W912P4-16-T-0033_Solicitation_Package_09AUG2016.pdf

The Government estimate magnitude price in accordance w ith FAR 36.201(a) is betw een $100,000 to $250,000.

-Work to be Performed: Remove and replace four f lights of half landing steel stairs iand tw o sets of straight stairs at Mount Morris Dam, Mount Morris, NY.

-Timeline: All w ork must be completed w ithin 180 days follow ing the initial aw ard of the contract.

-Liquidated Damages: $950.00 dollars for each calendar day of delay until the w ork is completed or accepted.

-Site Visit: There w ill be one(1) scheduled pre-bid site visit for prospective bidders. The date w ill be Tuesday, August 16th, 2016, 10:00 am.

The location of the visit w ill be the William B. Hoyt II Visitor Center, 6103 Visitor Center Road, Mount Morris, New York 14510. Prospective bidders are urged to attend to gain information that w ill be necessary in the preparation of bid submittals.

-Proposals: Should be e-mailed, mailed, delivered via courier, or faxed to Dorothy J. Jones, Contract Specialist, 1776 Niagara St., Buffalo, NY 14207, e-mail: dorothy.j.jones@usace.army.,mil; tele#716-879-4253, or faxed to: 716-879-4353 on 9 September 2016 by 3:00 P.M.

For additional information, please don't hesitate to phone Dorothy Jones at 716-879-4253, thank you.

DOROTHY J JONES 716-879-4253

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

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

NEGOTIATED

09-Aug-2016

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________10 Sep 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 716.879.4173 TEL: FAX:

W912P4-16-T-0033 11

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912P4-16-T-0033

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Steel Staircase Removal and Replacement

FFP

Remove and replace four flights of half landing steerl stairs in the North Kiosk.

Also remove and replace two sets of straight stairs in the Top Tunnels. SEE

STATEMENT OF WORK FOR MORE DETAILS.

FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 180 dys. ADC 1 MOUNT MORRIS DAM

STEVE WINSLOW

6103 VISITOR CENTER RD.

MOUNT MORRIS NY 14510-9506

585-658-4790 FOB: Destination

2YTH5M

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-12 Cleaning Up APR 1984 52.236-19 Organization and Direction of the Work APR 1984 52.236-27 Site Visit (Construction) FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUN 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238190.

(2) The small business size standard is $15,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xviii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .180 calendar days. * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $950.00 for each calendar day of delay until the work is completed or accepted.

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

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding The contract dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is $0. dollars.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

Federal Acquisition Regulation

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. Frank J. D’Andrea, Contracting Officer, United States Corps of Engineers, 1776 Niagara St., Buffalo, NY 14207

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://www.acquisition.gov/far/

U.S. Army Corps of Engineers® Buffalo District

Statement of Work Mount Morris Dam, Mount Morris, NY Steel Staircase Removal and Replacement

Customer:

Park Manager, Mount Morris Dam

Prepared By:

David Mastriano, PE, PMP New York/Pennsylvania Operations & Maintenance U.S. Army Corps of Engineers Buffalo District 1776 Niagara Street Buffalo, NY 14207

July 2016

1 General Description of Work

1.1 Base Bid Item(s)

1.1.1 Base Bid Item 1

1.1.2 Base Bid Item 2

2 Point of Contact 3 Pre-Bid Site Visit 4 Project/Contractual References 5 Detailed Description of Work

5.1 Detailed Description of Work – Base Bid Item(s)

5.1.1 Base Bid Item 1 – Remove and Replace Four Flights of Steel Stairs

5.1.2 Base Bid Item 2 – Remove and Replace Two Flights of Steel Staircases

6 Project Information

6.1 Basis for Award

6.1.1 Award Period for Options

6.2 Period of Performance

6.2.1 Pre-Construction Submittals

6.3 Pre-Construction Meeting

6.4 Work Schedule

6.5 Material/Equipment Information

6.6 Dimension/Quantity Verification

6.7 Material Storage

6.8 Site Cleanup

7 Quality Assurance (QA)

7.1 Overview

7.1.1 Government Contracting Office Representative (COR)

7.1.2 Government Quality Assurance Representative (QAR)

7.1.3 Government Inspections

8 Communication 9 Repair/Restoration of Government Property 10 Work Stoppage, Contract Cancellation Actions 11 Liquidated Damages 12 Completion 13 Payment 14 Security

