Solicitation_W912HZ-17-T-0006.pdf

SEE ADDENDUM

(No Collect Calls)

W912HZ-17-T-0006 15-Mar-2017

b. TELEPHONE NUMBER

601-634-2702

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 31 Mar 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912HZ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ADRIENNE Y BINGHAM

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG MS 39180-6199

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:

NAICS:

324122

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 OF62

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.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Based Statement of Work For

Roof Repair Services

Blanket Purchase Agreements (BPA)

Directorate of Public Works Engineer Research and Development Center

US Army Corps of Engineers

Section C

1.0 Introduction

The U.S. Army Engineer Research and Development Center (ERDC) is one of the most diverse engineering and scientific research organizations in the world. ERDC conducts research and development in support of the Soldier, military installations, and the Corps of Engineers' civil works mission, as well as for other federal agencies, state and municipal authorities, and with U.S. industries through innovative work agreements. ERDC has a staff of approximately 2,500 federal employees and contractors, and an annual research program exceeding $1.6 billion in FY11. ERDC has unique world-class equipment and facilities, ranging from the world’s fastest supercomputers to one-of-a-kind physical models. ERDC hosts one of six Department of Defense High Performance Computing Centers. The center’s supercomputers are some of the most powerful and fastest in the world. Other unique and world-class facilities include the world’s most powerful centrifuge, blast effects facilities, physical models of river and coastal projects, endangered species laboratories, heavy vehicle simulators, hazardous waste research laboratories, frost and ice engineering facilities, an earthquake simulator, and an 1,800-foot coastal research pier.

The ERDC Directorate of Public Works (DPW) is responsible for providing direct support to each of the ERDC laboratories in the form of engineering services, model fabrication and construction, and production of custom built research components and equipment. The DPW is also responsible for the overall ERDC facilities and provides master planning, minor construction and operation and maintenance services.

1.1 Purpose and Scope.

This performance based statement of work (PBSOW) sets forth the requirements for the contractor to provide roof repair services at the ERDC, Vicksburg, MS. Campus. The Vicksburg Campus is located at 3909 Halls Ferry Road, in Vicksburg, Mississippi, approximately two miles south of Interstate 20 and consists of approximately 80 Buildings, 5 trailers and 6 residential quarters situated on approximately 800 acres.

The contractor shall provide all management, quality control, labor, supervision, materials, tools, equipment, supplies, and transportation to perform in accordance with this statement of work unless otherwise specified herein.

1.2 Past Performance.

In order for the government to make a determination as to whether an offeror is capable of performing the services described herein, the offeror must submit a record of past performance. The past performance submission should be relevant (similar services to those that are outlined herein) and recent (preferably within the last three years). Note that an offeror need not have experience in each and every service area to be eligible for an award.

1.3 System for Award Management (SAM).

Though you, the offeror (business or individual) need not be registered in SAM to submit a proposal, you must be registered to be eligible for a contract award and to do business with the Federal Government. Before you register you must first create a user account. SAM is located at https://www.sam.gov.

2.0 Roof Types.

The predominate roof types on the various buildings and structures include:

Asphalt Shingle Metal – Standard Ribbed Sheets and Standing Seam Sheets

EPDM

Modified Rolled Roofing Built-up – Fiberglass Membrane w/Asphalt, Ballasted w/Aggregate

2.1 Roof Repair Services.

These services include but are not limited to: the diagnosis of leaks and the repair of roof systems to eliminate the leaks; minor repair of roof systems due to storm damage, age, or other factors; debris removal and cleaning of roof systems; cleaning, repair and maintenance of gutters and other roof drainage systems; repair and maintenance of flashing, application of caulking, reseal seams and other waterproofing methods; repair and refurbish roof systems with waterproofing application.

2.2 Clean-up.

The Contractor shall maintain areas around the work site in a clean and orderly fashion and free of trash and debris.

