MATOC Amendment #2.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsites.html (End of provision)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SCOPE OF WORK

PROJECT DESCRIPTION/SCOPE OF WORK

General Requirements

1. This is a Corps of Engineers, Buffalo District contract for the entire Buffalo District which includes the Black Rock Lock and Mt. Morris Dam, and may be used for other work within the New York/Pennsylvania and Ohio Operations & Maintenance Offices area of responsibility (AOR). All task orders shall be issued by the Buffalo District Office. The Buffalo District AOR includes all areas between Massena, NY and Toledo, OH along Lake Ontario and Lake Erie.

2. The Scope of this project is defined as providing construction activities as described herein and as detailed by the technical specifications of each Task Order. Each Task Order will have the required specification for that Task Order. Typical efforts include, but are not limited to these areas: maintenance, repair, rehabilitation, energy conservation, environmental compliance, logistics, operations, marine construction, building construction, heavy highway construction, building rehab, stone work, bank stabilization work, marine strike and debris removal. The contractor will be required to perform all facets of the work if required such as surveying the problem, refining scopes, proposing options, recommending a solution, and correcting the problem in a timely manner. The contractor shall maintain the capability to provide quick response for this work. Work requirements will vary from site to site.

The Government will provide a scope of work to the contractor detailing the task to be accomplished. The detail provided will vary from performance specifications to complete design documents, depending on the complexity of the project. The Contractor will be required to use the information provided by the Government and submit a complete proposal regardless of how much information is provided by the Government. The proposal shall include a complete breakdown of all plant, labor, equipment, and materials as well as sketches when applicable to clearly show what work is included with the proposal.

a. Objective. The work shall be of high quality, contracted at a reasonable price, and performed on schedule and within budget. The ability to: survey and identify deficiencies, plan and document the work required to correct deficiencies, provide incidental engineering services, estimate the cost of the work, obtain subcontracts or perform the work with the contractor’s own work forces, and manage the construction effort while insuring quality and safety are paramount to the success of this contract. It is not critical that the contractor be prepared to execute all the work under this contract with its own workforce; however the contractor will be responsible for the outcome of any subcontractors who will perform such work. The contractor will manage the work throughout the Buffalo District in a cost effective and quality manner while meeting project schedules. If the contractor fails to provide a quality product at a reasonable price and on schedule, the contractor may not receive additional task orders under this contract over the minimum dollar amount specified by the contract.

b. Typical Work Requirements. In order to meet the objectives of this contract, the contractor must provide expertise in certain areas in order to accomplish the required work. Disciplines and related work requirements may include, but are not limited to:

(1) Architectural. Enclosures, shelters, building systems, mobile buildings, chimneys, grout, mortar, concrete, brick, concrete masonry units (CMUs), waterproofing, insulation, caulking and sealants, roofing, gutters, drains, metal decking, joists, siding and exterior surfacing, levelers, docks, ramps, stairs, shelving, windows, doors, painting, finishes, louvers, awnings, shutters, panels, grills, ceilings, acoustical areas, walls, paneling, flooring (conductive and nonconductive), carpeting, tiles, builder’s hardware, signage, metals, woods and plastics, millwork, thermal and moisture protection, fireproofing, equipment systemization layouts, building fixtures and furnishings, and handicap systemization.

(2) Civil. Topographic surveying, grading and earthwork, surface and subsurface storm drainage and drainage control structures, storm water management, erosion and sediment control, clearing and grubbing, paving and surfacing for roads, parking areas and sidewalks, parking layout, pavement markings, traffic control and signage, gates and fencing, curbs and gutters, dewatering, landscaping, seeding and sodding, riprap, geotechnical investigations, slope stabilization, foundations, borings, trenching, piles and caissons, spill containment, berms, demolition, wetlands delineation and storm/surface ground water management.

(3) Cost. Life cycle costing, benefit-cost analyses, economic analysis, and cost estimating services.

(4) Electrical. Electrical distribution and network balancing, transmission lines, poles (telephone and power), ducts, raceways, conduits, tubing, connectors, wires, cable, cable trays, outlet boxes, cabinets and enclosures, supports, fiber optics cable and equipment, manholes, concrete pads, insulators, lightning arrestors, transformers, capacitors, switches, relays, fuses, grounding, lightning protection, cathodic protection, service entrances, panel boards, circuit breakers, motor control centers, special equipment/systems, targeting systems, resistance heating, starters, uninterrupted power supplies (UPS), beacons, batteries, generators, solar systems, receptacles, lighting fixtures, lamps, ballasts, equipment connections, special outlets, disconnect switches, splices, terminations, control systems, security systems, IDS, utilities monitoring and control systems (UMCS), and similar micro processor environmental control systems, audio and visual communication systems, telephone systems, instrumentation systems, and fire detection and alarm systems.