14.1 Candidate Pre-Screening

14.2 Access and General Protection/Security Policy and Procedures

14.2.1 Candidate Pre-Screening

14.2.2 Background Investigation

14.2.3 Suspicious Activity Reporting Training

14.3 Start of Work

14.4 Arrival/Departure

14.5 Video/Camera Equipment

15 Safety

15.1 Publications

15.2 Questions

15.3 Site Safety and Health Officer

15.4 Accident Reporting

15.5 Accident Prevention Plan (APP)

15.5.1 Activity Hazard Analysis (AHA’s)

15.5.2 Fall Prevention Plan

15.6 First-Aid/CPR Requirements

15.7 Man-Hours

15.8 Equipment Operation

15.9 Lead Based Paint (LBP)

16 Submittals

16.1 Bid Submittals

16.2 Pre-Construction Submittals

16.3 Project Completion Submittals

1 General Description of Work The contractor shall perform the following work under this contract:

1.1 Base Bid Item(s)

1.1.1 Base Bid Item 1

Remove and replace four flights of half landing steel stairs in the North Kiosk, with an approximate total rise of 46 feet. Contractor shall design-build this staircase.

1.1.2 Base Bid Item 2

Remove and replace two sets of straight stairs in the Top Tunnels, each with an approximate rise of 12 feet.

Contractor shall design-build these staircases.

2 Point of Contact

For scheduling project site visits and/or questions regarding this Statement of Work:

U.S. Army Corps of Engineers, Buffalo District Attn: Contracting Officer 1776 Niagara Street Buffalo, New York 14207

Phone: 716-879-4126 Facsimile: 716-879-4353

3 Pre-Bid Site Visit There will be one (1) scheduled pre-bid site visit for prospective bidders. The date and time of the visit will be posted on FBO. The location of the visit will be William B. Hoyt II Visitor Center, 6103 Visitor Center Road, Mount Morris Dam, Mount Morris, New York 14510. Prospective bidders are urged to attend to gain information that will be necessary in the preparation of bid submittals. Due to maintenance, operation and security requirements, unscheduled visits will not be honored. Following a visit to the project site, a question and answer session will be held. During this session, prospective bidders are asked to direct all questions concerning the project to the Buffalo District Contracting Office (DCO).

4 Project/Contractual References

• EM 385-1-1, 30 Nov 2014, U.S. Army Safety and Health Requirements Manual

• Contract Specifications (Attachment)

5 Detailed Description of Work

5.1 Detailed Description of Work – Base Bid Item(s)

Location of staircases may be seen on an elevation drawing of the dam in Attachment #1. Along with this Statement of Work, the specifications in Attachment #11 apply to this work.

5.1.1 Base Bid Item 1 – Remove and Replace Four Flights of Steel Stairs The North Kiosk staircase consists of four flights of Lead Based Paint (LBP) steel staircases, as pictured in Attachment #2 and shown in as-built drawing in Attachment #4. Contractor shall base their bid on the expectation high LBP concentrations are present and a Lead Compliance Plan (LCP) will be required. Each flight with the exception of the uppermost flight is separated by a concrete landing that shall remain in place. The lowest three flights each have an approximate rise of 10 feet at an angle of approximately 43.6°. The highest flight has a rise of approximately 14 feet at an angle of approximately 43°. The lowest and highest flight are mounted to a continuous sloped concrete surface and the two middle flights are simply supported at each end. The total rise is approximately 46 feet. All stairs have an overall width of approximately 56”. Contractor shall remove all staircases and replace with Fiberglass Reinforced Plastic (FRP) stairs, designed by the contractor. All stairs shall be designed by a licensed Professional Engineer (PE). Submit to the government stamped drawings and calculations for all new staircases.