All material removed by the Contractor, excess material, residues, containers, etc., shall be disposed of off-site; Any spills shall be reported and cleaned up in accordance with EPA regulations. The Contractor shall comply with all applicable laws and regulations that pertain to or govern any aspect of material disposal.

2.3 Services Hours.

All contractor services shall be performed between the hours of 7:00 AM and 5:00 PM Monday through Friday, excluding federal holidays unless approved by the COR.

3.0 Request for Quotes (RFQ)

For orders estimated to be less than or equal to $2500, the Department of Public Works (DPW) will provide a BPA contractor a work statement along with a RFQ. Should the actual quote exceed $2500, then the following process shall be used. For orders estimated (or an actual quote) to be greater than $2500, the DPW will provide a work statement to ERDC Contracting which will in turn be provided to all of the BPA holders with a RFQ. Prior to submission of RFQs, site visits may be requested by the contractor or the DPW. The contractor’s quote shall also include a proposed schedule to start and complete the work.

4.0 Safety

The Contractor shall comply with US Army Corps of Engineers EM 385-1-1 Safety and Health Requirements Manual. This manual is distributed in electronic format on the internet at the HQUSACE Publication Library website located at www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/. The Contractor shall strictly comply with this manual as it relates to activities under this contract and also routinely discuss applicable provisions of this manual with all employees. The Contractor shall handle and store all toxic and or combustible supplies, materials, waste and trash in a manner that prevents fire hazards and risk to persons, facilities, and materials.

5.0 Environment

The Contractor shall be solely responsible for and comply with all applicable federal, state, and local laws, and with the regulations and standards as requested by the CO.

6.0 Licenses and Permits

The Contractor shall meet all licensing and qualification requirements of the State of Mississippi. The Contractor shall be responsible for obtaining all required permits for performance of work, in compliance with all applicable federal, state and local laws and in accordance with Contract requirements.

7.0 Security Requirements.

7.1 Access and General Protection/Security Policy and Procedures:

The contractor and all associated subcontractors’ employees shall comply with applicable ERDC installation, access and local security policies and procedures. Policies and procedures will be provided by the ERDC Security Office.

The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and local policies. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

7.2 Suitability Investigation Requirements.

Contractor and employees of the contractor are required to be citizens of the United States and must maintain such status during the duration of this contract. Each of the Contractor’s employees is required to submit investigative paperwork for a National Agency Check with Written Inquiries (NACI) for a Suitability Investigation. The contractor shall ensure that each contractor employee coordinates with the Government Security Office and submits appropriate investigative forms and the required information for the Suitability Investigation prior to beginning work.

7.3 Onsite-Access.

The Government has the right to restrict on-site access to any contractor personnel who is identified as a potential threat to the health, safety, security, or operational mission of the Corps of Engineers.

Section F - Deliveries or Performance

QASP

Quality Assurance Surveillance Plan (QASP)

Roof Repair Services BPA Directorate of Public Works

1.0 Purpose. This QASP is a Government developed plan designed to ensure that the Contractor performs in accordance with the Performance Based Statement of Work (PBSOW) and that Government receives quality services and pays only for services actually delivered. This QASP provides a systematic surveillance method for monitoring the contractor’s performance and describes the processes and methodologies employed. The principal focus of the surveillance system is the performance of the contractor in the key areas identified in the

(PBSOW).

The Contractor, and not the Government, is responsible for management and quality control plans and procedures necessary to achieve quality in the delivery of services. The QASP is not intended to duplicate the Contractor’s quality control procedures. The Government reserves the right to make unilateral changes to the QASP anytime during the contract period. The levels of surveillance may be altered based upon the Contractor’s performance level.

2.0 Scope. The role of Government Quality Assurance is to ensure contract standards are achieved. The QASP provides guidelines and methods for the Government’s oversight of the Contractor’s quality control efforts to assure timely, effective services are provided IAW the contract/order.