(5) Mechanical. Heating, ventilation and air-conditioning (HVAC) systems and components, chillers, refrigerants, cooling towers, air handling equipment, energy conservation, heat transfer surfaces, furnaces, air distribution, valves, pumps and associated piping and ducts, conveying systems, elevators, hoists and cranes, lifts, boilers, material handling systems, dryers, steam lines, transient tubes, shredders, plumbing fixtures, special equipment/systems, , storage tanks for fuel, gas, water, and sewage, piping systems, fire suppression (water, chemical, and gas), compressed air production and distribution systems, exhaust systems, steam systems, pipe insulation, and plumbing systems involving water, solids, and hazardous waste.

(6) Safety. Life safety, fire protection systems, industrial hygiene, inflammatory gases, medical safety and hygiene, asbestos and/or lead based paint evaluation and removal/encapsulation, failure mode and effective analyses (FMEA), Occupational Safety and Hazards Act (OSHA) and American Disability Act (ADA) evaluations.

(7) Structural. Structural design and analysis of building systems and ancillary structures (concrete, masonry, steel, etc.), foundations, underwater structures, sheetpile, reinforced concrete, equipment mounting, shock isolation reinforced masonry, wood, steel joists, steel decks, structural steel frame systems, steel bracing, seismic design and evaluations, steel connections, non-building structures, welding procedures, detailing of structural components and hardened (protective) structures. Non-building structures such as elevated tanks, vertical tanks on ground, horizontal tanks, retaining walls and buried structures. Anchorage and support of mechanical and electrical equipment. Applications of industry building codes and standards.

(8) Systems. Quality control, operations and maintenance (O&M) manuals and procedures both preventative and breakdown, training, human factors engineering, upgrade assessments, equipment inventories and O&M documentation to obtain support, energy system surveys, O&M training efforts to support the MRR, System/equipment and life safety repair and maintenance efforts for existing systems/equipment, logistical support, accreditation surveys.

(9) Marine. Strike removal, minor dredging, breakwater construction or repair, pier construction or repair, towing.

(10) Other Requirements. Demolition and/or temporary removal and reinstallation of supporting elements in the project related areas may be required. Surveys and assessments of systems/equipment may be required prior to MRR action. On-site inspection and acceptance services may be required. Ancillary work necessary to support the MRR action project or to restore the work area to the condition prior to the MRR action project may be included.

3. Definitions. The following is a list of typical work requirements that may be performed under this contract. This list is not all inclusive and each Task Order will list the work requirements to be performed by the Contractor.

a. Submittals: Documents required to be submitted by the contractor to support or record the actions being taken under the task order requirements. Each task order will specify what submittals are required. Examples are: site investigation/survey reports, work plans, site safety and health plan, quality control program, environmental protection program, work schedules, as-built/progress and final drawings, equipment warranties, O&M manuals, correspondence records.

b. Task Order (TO): Directive issued to the contractor that delineates the requirements for work to be performed. The tasks are the individual efforts to be performed by the contractor and are contained in the task order. The detail provided within each TO will vary from performance specifications to complete design documents, depending on the complexity of the project.

c. Quality Assurance (QA): The procedure by which the Government fulfills its responsibility to be certain that the contractor’s quality control is functioning and the specified service is realized.

d. Contractor Quality Control (CQC): The contractor’s system to manage, control, and document its activities to comply with the contract requirements.

f. Request for Proposal (RFP): An invitation for providers of a product or service to bid on the right to supply that product or service to the individual or entity that issued the RFP.

4. Work to be Performed.

a. General. The contractor shall, commencing upon issuance of a task order, furnish all labor, materials, equipment, transportation, and supervision to safely and efficiently perform the required work in accordance with the Task Order (T.O.) Drawings and Specifications. All tasks to be completed under this contract shall be performed in accordance with applicable provision of the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and the Architectural and Engineering Instructions (AEI) Design Criteria, unless other criteria are provided by the Contracting Officer.