All existing steel handrail associated with steel staircases shall be removed, including at the top landings, and replaced with square tube railing matching the other yellow fiberglass railing installed within the dam. Include the installation of expanded aluminum screens and aluminum toe plates, similar to the other fiberglass stairs existing in the dam. Remove and replace any treadplate with 6061-T6 Aluminum floor plate. Include stainless steel sidewalk bolts for anchoring. Treadplate shall be field cut to size.

Refer to Specifications for further project requirements.

Furnish the government with two (2) spare parts of the following items: treads.

5.1.2 Base Bid Item 2 – Remove and Replace Two Flights of Steel Staircases One straight staircase coated with LBP at two locations shall be replaced, both on Level 6 leading to each the North and South Top Tunnels. Contractor shall base their bid on the expectation high LBP concentrations are present and a Lead Compliance Plan (LCP) will be required. The typical staircase pictured in Attachment #2.

Each staircase has a rise of approximately 11 ½ feet. The staircases are mounted on sloped concrete at an angle of approximately 45°. Each staircase has a tread length of approximately 36”. Contractor shall remove all staircases and replace with Fiberglass Reinforced Plastic (FRP) stairs, designed by the contractor. All stairs shall be designed by a licensed Professional Engineer (PE). Submit to the government stamped drawings and calculations for all new staircases.

All existing steel handrail associated with steel staircases shall be removed, including at the top landings, and replaced with square tube railing matching the other yellow fiberglass railing installed within the dam. Include the installation of expanded aluminum screens and aluminum toe plates, similar to the other fiberglass stairs existing in the dam. Remove and replace any treadplate with 6061-T6 Aluminum floor plate. Include stainless steel sidewalk bolts for anchoring. Treadplate shall be field cut to size.

Refer to Specifications for further project requirements.

Furnish the government with two (2) spare parts of the following items: treads.

6 Project Information

6.1 Basis for Award

The government shall award the contract to the offeror who provides the lowest priced offer. The evaluated price shall include the base work plus all option(s).

6.1.1 Award Period for Options

The government reserves the right to award any and/or all optional bid items within one-hundred eighty (180) days following the issuance of the Notice to Proceed (NTP).

6.2 Period of Performance

The project completion date is set at one-hundred eighty (180) days following the issuance of the NTP. In the event the contractor is unable to meet the project completion date, requests for extensions must be made in writing. The request must explain, in detail, why the original project completion date will not be met. The request shall be sent to the Contracting Office Representative (COR). The request shall be made as soon as possible, but not later than ten

(10) days prior to the original completion date. This request shall not negate penalties for liquidated damages unless an extension is granted by the DCO in writing.

6.2.1 Pre-Construction Submittals

All pre-construction submittals, as stated in Section 16.2 of this SOW and in the specifications, shall be provided to the government within fourteen (14) days following the issuance of the Notice to Proceed. The contractor shall allow up to fourteen (14) days from time of receipt for government review of submittals. Work may not begin until government approval of all submittals required in Section 16.2 of this Statement of Work.

6.3 Pre-Construction Meeting

Following the award of the contract and review and acceptance of the contractor’s pre-construction submittals, the prime contractor must attend a mandatory pre-work conference. The meeting shall be scheduled by the government, and conducted on-site, at the Mount Morris Dam, at a time and date to be announced following the award of the contract.

6.4 Work Schedule

All scheduled work is to be performed Monday through Friday 0800-1630 hours, excluding federal holidays. If the contractor desires to work beyond the previously stated hours and days, written permission to do so shall be obtained from the government. Schedule changes shall be requested at minimum 24 hours in advance, unless there is an emergency situation.

6.5 Material/Equipment Information

Contractor shall provide all labor, tools, ladders, scaffolding, equipment, supplies and materials needed to complete the work described herein, unless otherwise noted herein that any of these items will be provided by the government.

6.6 Dimension/Quantity Verification

Contractor shall independently measure and verify all dimensions and quantities given herein prior to ordering materials and supplies for the project. This information shall be provided to the government COR as part of the pre-work submittals.

