pit

1. GENERAL

The St. Paul District, Army Corps of Engineers (Corps) as part of their Dredged Material Management Plan will be hydraulically transferring under a separate contract approximately 900,000 cubic yards of stockpiled dredge material from Crats Island to the Wabasha Gravel Pit. This project is located in Pool 4 of the Upper Mississippi River. See Figure 1 for the project location. Crats Island is located on the Wisconsin (Buffalo County) side of the River near RM 759. The Wabasha Gravel Pit is located on the Minnesota (Wabasha County) side of the River near

RM 761.

The Corps requires the services of a Contractor to collect ground water samples for metals, PAHs, fecal coliform, pesticides, PCBs, and some other basic parameters at the Wabasha Gravel Pit. The project will be completed in 3 phases. Phase 1 involves the collection of pre-project samples (background water samples), phase 2 involves the collection of project samples (samples collected while material is being placed), and phase 3 involves the collection of post project samples (after the material placement is completed). The sample collection network will consist of 1 city well, 8 monitoring wells, 2 surface sites and up to 4 residential wells.

Figure 2 shows the approximate location of the sampling wells at the Wabasha Gravel Pit. At each well the contractor shall be responsible for the collection and analysis of water and ground water samples as described in this scope of work and the attached sampling protocol. The contractor shall also conduct in situ monitoring of water level, temperature, specific conductance, pH, dissolved oxygen (DO), and turbidity at each well.

The dredging project will begin approximately 1 July 2016. The completion date will be approximately 1 December 2017.

The phase 1 of the Groundwater Monitoring Contract shall begin no later than 1 April 2016 and phase 2 of the project should be complete by 1 December 2017. Phase 3 shall be completed by 1 June 2018.

2. OBJECTIVE

The monitoring objective is to characterize pre-project groundwater conditions in the monitoring and surrounding residential wells, monitor the range of impact of the dredging operation using specific conductance as a tracer, and ensure that residential well water quality meets State and Federal water quality criteria after the project is completed. Analytical methods were selected on the basis of ability to detect potential contaminants at low levels.

Low level data is required to determine the effects of the project. Data collected will be used to assess the effects of this and future dredged material disposal on the surrounding groundwater quality.

3. LOCATION OF THE WELLS

The approximate locations of the wells are shown on Figure 2. 1 city well, 8 monitoring wells, 2 surface sites and up to 4 residential wells will be sampled. The proposed residential wells to be sampled are subject to landowner approval. The Contractor is responsible for contacting the landowners prior to each sampling event so the landowner knows when and who will be on their property. Access to individual monitoring wells and/or residential tap water sources shall be agreed upon fully with the landowners and all tenants. All residential wells will be sampled from an exterior spigot that is not connected to a water treatment system (i.e. water softener). The names and addresses of the residents or a contact that is able to provide access to the residential wells will be provided to the contractor. If landowner refuses access to the property, the contractor shall document the name of the property owner, well number(s), date of the occurance, and report findings to the Government within 1 business day. A new well number may be issued to the Contractor for testing or the number of residential wells may be reduced if no other alternatives are available at the Government sees fit.

8 monitoring wells will be maintained specifically for this project. All wells are 2-inch stainless steel with locked protective casings. We can provide a key. All depth measurements are from top of 2-inch casing (not ground surface).

Well # Well Depth Water Level on

3/17/2011 1 70.3' 51.6' 2 127.5' 51.7' 3 192.3' 51.8' 4 54' 42.0' 5 approx. 50' N/A 6 49.1' 38.8' 7 39.9' 32.9' 8 54’ Not measured

4. COLLECTION OF AND NUMBER OF SAMPLES

Ground water and surface water samples will be collected by the contractor. Sampling is anticipated to begin in the Spring/Summer of 2016. Sampling is anticipated to consist of pre-project, project and post project sample rounds.

The anticipated sample collection schedule will be according to Tables 1 and 2.

The contractor will provide all suitable sample containers, equipment and technicians to collect the samples. In addition, sampling equipment shall be rinsed with distilled-deionized water before each new well is sampled.

Sampling will be accomplished following the attached sampling protocol. Any deviations from the protocol must be identified and approved in writing by the Contracting Officer.

All groundwater monitoring well samples will be collected according to the procedures in the attached monitoring well sampling protocol using positive displacement submersible bladder, (example: Grunfos or similar pump(s)).