Unless otherwise specified, references in this specification or on the Task Order drawings to other specifications, codes, standards or manuals, which are a part of this Specification, but not included herein, shall be the latest edition of these publications, including any amendments and revisions, in effect as of the date of this Specification. In general all work shall be in compliance with the applicable sections of 29 CFR 1910-General Industry Safety Standards and the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1-1 (current version) and any other applicable local, state, and federal safety regulations.

b. Contractor’s Representative. The contractor shall execute all work under the direction of a Project Manager who is acceptable to the Contracting Officer. The Project Manager shall have adequate experience to oversee task accomplishment, administer all instructions, and answer all questions from the Contracting Officer or his/her designated representative pertaining to the specific requirements of each task order. Additionally, the Project Manager shall be responsible for complete coordination of all work under the task order. All work shall be accomplished with adequate internal controls and review procedures which will eliminate conflicts, errors, and omissions and ensure the technical adequacy of all output. The Project Manager will be identified, in writing, to the Contracting Officer, prior to Commencement of work under each task order. The contractor shall submit the qualifications of the Project Manager to the Contracting Officer for approval. Should there be a need to change Project Managers during task order performance, the contractor will notify the Contracting Officer in writing.

c. Overall Responsibility. The contractor will be responsible for all site surveys, site investigations, site visits, feasibility studies, calculations, equipment startup and testing and/or repair, warranty, and training required to implement the task order requirements, including, but not limited to, equipment, materials, software, applicable engineering documentation, and other necessary services and/or products required to correct, implement, test and to provide a complete and fully operational facility, unless otherwise indicated in the task order or as directed by the Contracting Officer. The responsibility of the Contractor will be detailed in each individual Task Order that is issued.

The contractor's responsibility shall include all contractor planning, programming, administration, and management necessary to provide all tasks ( i.e. maintenance, repair, and/or construction and related services) as specified. The work shall be conducted by the Contractor in strict accordance with the contract and all applicable Federal, State, local laws, regulations, codes, or directives. The Contractor shall provide related services such as but not limited to preparing and submitting required reports, performing administrative work, and submitting necessary information as specified under this contract and within each task order. The contractor shall insure that all work provided meets or exceeds the scope of work for each task order, and any special specifications included with the individual task order or included in any applicable documents.

When work is in areas suspected of containing asbestos or lead-based paint, the contractor shall notify the Contracting Officer IMMEDIATELY. If asbestos and/or lead-based paint are encountered during the course of a project, work shall cease IMMEDIATELY and the Contracting Officer shall be notified. The Contractor shall not publicly disclose any data generated or reviewed under this contract. The contractor shall refer all requests for information concerning site conditions to the Contracting Officer for comment.

If the contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the Government representative(s) may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damage sustained by the Contractor. Also, the contractor will not be paid for work not performed as a result of the stop order.

Materials and equipment shall be erected or installed only by qualified personnel who are regularly engaged in the trades required to complete the work. The contract drawings show the general arrangement and space allocation of the equipment specified. It shall be the Contractor's responsibility to verify changes in conditions or rearrangements necessary because of substitutions for specified materials or equipment. Where rearrangements are necessary the Contractor shall, before construction or installation, prepare and submit drawings of the proposed rearrangement for approval. It is the Contractor's responsibility to field verify all measurements on the contract drawings.

Where new work and existing facilities are shown on the Drawings, but are not located precisely by dimensions, the Contractor shall be responsible for proper location and clearances and for correcting discrepancies and interfaces in the work which are a result of the Contractor's operations. Work done by one trade that must be integrated with work of other trades shall be laid out with due regard to the work done, or to be done, by other trades; particularly if the work done by one trade depends upon completion or proper installation of work done by other trades. The Contractor shall cooperate in coordinating Contractor work with work being done by others, if the work done by others must be integrated with the Contractor's work.

d. Professional Certification. Registered professional engineers, architects, and industrial hygienists shall certify with their signature and stamp all task order efforts involving life safety and/or fire protection situations as well as certifying proper usage of codes and standards.

e. Permits: The contractor is responsible for identifying and obtaining all permits from Federal, state, local or installation agencies. The Contractor shall, at his own expense, obtain any licenses or permits required to perform the Task Order. The contractor shall be responsible to ensure that his employees strictly comply with all Federal, State and municipal laws that may apply to operations under the contract and it is understood and agreed that the Contractor assumes full responsibility for the safety of his employees.

f. Labor Requirements: The contractor must possess or have access to a variety of skills in order to perform certain task order efforts. Representative vocations and related knowledge include, but are not limited to:

(1) Safety Engineer, Project Superintendent, Quality Control Manager, Health Officer, and Contract Administrator: Experience in related projects.

(2) Architectural, Engineering, Training and Engineering Support Professionals: Experience in design, design review and engineering service. May include architects, senior engineers (except safety), training specialists, and technical writers.

(3) Project Engineer/Architect: Requires a recognized 4/5 year degree in engineering or architecture or a Professional Engineer registration. Experience in engineering, design in MRR projects.

(4) Program and Project Managers: Should have a recognized four year college degree in engineering or related technical field or business/management.

(5) Technical Personnel: Experience in the specific technical skills needed to accomplish specific task order requirements. Examples of vocations may be: light truck drivers, unskilled laborers, equipment operators, heavy truck drivers, painters, secretaries, word processors, shipping/receiving clerks, and carpenters. Other vocations that required specific certifications to practice their trade and be conversant with various codes and standards may include: electricians, electronics instrumentation, fire alarm, air conditioning mechanics, sheet metal workers, plumbers, pipe fitters, welders, masons, and documentation preparation clerks.

g. Documentation. The contractor shall implement, maintain, and control a system for identification, preparation, reproduction, distribution, and maintenance of all documentation, dates and information necessary for its internal management as well as Government management of the individual projects and the total program.

5. Submittals: Each Task Order will specify what submittals are required. The Contractor should anticipate that, as a minimum, the following submittals will be required with each individual Task Order:

a. Schedule for Construction Contracts. The Contractor shall complete all work and services under this contract in accordance with schedules established in each task order. The Contractor shall provide schedules for construction activities as required in each task order. The required schedule may be may be a bar chart. The schedule shall be submitted and approved prior to the start of on site work. All information indicated for each activity, including but not limited to: identification and description, duration, value, and source of work. Activities may be added, rearranged, or replaced with more detailed activities if desired, but no activities may be deleted. The Contractor must include the Accident Prevention Plan, the Contractor Quality Control Plan, the Environmental Protection Plan, the Temporary Facilities Layout Plan, Approved Utility Outages, Road Closures, As-built Drawings, and other submissions required by the contract, and allow time for Contracting Officer approval. The purpose of the schedule is to assure the Contracting Officer that the Contractor has adequately planned the execution of the project to evaluate progress during the Contract period, and to provide the basis for determining amounts of progress payments and to determine any adjustments to task order time, if required.

b. Quality Control Program. The contractor shall prepare for approval a Contractor Quality Control Plan and conduct CQC activities using a Quality Control System (QCS) as required by each Task Order. The contractor shall use a Quality Control System (QCS) for all work over $50,000 . All materials and equipment furnished and installed by the Contractor shall be new. All materials, equipment, and installations shall be accessible for inspection and approval by the Contracting Officer during any phase of construction, fabrication, manufacture, and erection or testing.

The contractor shall be responsible for preparing and implementing an effective quality control program. The quality control program shall use the 3-phase inspection process described in each Task Order. Each task order shall have a designated individual responsible for quality control and have direct responsibility for the overall quality control program. The program must be approved by the Contracting Officer prior to commencement of any work. One copy of the Contractor's Quality Control Program shall be provided to the Government Representative/ Inspector at least thirty (30) days prior to start of work.

c. Safety and Health Program. The Contractor shall prepare an Accident Prevention Plan to assure that requirements of the Safety Program are provided as required by each Task Order. The Contracting Officer must approve this plan prior to commencement of any work. One copy of the Contractor’s Safety plan shall be provided to the Government’s Representative/Inspector at least thirty (30) days prior to start of work.

The contractor shall be responsible for preparing and implementing an effective safety and health program. Each task order shall have a designated individual responsible for site safety and have direct responsibility for the overall safety and health program which addresses the specific work and associated hazards expected to be encountered at each location.

d. Environmental Protection Program. The Contractor shall prepare an Environmental Protection Plan to assure that requirements of the Environmental Program are provided as required by each Task Order . The Contracting Officer must approve this plan prior to commencement of any work. One copy of the Contractor’s Safety plan shall be provided to the Government’s Representative/Inspector at least thirty (30) days prior to start of work.