6.7 Material Storage

If temporary storage of project material is requested, the contractor shall make a written request to the government’s COR and receive written approval from the government. If material is found to be hazardous, flammable, combustible, etc, the contractor will be required to provide the appropriate hazardous material storage locker. Storage locations will be discussed at the pre-bid site visit and during the pre-con meeting.

6.8 Site Cleanup

All excess, waste, and removed material related to this project shall become the contractor’s property and shall be promptly removed from the site and disposed of or reused/recycled in accordance with applicable local, state, and federal regulations. Documentation describing disposal of material shall be furnished to the government as part of the project closeout files. The contractor shall not dispose of any project generated waste in government receptacles or on government grounds.

7 Quality Assurance (QA)

7.1 Overview

7.1.1 Government Contracting Office Representative (COR)

The government has appointed a COR for this project. The COR shall ensure all questions of a technical nature concerning the contractual work are answered. The COR is the main point of contact for the prime contractor regarding contractual and technical issues.

7.1.2 Government Quality Assurance Representative (QAR)

The government will appoint a QAR person to ensure all field work is accomplished in accordance with contractual documents. The QAR for this contract will be identified after the contract is awarded. The QAR does not have the authority to modify contractual agreements.

7.1.3 Government Inspections

Contractor shall allow inspection by the government COR, PM, QAR, DCO personnel, and District Safety and Health personnel, at any time during the life cycle of the project. The contractor shall provide safe access for government personnel visiting the project.

8 Communication

During the execution of the contract, the COR shall receive weekly status reports from the contractor on issues such as milestones met and/or missed, and issues standing in the way of project completion. The DCO shall be the communication hub for the government COR, QAR, PM, and the contractor regarding clarification of contractual issues. By adhering to the established lines of communication, it will reduce or avoid generation of duplicate requests for information, which may inadvertently result the government or the contractor to the acceptance of contractual changes without official approval by the DCO.

9 Repair/Restoration of Government Property Contractor, at no expense to the government, is required to protect all government facilities, grounds, equipment, sidewalks, and pavement during construction. All government structures, grounds, and equipment disturbed by contractor during the performance of work shall be returned to a pre-work condition prior to request of final payment.

Damages to government property that were caused by contractor and/or sub-contractor will be repaired at no expense to the government by the prime contractor.

10 Work Stoppage, Contract Cancellation Actions The Mount Morris Dam Park Manager, COR, PM, or QAR may issue temporary “Stop Work” notification if they find activities or job site conditions are in violation of Federal, Department of Defense, State or local health, safety and/or environmental standards, laws and regulations. The District Safety Officer (DSO), the DCO, and the PM shall be contacted immediately after a Stop Work notification order is issued or rescinded. Violation of health, safety or environmental regulations committed by the contractor shall not be grounds for compensation by the government to the contractor. Refer to contractual documents provided by the District Contracting Office regarding additional work stoppage and/or contract cancellation actions.

11 Liquidated Damages Liquidated damages of $950 per calendar day will be assessed if the work is not completed within the time period described in Section 6.2 of this Statement of Work. Liquidated damages shall be assessed beginning the day following the end of the initial period.

12 Completion The contract will not be deemed fulfilled until all submittals, products, services, equipment, material, installation, construction work, cleanup, and final inspection is provided by the contractor under the terms of the contractual documents and found satisfactory to the DCO.

13 Payment The project will be paid for on a lump sum basis, the price for which includes all labor, materials, equipment, mobilization/demobilization, disposal, and other costs required to complete the work. Partial payment(s) may be made; this will be discussed at the pre-construction meeting.

14 Security

14.1 Candidate Pre-Screening

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

14.2 Access and General Protection/Security Policy and Procedures All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures, which will be provided by a government representative. The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by the Army Corps of Engineers (USACE) Buffalo District Emergency Management Office. Contractor workforce must comply with all personal identity verification requirements as directed by the Department of Defense (DOD), Headquarters Department of the Army (HQDA) and/or USACE Buffalo District policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the government may require changes in contractor security matters or processes.

http://www.uscis.gov/e-verify

14.2.1 Candidate Pre-Screening

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

14.2.2 Background Investigation

For all prime and subcontractor employees working at Mount Morris Dam, the following Personally Identifiable Information (PII) shall be provided for the US Army Corps of Engineers to perform a limited background check:

Complete name, social security number, driver’s license number, date of birth, place of birth, and current address of residence. This information is mandatory before any workers will be allowed to enter the facility. The contractor shall allow up to twenty-one (21) days from time of receipt for government completion of background checks. Work may not begin until government clearance of employees is given to the prime contractor.

14.2.3 Suspicious Activity Reporting Training

The contractor and all associated sub-contractors shall receive a brief/training provided by the COR on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the PM no later than five calendar days after the completion of the training.

14.3 Start of Work

Contractor shall notify the COR of their planned arrival at the project to start work at least seven (7) calendar days in advance. Contractor shall submit a weekly work schedule thereafter by no later than the Friday before the coming work week.

14.4 Arrival/Departure

Contractor is required to notify the government QAR or Park Manager of their arrival to and departure from the project site. A similar notification is required if there shall be any deviation or cancellation of a scheduled work day during the life of the project.

14.5 Video/Camera Equipment

Contractor shall not transport or use video or camera equipment while working at Mount Morris Dam unless permission to do so is requested through the Park Manager and approval is granted by the Buffalo District Security Officer.

15 Safety

15.1 Publications

Contractor shall follow all applicable safety requirements detailed in the USACE Safety & Health Requirements Manual EM 385-1-1 (30 Nov 2014), available on-line at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf The project shall not proceed until all safety submittals required under this contract have been reviewed and accepted by the government.

15.2 Questions

Questions regarding Safety and Health requirements for the project shall be addressed to the COR. The contractor shall permit safety inspections by any government personnel of all work being performed.

15.3 Site Safety and Health Officer

The contractor shall appoint a Site Safety and Health Officer (SSHO) who shall be responsible for enforcement and compliance with all health and safety requirements for the project. The SSHO shall at a minimum, must have completed the 30-hour OSHA Construction Safety Class as well as five (5) years of construction industry safety experience or three (3) years if he/she possesses a Certified Safety Professional (CSP) or safety and health degree. See http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

USACE EM 385-1-1 Section 01.A.17 for more information. For this project, it is acceptable to the government for one person to share QC and SSHO duties.

15.4 Accident Reporting

All contractor accidents, involving injuries or property damage, occurring during the execution of this contract shall be reported to USACE within 4 hours of the contractor becoming aware of its occurrence. Notification will include contractor name; contract title; type of contract; name of activity, installation or location where accident occurred;

date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). The USACE initial contact must be made personally (telephone or email messages only are not acceptable) to one of the following:

In Person Contact: Park Manager, Mount Morris Dam Via Telephone Contact: COR and QA Representative Identified after contract award Via Telephone Contact: District Safety Officer 716-879-4212 Via Telephone Contact: Contracting Officer Frank D’Andrea 716-879-4245

15.5 Accident Prevention Plan (APP)

Work shall not begin until the Accident Prevention Plan (APP) has been submitted to, and accepted by, the USACE Buffalo District Safety Office (DSO). In the APP, the contractor shall avoid providing material of a general nature not specifically related to this project or site. Previous versions of existing off-the-shelf APP are not acceptable. The APP shall be prepared using the attached Specifications Section 01 35 26 Governmental Safety Requirements, and following the format found in U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual ER 385-1-1, Appendix A. The APP Checklist (see attached) shall be filled out completely and attached to the APP as an appendix. The following documents shall be considered in the preparation of the APP:

• USACE EM 385-1-1 Safety and Health Requirements Manual

• Government Safety Requirements Section 01 35 26 (Attached Specifications)

• 29 CFR 1926 OSHA Safety and Health Regulations for Construction

• 29 CFR 1910 OSHA General Industry Safety and Health Standards

15.5.1 Activity Hazard Analysis (AHA’s)

Work cannot begin until after government acceptance of…