3.1 Roles and Responsibility

3.2 Contracting Officer (KO) - A person duly appointed with the authority to enter into, administer and terminate contracts on behalf of the Government. The KO is the only person who can legally commit the Government and only the KO, as the Government’s agent, can modify the contract/order. The KO is the final authority for determining the adequacy of the Contractor’s performance. KO decisions arising under or relating to the contact are final.

3.3 Contracting Officer’s Representative (COR) – An individual designated in writing by the KO to perform specific technical and administrative functions within the scope and limitations of their written appointment (e.g., surveillance of Contractor’s performance, accept services). The COR is not empowered to make any contractual commitments or authorize any changes to the order/contract or in any way obligate additional funds by the Government; such authority rests solely with the KO.

3.4 Contracting Officer’s Technical Representative (COTR) – An individual designated by the requiring activity to assist the COR and provide technical oversight of the Contractor’s performance. The COTR’s primary duty is to monitor the Contractor’s performance by physically checking to see that tasks are completed, reports are submitted, and desired outcomes are achieved. When a surveillance observation results in an unacceptable evaluation, the COTR will report the unacceptable performance to the COR. The COTR is not authorized to direct work, offer advice on how the work should be performed, change the contract, or in any way obligate payment of funds by the Government.

4.1 Performance Metrics

4.2 Performance Metrics. The following metrics will be employed to monitor and report the contractor’s performance on this contract.

Requirement Performance Objectives

Performance Threshold

PBSOW Method of Surveillance

Performance Standard

Successful completion of Roof Repair services

Leak Diagnosis and Repair; Drainage Systems Repair and Maintenance;

Waterproofing; Refurbishment completed IAW industry practices and BPA call specifications

C.2.1 Random Inspection

95% IAW

industry practices and BPA call specifications

Timely Completion of Work

Work completed in accordance with schedule

C.3.0 Random Inspection

95% IAW

schedule

Work area Clean-up

Work area is kept clean during performance and at completion IAW

PWS

C.2.2 Random Inspections

99% IAW

PWS

Injury Free Work Performance

Work is completed IAW Health and Safety Requirements

C.4.0 Random Inspections

99% IAW

PWS

Customer Satisfaction

Customer Satisfaction Survey Random sampling and Customer complaints

95% Complaint Resolution

Security Requirements

Performance in accordance with PWS Security Requirements

C.7.0 Random Inspection

90%

5.0 Contracting Officer Representative/Contracting Officer Technical Representative): COR/COTR are representatives of the CO and will participate in the administration of this contract except where exemptions have been approved by the CO. Subsequent to award, the Contractor will be provided with a letter identifying COR/COTR and setting forth their duties and authorities.

6.0 Discrepancy Notification: COR or COTR will inform the Contractor PM (or authorized representative) in person when discrepancies occur and will request corrective action. COR or COTR will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and will request the Contractor PM (or authorized representative) to initial the entry on the checklist.

7.0 Methods of Surveillance. Surveillance is performed by the Government to provide objective quality evidence that there is a reasonable level of confidence that the services provided by the Contractor have met all the requirements of the contract before authorizing payment. The primary methods of surveillance are periodic inspections and customer feedback.

Periodic Inspection: Inspections will be performed as documented in 4.0 Performance Metrics. Periodic inspections will be performed regularly, and at times randomly, during all hours of the Contractor’s operation.

Periodic inspections may be performed more frequently if the COR/COTR discovers the quality of the Contractor’s performance is less than acceptable.

Customer Feedback: Customer feedback is firsthand information from the actual users or beneficiaries of the service and is typically obtained via telephone or email. Customer complaints obtained via telephone must be followed up in writing/email. The customer complaint must clearly articulate the nature of the complaint, time, date, etc. The COR/COTR will validate the complaint within 24 hours of receipt, complete the validation section on DA Form 5477-R, Customer Complaint Record, and forward a copy to the KO for resolution with the Contractor. The KO will return a copy of the completed and signed DA Form 5477-R to the COR for inclusion in the contract/order file. If the COR/COTR determines a complaint is invalid, rationale will be cited in the validation section and retained for future reference.