The Contractor shall comply with Federal, State, and Local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the Government's Representative/Inspector. Any of the facilities operated by the Contractor may be inspected by the Government Representative/Inspector, or other Federal, State, and Local officials on a non-notice basis. Access for inspection shall be granted upon request. Citations against Government facilities for noncompliance with environmental standards are a matter for resolution between the Government and the issuing office. The Government will pay fines or penalty charges associated with citations issued by Federal, State or Local officials. If the citations are issued due to fault or negligence of the Contractor, the Government Representative/Inspector will deduct the fine from any monies due to the Contractor, or shall otherwise hold the contractor liable for such cost.

(1) Environmental Litigation: If the performance of all or any part of the work is suspended, delayed or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part or acts or omissions of the contractor or a subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of the contract under the terms of the SUSPENSION OF WORK clause of this contract. The period of such suspension, delay, or interruption shall be considered unreasonable, and adjustment shall be made for any increase in the cost of performance of the contract (excluding profit) as provided in that clause, subject to all the provisions thereof.

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

e. Shop drawings and Vendor Data: Copies of shop drawings and/or vendor's data, as required by each Task Order. Technical Specifications and Submittal Register (Eng FORM 4288) for materials and equipment to be furnished by the Contractor shall be submitted by the Contractor for approval by the Contracting Officer. Submittal requirements shall include but are not limited to:

(1) As-Built Drawings: The Contractor shall maintain a current, complete set of drawings. Three copies of as-built drawings (prints) or one drawing set with one electronic media shall be submitted to the Contracting Officer before final acceptance.

(2) Manufacturer's Operation and Maintenance Manuals: The Contractor shall furnish copies of installation, operation, and maintenance manuals, for operating equipment and systems, as required by the Technical Specifications and the Submittal Register (Eng FORM 4288) as required by each Task Order. Manuals shall be complete and shall include instruction and sufficient data for lubricating, start-up sequence, operating instructions, special test procedures or instructions recommended by the manufacturer, maintenance procedures, a complete parts list and recommended list of spare parts for electrically operated equipment.

(3) Material Safety Data Sheets: The Contractor shall submit to the Contracting Officer for approval prior to start of work on each task order, material safety data sheets for all substances indicated by either the Manufacturer, the State of California, or other state in which the work is to be performed, as hazardous or determined to be hazardous to health or the environment.

6. Existing Materials, Equipment, and Structures. Existing materials, equipment and structures, including paint and protective coatings, involved under these Task Orders shall be thoroughly inspected by the Contractor before starting any work. Any defects or damages, the repair of which are not covered under this Task Order Specifications or Drawings, shall be reported in writing to the Contracting Officer by the Contractor.

7. Government Furnished Materials (GFM). GFM will be identified in each Task Order. Except as specifically identified, the Government will not furnish material, labor, or equipment to the contractor, nor is the contractor entitled to the use of government facilities and equipment in the execution of the task orders.

8. Hazardous Chemicals and Substances. The Contractor shall comply with all applicable requirements of 29 CFR 1910.1200, Hazard Communication Standard. Material Safety Data Sheets as required by this standard shall be submitted for information (see paragraph SUBMITTALS) as part of the contractor's safety program. Should the contractor encounter hazardous substances in the execution of the task order that were not identified, it shall immediately notify the Contracting Officer.

9. Material and Equipment. As required by Contract Clause "Materials and Workmanship" and the specific technical portions of the task order, all material and equipment shall be new and of type most suitable to the required installation. Materials shall be delivered to the site in manufacturer's sealed containers as appropriate. Any damaged materials shall be repaired or replaced by the contractor at no cost to the Government.

10. Availability and Use of Utility Services (APR 1984). The Government shall make all reasonably required amounts of utilities available to the Contractor from existing outlets and supplies, as specified in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed shall be charged to, or paid by, the Contractor at prevailing rates charged to the Government, or where the utility is produced by the Government, at reasonable rates determined by the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

The Contractor, at its expense and in a workman-like manner satisfactory to the Contracting Officer, shall install and maintain all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor shall remove all temporary connections, distribution lines, meters, and associated paraphernalia. (FAR 52.236-14)

11. Inclement Weather and Holiday Work. The Contractor shall maintain the schedule of construction regardless of inclement weather. Exceptions can be approved by the Government Representative/Inspector, when severe conditions make it impractical or dangerous to perform the work. The Contractor will be notified, by modification to the Task Order, of the Government Representative/Inspector determination to extend the performance period due to inclement weather.

12. Required Insurance. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

a. Workmen’s Compensation. Workmen's Compensation and Occupational Disease Coverage as legally required by the State wherein the work is being performed.

b. Comprehensive Automobile Liability Insurance. Bodily injury coverage with minimum limits of $200,000 per person and $500,000 per occurrence and $100,000 per occurrence for property damage shall be required.

c. Comprehensive General Liability Insurance. Bodily injury coverage with minimum limits of $500,000 per occurrence shall be required. Proper damage coverage with a minimum limit of $100,000 per occurrence shall be required.

d. Insurance Certification. Prior to commencement of work under this contract, the Contractor shall furnish a Certificate of Insurance to the Contracting Officer for approval. The Certificate of Insurance shall contain an endorsement to the effect that any cancellation or material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

13. Approved Sources. Individual Task Orders may require the Contractor to supply certain materials that must come from Government-approved sources. The Government will clearly identify which materials must come from an approved source on each Task Order and will supply a list of previously approved sources whenever possible. The Contractor may propose to use a source for these materials that the Government has not approved previously. If it is in the best interest of the Government, the Government may approve any source proposed by the Contractor. The Government may waive this requirement on certain Task Orders, but reserves the right to enforce the requirements for approved sources on subsequent Task Orders.

14. Payment. The Contractor shall be paid at the prices awarded on each Task Order for all work to include modifications and equitable adjustments. For equipment to be utilized under this contract, the Contractor’s prices will be determined in accordance with paragraph entitled "Equipment Ownership and Operating Schedule".

15. Wage Rates. In accordance with Contract Clauses, “Davis Bacon Act” and “Service Contract Act’”, Department of Labor Wage Rate Determinations will be provided for each Task Order with the request for proposal, for the appropriate areas in which the work will be performed.

16. Performance Evaluation. The Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government.

The format for the evaluation will be SF Form 1420, and the Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element of in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining Contractor Responsibility, in compliance with DFARS 36.201(c) (1).

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation (ER) 415-1-17, to fulfill this FAR requirement. For Construction contracts awarded at or above $100,000.00, USACE will evaluate the Contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of thirty (30) days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $100 - $200 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. The Contractor shall participate in the performance evaluation process using the CCASS system and PKI certification. No separate payment will be made to the Contractor for obtaining the PKI certification or using the CCASS system.

17. Equipment Ownership and Operating Expense Schedule. For this contract, this clause applies to equipment that will be required on individual Task Orders. Allowable cost for construction plant and equipment in sound workable condition, owned or controlled and furnished by a Contractor or subcontractor at any tier, shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, equipment, "Construction Equipment Ownership and Operating Expense Schedule," Region I and Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retrospective pricing, the schedule in effect at the time the work was performed shall apply.

Equipment rental costs are allowable, subject to the provisions of FAR 31.105 (d) (ii) and FAR 31.205-36, substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase, or sale-leaseback arrangements will be determined using this schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees are allowable.

When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents, and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement, the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete, and current.

18. Security. Special Institution security requirements for Federal Bureau of Prisons facilities will be provided with each Task Order for the appropriate facility.

TASK ORDER REQUIREMENTS

TABLE OF CONTENTS

SPECIAL TASK ORDER REQUIREMENTS – BLACK ROCK LOCK SEWER AND WATER LINE

CLAUSE NUMBER

CLAUSE TITLE

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

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE

SCHEDULE (MAR 1995) – EFAR

52.236-4

PHYSICAL DATA (APR 1984)

252.236-7001

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

252.236-7004

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(DEC 1991)

LOCAL CLAUSES:

DESCRIPTION OF WORK

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

LAYOUT OF WORK (1965 APR OCE)

CERTIFICATES OF COMPLIANCE

DAMAGE TO WORK

MARKING OF EQUIPMENT

PLAN OF OPERATION

RESTORATION

UNAVAILIBILITY OF UTILITY SERVICES

WAGE DETERMINATION

ESTIMATED PRICE

PERFORMANCE AND PAYMENT BONDS

PRE-BID CONFERENCE

SPECIAL TASK ORDER REQUIREMENTS

52.211-12

LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract the Contractor shall pay liquidated damages to the Government in the amount of $550.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

52.231-5000

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995) - EFAR

(a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor’s accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor’s accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, “Construction Equipment Ownership and Operating Expense Schedule,” Region II. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements will be determined using the schedule except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, “Contract Pricing Proposal Cover Sheet.”