These protocols were derived from the 1995 “Minnesota Pollution Control Agency Ground water Sampling Guidance: Development of Sampling Plans, Protocols and Reports”. These procedures include removing a minimum of 3 well volumes prior to sample collection. The pH, specific conductance, temperature, DO, and turbidity will be recorded for each well. Sampling will be conducted after 3 well volumes have been purged and the in situ parameters have stabilized according to the attached monitoring protocol. Purging and sampling rates shall not exceed 0.5 gallons per minute. Both filtered and unfiltered samples will be collected at each well during each sampling trip. The unfiltered (whole water) samples will be placed in cold storage until project completion or as directed by the Corps.

Analysis of the filtered samples will be conducted for the monitoring well samples. All filtrations will use positive pressure through a 0.45 micron filter. Unfiltered (whole) water samples will be placed in cold storage until project completion or until directed by the Corps.

Residential well samples will be collected according to the monitoring well sampling protocol with the following modifications.

a. Unfiltered (whole water) samples will be collected and analyzed.

b. Residential samples will be obtained from outdoor taps. Water shall be run long enough to ensure that “old” water residing in the system (pipes, well, storage tank) is completely purged prior to sampling. Stabilization of in situ parameters is required.

c. Pumping volumes and times for residential wells must be recorded.

d. Inspect taps to ensure there is no aerator attached.

e. Samples will be obtained directly from the tap or connected flow cell for residential wells. Care will be taken to collect samples with minimal disturbance to the sample (minimal turbulence and aeration, low discharge rate).

Following the first sampling trip the monitoring well depths will be measured and the integrity of the wells verified by an USACE geologist.

Depth to water level shall be measured at each monitoring well during each sampling trip. Water levels are not required for the residential wells. Water depth shall be measured accurately to the nearest 0.1 foot prior to purging the well according to the procedure outlined in the sampling protocol. The measurement shall be taken from the top of the 2-inch riser pipe to the water surface.

Surface water samples will be obtained from the Mississippi River just upstream of the dredging activity and the ponding area in the disposal area. The Mississippi River sample obtained upstream of the disposal site shall be representative of the water to be utilized as dredge material carriage water before mixing with the sediments and collected only during phase 2 of the project. Ponding area samples shall be obtained at the outlet weir when outflow is present. If there is no outflow from the ponding area a sample is not required. In situ measurements of DO, pH, specific conductance, and water temperature will be obtained during sample collection. Standard sampling and laboratory protocol is required for the surface water samples. Surface water samples will be analyzed as whole water samples (no filtration).

5. REQUIREMENTS – Parameters, Methods, and Detection Limits

The contractor will analyze each sample according to Tables 1 and 2 as soon as possible after collection and within the recommended holding times for the parameters analyzed. Methods listed in Table 1 will be used unless they are outdated. Alternative procedures must be identified, justified, and approved in writing by the Contracting Officer.

Sample analyses between the laboratories practical quantitation limit (PQL) but above the method detection limit (MDL) will be reported and qualified as “estimated”. All supporting QA/QC documentation shall be included with the test results. Detection limits listed in Table 2 shall be obtained. Specific description of the analytical methods used and the detection limits attained for each parameter shall be reported with the analytical results.

The Contractor shall provide chain of custody sheets to be filled out by the sample collection teams and laboratory personnel. At a minimum, the custody sheets shall indicate project name, sample location, field observations, type of sampler used, field id number, date and time of sample, sample depth, sampling team, lab number, date received by the lab, date analyzed by the lab, and the parameters to be analyzed with their measurement units.

6. QUALITY ASSURANCE/CONTROL PROTOCOL

General

Any laboratory performing analytical work must be state certified (Minnesota certification or reciprocity with the Minnesota certification program) for the parameters to be analyzed. Potential Contractors that would do any of the analytical work will be required to have a comprehensive quality assurance/quality control program, including documentation following the procedures of EPA (1979). Normal chain of custody and other quality control procedures will be followed by the Contractor. These procedures are outlined in the sampling protocol. The procedures will conduct standard quality control procedures and report all quality control measures with the analytical results. The Corps of Engineers requires that a single parameter or group of parameters for all of the samples will be analyzed by the Contractor in a single analytical session. The quality assurance program and any analysis associated with it are considered part of the normal procedures and is not an extra cost of the contract.

Project Specific – Sample Collection

The Contractor shall provide a quality assurance/quality control protocol for sample collection similar to that provided in the Sampling Protocol. It shall describe sampling procedures and sampling equipment including pumps, bailers, and sample containers. The protocol shall also describe well purging procedures which will be done for each sampling event. Specific procedures to be used for sampling the private wells shall also be described.

Project Specific – Analytical Work

The Contractor’s quality assurance plan must include, as a minimum, the following elements:

a. SAMPLE HANDLING, CUSTODY, PRESERVATION, AND HOLDING TME – The lab shall immediately notify the Government representative of any problems concerning the sample handling, preservation, or holding times for any of the samples received. The Government will then make a determination to continue/discontinue analysis of the parameter and sample in question. Any samples not previously arranged for in the schedule or by the Government representative shall be coordinated with the Government representative to determine a course of action.

b. CALIBRATION – USACE requires reported analytes to be bracketed by an established calibration curve. Any analytes reported below the established calibration curve and above the minimum detection limit listed in Table 2 is required to be flagged as estimated. To avoid qualifications based on this requirement, the laboratory shall be required to analyze an additional low level standard at or near the minimum required detection limit or project PQL. Low level calibration points above the minimum required detection limits listed in Table 2 must be approved in writing by the Contracting Officer. In addition, target analytes detected above the upper calibration standard shall be diluted and run again. If for some reason this is not possible the original value shall be reported as estimated. Problems concerning achieving the PQL shall be immediately reported to the Corps representative.

c. PRECISION – Replicate Samples – The Contractor shall conduct replicate analyses on each parameter for a minimum of 10% of the water samples analyzed. The contractor will compute the relative percent difference (RPD) using equation 1 and report it with the data. If sufficient replicates are taken from a particular matrix (minimum of 8) precision may be estimated as the relative standard deviation (RSD) or Coefficient of variation (CV). Samples selected for replicate analysis will be distributed equally among the different types of samples encountered.

Equation 1 RPD = [(|X1-X2|)/((X1+X2)/2)]*100

d. REAGENT OR METHOD BLANKS – The Contractor shall run a minimum of one reagent blank every time samples are analyzed. The reagent blank is to be interspersed with the regular samples; it is not to be analyzed separately. Data for each reagent blank will be reported along with other quality control data for any given analysis.

e. SPIKED SAMPLES – For each parameter possible, at least one sample will be spiked with a known concentration and analyzed during normal analytical procedure. Percent recovery will then be computed and reported with the rest of the data.

f. BLIND SAMPLES – The contractor may be required to analyze a blind sample for each parameter using normal analytical procedures and shall report the results for evaluation. Blind samples will constitute less than 10% of the total sample analysis.

g. UNINTERRUPTED PARAMETER ANALYSIS – The Corps requires that a single parameter or set of parameters for a group of samples be analyzed by the Contractor during the same analytical session. All analyses for parameters in samples, reagent blanks, and blind samples will be conducted during the same analytical session. To clarify: once the instrument or procedure is set and running for a given parameter or set of parameters, all samples and their associated controls will be run. The instrument or procedure will not be stopped, except for an emergency, until all analyses for that parameter are completed on all samples. If the analytical sequence is interrupted or delayed, upon resumption all blanks, spiked samples, and the remaining unknowns will be run.

h. SAMPLE STORAGE – The Contractor must state the maximum storage time that will occur between sample collection and analysis.

i. PERFORMANCE CRITERIA – The Corps expects the following performance for QA/QC.

Replicate samples using the relative percent difference (RPD)

Plus/minus 10% for values >5 X detection limit (DL)

Plus/Minus DL for values < 5 X DL

Method Blanks

The concentration of all target analytes in the blank shall be below the method detection limit (MDL) or less than 5% of the measured concentration in the sample. If the blank does not meet the acceptance criteria, the source of contamination shall be investigated and appropriate corrective action taken and documented.

Investigation includes an evaluation of the data to determine the effect and extent of the contamination on the sample results. Corrective actions may include reanalysis of the blank and/or repreparation of the blank and all associated samples at no expense to the Government. Sample results shall not be corrected for blank contamination.

Spiked Samples

Acceptable accuracy on spiked sample analyses is +/- 2 standard deviations of the mean value. If more than 5% of the spiked sample analyses exceed +/- 2 standard deviations of the mean value, the Corps may request that quality control be checked or may order another laboratory inspection. In addition, if spiked sample analyses exceed +/- 3 standard deviations, the data for the particular set of samples will be rejected by the Corps. The Contractor will be required to identify and correct the analytical problem and rerun the analysis, including sample digestion, at the Contractor’s expense. The Corps expects the coefficient of variation on replicate analyses to be less than 10% for most parameters.

Blind Samples

Blind sample results will be compared to the certified known value. If the contractor’s performance is unsatisfactory, the Corps will not accept the analytical data until the contractor demonstrates acceptable performance. Acceptable performance on blind samples follows the limits stated for drinking water analysis in the

SDWA.

The cost of these QA/QC procedures will be included in the per sample quoted price (the replicate, spike, and blank samples will not be a separate payment item).

7. PRODUCTS

Products include:

1) Plan for the sampling protocol, QA, and QC (submitted after award, at least 7 calendar days prior to sampling, and approved by USACE prior to sampling);

2) Results after each sampling trip completed in accordance with paragraph 8 below;

3) Final Report to include supporting QA/QC data:

Final Report Details:

The Contractor will provide a final written report (Sampling and Analysis report) including the analytical results, specific description of analytical methods, description of field and laboratory quality control and quality assurance measures, description of any unusual observations about the tests, and any other relevant information. The Contractor shall also provide the analytical results and notes on unusual observations using an EXCEL spreadsheet, delimited digital format, CSV, etc. The Contractor will highlight results in the report and spreadsheet that are detected above EPA drinking water standards. The written narrative of the report will summarize the project’s monitoring program (including maps and drawings of the sampling locations), review the analytical results for each sample location and discuss any data trends or results that are a probable consequence of the railroad ties or the pumping of dredge material. When possible, statistical analysis should be used to differentiate project influenced results versus background levels. In case additional analyses are requested, the Contractor shall retain any remaining samples until all products have been approved by the Corps.

Minimum data reporting elements include the following:

a. field sample identification number,

b. laboratory sample number,

c. date of sample(s) collection,

d. date of sample(s) extraction/digestion/analysis,

e. batch number(s),

f. dilution factors,

g. analysis parameter(s),

h. analytical method,

i. parameter value or result,

j. concentration units,

k. reporting and minimum detection limits,

l. all data qualifiers assigned and any special problems associated with an analysis,

m. sample description including preservation,

n. final chain of custody sheets,

o. and all supporting QA/QC data.**

** QA/QC data shall include calibration data including initial calibration curve data and continuing calibration verification data including standards and blanks and acceptance ranges. All method blanks, laboratory control samples, duplicates, spikes, and other method specific QC samples which may have been run, even on samples other than this project, which were run. Data must clearly indicate which batch data refers to it.

8. COMPLETION AND DELIVERY

The Contractor shall complete the analyses (using an EXCEL spreadsheet, delimited digital format, CSV, etc.) and send the results for each sampling trip to the Government Point of Contact within 20 business days after the samples are collected by the Contractor on-site. The results of in situ measurements made at the wells (pH, water temperature, water level, specific conductance) shall be provided to the Government Point of Contact within 2 business days of sample collection.

The final (Sampling and Analysis) report will be delivered to the Government Point of Contact within 50 calendar days after the final post project sample has been collected.

Attachments:

Table 1. Sampling Schedule Table 2. Water Analysis Figure 1. Project Location Figure 2. Location of Wells

NOTES TO OFFERORS

NOTES TO OFFEROR

PLEASE E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

This is a 100% Small Business Set-Aside solicitation. The Contractor’s quote shall contain sufficient information so that the U.S. Army Corps of Engineers (USACE) can determine that the vendor has a clear understanding of the requirements. The Contractor should be prepared to defend any discrepancies between the price quoted and a fair and reasonable estimate prepared by the Government.

All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

NOTE: All offerors shall submit state certification (Minnesota certification or any U.S. state having reciprocity with the Minnesota certification program) for each lab for the methods and corresponding detection limits for each constituent. State certification shall be supplied with the offeror’s quote.

It is preferred that the quote is e-mailed to:

Justin Rose, Contract Specialist, Justin.H.Rose@USACE.Army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: JUSTIN ROSE

180 5TH STREET EAST, SUITE 700

ST. PAUL, MN 55101-1678

NAICS CODE: 541380

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org

612-332-6332, mnptac@mnptac.org

PLEASE E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-10 Waste Reduction Program MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products…