Customer feedback will be used to supplement other forms of performance evaluation, but will not be a primary method of evaluating the Contractor’s performance.

8.0 Surveillance Procedures

a. The method of surveillance is outlined in 4.0 Performance Metrics. The COR and COTR will conduct surveillance activities based on the criteria outlined in the Performance Metrics, as applicable, as well as any other critical contractual requirements the COR determines to be higher risk requiring oversight. The surveillance outlined in the monthly schedule will be as detailed and in-depth as necessary to provide the Government with the objective quality evidence required to support acceptance of a monthly contract invoice.

The schedule should provide periodic surveillance during all required hours of the Contractor’s operation including nights and weekends. The schedule is “FOR OFFICIAL USE ONLY” and is not releasable to anyone other than authorized Government personnel. The schedule will identify the date of inspection, activity to be monitored, and who will conduct the surveillance (dates and times can be altered without a formal change to the schedule as long as all inspections are performed). The DA Form 5475-R, COR/COTR Surveillance Schedule, may be used for this purpose.

b. The COR/COTR will monitor performance in accordance with the schedule and will ensure all services required by the order/contract are successfully performed. All inspections will be documented and include as a minimum date and time, who performed the inspection, what was inspected, to what standard and the results.

Successful or exceptional performance will be documented as well as deficiencies in Contractor performance.

Documentation will be maintained for future reference, audit, and proof of inspection. Any uncorrected unacceptable observation will result in an unacceptable rating, a corrective action request to the Contractor and notification to the KO.

c. The COR will notify the Contractor, in person, each time an unacceptable observation has been recorded and ask the Contractor to correct the problem. The COR/COTR will record the contract requirement , the specific deficiency to the requirement, the date and time it was discovered, and have the Contractor initial the entry. The Contractor will be given two working days after notification to correct the deficiency in accordance with requirements of the contract. Deficiencies that cannot be corrected within two working days will be reported to the Contracting Officer.

d. The COR will report more serious (systemic in nature) deficiencies or recurring deficiencies in the same area that could indicate a trend by using DA Form 5479-R, Contract Discrepancy Report (CDR). The CDR will state the Contract Requirement, the specific contract reference and the specific nonconformance to the requirement.

The COR will forward copies of CDRs to the KO within one working day. The KO will notify the Contractor and request corrective action. The KO may require the Contractor to re-perform any services that do not meet contract requirements at no additional cost to the Government. The Contractor will return a copy of the completed and signed CDR to the KO for inclusion in the contract/order file.

e. The COR/COTR will re-inspect services that were found deficient to ensure corrections were made within the timeframe outlined in the contract or other agreed upon time. The COR/COTR will not consider the services complete until all deficiencies have been corrected. Contractor’s failure to complete corrective actions will be reported immediately to the KO for further action.

f. The COR/COTR will accept the services provided and authorize payment, on a monthly basis. This is done by approving the Contractor’s invoice in the appropriate financial system.

g. The COR/COTR will submit a brief quarterly activity report to the KO which will include the next quarterly surveillance schedule, summary of inspections performed and results, summary of customer feedback, summary of contract discrepancies and corrections, recommendations, invoices accepted and any other pertinent activities.

9.0 Performance Standard. The performance standard, as set forth in the PBSOW, is the standard the Contractor must meet for a particular Performance Objective to be deemed acceptable. The maximum degree of deviation from the requirement is the percent defective or the maximum number of defects per month that can be reached without the performance being considered overall unsatisfactory for a particular Performance Objective.

Exceeding the number of defects or percent will cause the service to be deemed unsatisfactory.