(End of Clause)

52.236-4

PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of, or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and soundings. The physical conditions on the drawings are indicative of those that prevailed at the time of site investigations and may be different than those at the time of construction operations. Significant variations that would require changes to the plans and specifications shall be reported to the Contracting Officer immediately.

(b) Weather Conditions. See clause entitled “TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER” of this Section. The Contractor shall investigate and satisfy himself as to all hazards likely to arise from weather conditions during the performance of the work. Climatological data may be obtained from the Department of Commerce, National Oceanic & Atmospheric Administration, National Weather Service for the Buffalo, New York Station located at the Buffalo-Niagara International Airport.

(c) Project Condition Soundings. Government Project Condition Soundings drawings for the slip area with the Governments property limits are included in the list of attachments.

(d) Lake Levels. The Contractor is expected to acquaint himself with possible sudden changes in lake levels which may interfere with the required work. Data and forecasts are available through the publication, "Monthly Bulletin of Lake Levels" by the Department of the Army, Detroit District, Corps of Engineers, ATTN: CELRE-EP-HW, P.O. Box 1027, Detroit, MI 48231-1027.

(e) Local Conditions. Up-to-date Federal and City regulations governing the use, navigation of the Black Rock Lock / Canal and Niagara River are published in the latest issue of the “United States Coast Pilot 6”, 38th Edition 2008, by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration. Traffic during the navigation season consists of small craft, tugs, motor vessels, barges and other classes of vessels. The Contractor, in planning the schedule of operations, must take into account vessels using the harbor area. The “United States Coast Pilot 6” may be obtained from the Director, Charting and Geodetic Services (N/CG 223), National Ocean Service NOAA, Rockville, MD 20852-3806. To obtain the document electronically, visit http://www.nauticalcharts.noaa.gov/nsd/coastpilot6.htm.

(End of Clause)

252.236-7001

CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from drawings or specifications or the misdescription of details of work that area manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the correct drawings identified on the following index of drawings:

CONTRACT DRAWINGS:

Title

File

Drawing No.

Cover Sheet

1/6

LRB-BRL109-G-001

General Notes/Index

2/6

LRB-BRL109-G-002

General Plan

3/6

LRB-BRL109-C-101

Site Plan

4/6

LRB-BRL109-C-102

Section and Details

5/6

LRB-BRL109-C-303

Sections

6/6

LRB-BRL109-C-304

(End of Clause)

252.236-7004

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will not pay costs for the mobilization and demobilization of all of the Contractor’s plant and equipment. This shall be included in the contract lump sum price.

(End of clause)

LOCAL CLAUSES:

DESCRIPTION OF WORK

The Contractor shall perform work as noted below to replace the existing potable water service and sanitary sewer force main that service the Black Rock Lock Control House, the installation of a potable water backflow prevention (BFP), and required water and/or sewer piping modifications to complete the works. The work limits will be confined to the west side of Building No. 1 and the Black Rock Lock Control House, located on the USACE Reservation located at 1776 Niagara Street, Buffalo, NY

The Contractor shall provide all labor, materials, supplies, tools, etc, unless otherwise noted, necessary to complete the work specified. The specific requirements of this contract include:

General Construction

· Saw-cut and remove existing asphalt pavement as required.

· Provide sheeting, shoring and bracing, as required to protect the excavation and existing infrastructure. Should sheeting be proposed, the design submittal shall be prepared and stamped by a licensed professional engineer registered in the State of New York.

· Removal and reinstallation of existing guide rail along the slip wall, if necessary.

· Provide temporary fencing to restrict access to the staging area and at all excavations and slip wall.

· Placement of select granular backfill in all excavated areas. The backfill material shall be NYSDOT Subbase Course, Type 2, or approved equal. Granular backfill material shall be compacted in accordance with NYSDOT Standard Specifications and to 98% compaction, as determined by Modified Proctor analysis.

· Installation of asphalt pavement, as required. Contractor is to assume that the existing pavement section is to be matched in-kind, and that this section consists of 3” Type 2A dense binder and 1” Type 7 top course.

· General site restoration of any damage caused as a result of the work or negligence on the part of the Contractor.

· Installation of a new 30A GFCI breaker in the existing panel box located on the exterior of the garage on the west side of Building No. 1. This new circuit is required to provide electric power to the heat trace system being installed on the new water and sewer pipes that are to be installed on the land side of the slip. All work shall be in accordance with current UL and NEC standards.

Potable Water Service

· Provision and installation of a 1-inch Watts Model 909QT BFP device in the…