10.0 Quality Assurance Surveillance File. The COR/COTR file shall contain:

W912HZ-17-T-0006

a) Copy of the COR appointment letter from the KO, any changes to that letter, and any termination letters; b) Training Certifications for COR; c) Copy of the contract and all contract modifications; d) Copy of the applicable Quality Assurance Surveillance Plan (QASP); e) Copy of the contractor’s Quality Control Plan (QCP); f) All correspondence initiated by authorized representatives (Contractor or Government) concerning performance of the contract; g) Names, position titles and contact information of all key personnel assigned to this contract both Government and Contractor; h) Monthly surveillance schedules & Surveillance Checklists; i) Records of all inspections performed and the results; j) Customer Feedback; k) Memoranda for record of minutes of any meeting, telephone conversations and discussions with the contractor or others pertaining to the contract or contract performance; l) Documentation pertaining to acceptance of services, reports or data.

11.0 Records: All records will be retained for the life of this contract. The COR/COTR will forward these records to the KO upon completion of the contract/order.

12.0 Changes: The QASP may be changed as needed. However, the KO must approve changes.

The COR will submit recommended changes to the KO for approval.

Section G - Contract Administration Data

ADMINISTRATIVE INFORMATION

The U.S. Army Corps of Engineers, Engineer Research and Development Center (ERDC) Directorate of Public Works (DPW), Vicksburg, MS, requires commercial sources for the performance of facility roof repair services in order to accomplish their mission in supporting the ERDC Laboratories. ERDC intends to establish three (3) to five

(5) Master Blanket Purchase Agreements (BPA’s) in order to facilitate the procurement of these services. A BPA is a simplified method of filling anticipated repetitive needs for services by establishing “charge accounts” with qualified sources of supply. Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements (BPAs), the Contractor agrees to the identified terms and conditions for a BPA to provide the required services exclusively with the U.S. Army Corps of Engineers, Engineer Research and Development Center (ERDC).

Performance for required services shall be ERDC Vicksburg, 3909 Hall Ferry Road, Vicksburg, MS 39180.

The Master Blanket Purchase Agreement (BPA) does not obligate any funds. The government shall be obligated only to the extent of authorized purchases actually made via a properly executed BPA Call.

The Government estimates, but does not guarantee, that the total volume of purchases through this agreement will be $396,000.00. Individual service requirements shall not exceed the simplified acquisition threshold which is currently $150,000.00. There shall be no guaranteed minimum or maximum order limits established and no guaranteed dollar amount of expenditures with the vendor.

Actual requests will be made via properly executed BPA Call’s. These calls will be initiated at the time the services are needed by an authorized representative of the Contracting Office or by a warranted Contracting Officer.

All BPA Calls shall be supported by an invoice that must contain the following information at a minimum:

1) Name of contractor.

2) BPA number

3) Date

4) BPA Call number and/or PR&C number

5) Itemized list of services provided

6) Quantity, unit price, and extension of each item; less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

7) Date of performance

Invoices will be submitted and processed for each BPA Call.

Department of Labor Wage Determination WD 2015-5173, Revision 4, dated 3 January 2017 is applicable to this BPA at time of award.

The Master BPA shall be reviewed annually before the anniversary of the effective date and revised as necessary to conform to regulatory or statutory requirements.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222- 38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs–VOW to Hire Heros Act http://benefits.va.gov/vow/ Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation–Hiring Our Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf (End of special contract requirement)

CLAUSES INCORPORATED BY FULL TEXT

LOCAL CLAUSE 52.000-4014 MINIMUM REQUIRED INSURANCE

a. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Contractor shall comply with all applicable workmen's compensation Statutes of the State of Mississippi, and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

b. GENERAL LIABILITY INSURANCE. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy and property damage insurance of $20,000 per occurrence on the comprehensive form of policy.

c. AUTOMOBILE LIABILITY INSURANCE. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. This insurance shall be on the comprehensive form of policy and shall cover the operation of all automobiles used in the performance of the contract.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-1 Payments APR 1984 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-13 Accident Prevention NOV 1991 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.244-6 Subcontracts for Commercial Items JAN 2017 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

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

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection…