W912P421T0007_MMD Signal Booster Installation.pdf

MMD CELLULAR SIGNED BOOSTER:

-PROPOSAL DUE BY: June 11, 2021 @ 1400 hours (2:00 pm) (ET) -WORK TO BE PERFORMED: Cellular Signal Booster at Mount Morris Dam, Mount Morris, NY.

-DESCRIPTION OF WORK REQUIRED: See Statement of Work.

-TIMELINE: All w ork must be completed w ithin 90 days follow ing the notice to proceed.

-SITE VISIT: There w ill be one (1) scheduled pre-bid site visit for prospective bidders. The location of the visit w ill be at the William B. Hoyt II Visitor Center, 6103 Visitor Center Road, Mount Morris, New York 14510. Prospective bidders are urged to gain information that w ill be necessary in the preparation of bid submittals.

The date and time are Wednesday, 05/26/2021@11:00 AM - 12:00 PM..

-AWARD: The Government must aw ard the contract to the offeror w ho provides the low es priced technically acceptable offer.

-PROPOSALS: Should be e-mailed to Dorothy J. Jones, Contract Specialist, dorothy.j.jones@usace.army.mil or Frank J. D'Andrea@frank.j.dandrea@usace.army.mil.

-NAICS: 238210-Size Standard: $16,500,000.00 -This is a 100% Small Business Set Aside POC: Dorothy J. Jones, 716-879-4253.

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

11-May-2021

(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 ________90 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Jun 2021 (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 of fers 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

02:00 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:

W912P421T0007 13

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

W912P421T0007

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization/Demobilization

FFP

Include all costs for mobilization to and demobilization from the project site.

Obtain written authorization from the cellular carriers AT&T and Version Wireless. (See attached Statement of Work) FOB: Destination

PSC CD: 5970

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Antenna and Signal Booster Installation

FFP

Install an outdoor directional antenna on the exterior of the visitor center building, which is only accessible by ladder, on a pole if necessary, aimed at the nearest cell tower. (See attache Statement of Work Document) FOB: Destination

PSC CD: 5970

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 days from NTP N/A Mount Morris Dam N/A

0002 90 days from NTP N/A Mount Morris Dam N/A

Section 00 70 00 - Conditions of the Contract

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 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-6 Construction Wage Rate Requirements AUG 2018 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 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 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-28 Preparation of Proposals--Construction OCT 1997 52.244-6 Subcontracts for Commercial Items NOV 2020 52.252-4 Alterations in Contract APR 1984 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(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 90 days from the issuance of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (FEB 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2020).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

https://www.acquisition.gov/far

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Priced contract resulting from this solicitation.

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 Frank J. D’Andrea, U.S. Army Corps of Engineers, CELRB, 1776 Niagara Street, 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits is schedule for:

5/26/2021 from 1100 to 1200 pm (ET)

Location:

Mount Morris Dam William B. Hoyt II Visitor Center

6103 Visitor Center Road Mount Morris, NY 14510

(c) Prior to the site visit, all prospective contractors are required to submit the names of those attending to:

Frank J. D’Andrea (frank.j.d’andrea@usace.army.mil) and Dorothy Jones (dorothy.j.jones@usace.army.mil)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

N/A

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

U.S. Army Corps of Engineers® Buffalo District

Statement of Work Mount Morris Dam, Mount Morris, NY

MMD Cellular Signal Booster

Customer:

Manager, Mount Morris Dam

Prepared By:

Mary Samoei, NY/PA O&M U.S. Army Corps of Engineers Buffalo District 1776 Niagara Street Buffalo, NY 14207

March 2021

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

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

4.1.1 Base Bid Item 1 Mobilization and Demobilization

4.1.2 Base Bid Item 2 Install a Signal Booster

5 Project Information

5.1 Basis for Award

5.2 Period of Performance

5.2.1 Pre-Construction Submittals

5.3 Pre-Construction Meeting

5.4 Work Schedule

5.5 Material/Equipment Information

5.6 Dimension/Quantity Verification

5.7 Material Storage

5.8 Site Cleanup

6 Quality Assurance (QA)

6.1 Overview

6.1.1 Government Project Manager (PM)

6.1.2 Government Quality Assurance (QA)

6.1.3 Government Inspections

6.1.4 Product Data Sheets

6.2 Contractor Quality Control (CQC)

6.2.1 Quality Control Program (QCP)

7 Communication 8 Repair/Restoration of Government Property 9 Work Stoppage, Contract Cancellation Actions 10 Material Change Orders 11 Liquidated Damages 12 Inspection/Testing

12.1 Pre-Final/Final Inspection

13 Completion 14 Payment 15 Warranty

15.1 Warranty Period

15.2 Repairs

16 Safety 17 Security

17.1 Access and General Protection/Security Policy and Procedures

17.1.1 Candidate Pre-Screening

17.1.2 Background Investigation

17.1.3 Suspicious Activity Reporting Training

17.2 Start of Work

17.3 Arrival/Departure

17.4 Video/Camera Equipment

18 Submittals

18.1 Bid Submittals

18.2 Pre-Construction Submittals

18.3 Project Completion Submittals

Attachment #1 – Bid Schedule Attachment #2 – Directions to Mount Morris Dam Attachment #3 – Visitor Center and Maintenance Garage

Attachment #4 – Government Safety Requirements Attachment #5 – Accident Prevention Plan (APP) Checklist Attachment #6 – Activity Hazard Analysis (AHA) Attachment #7 – Accident Investigation Form ENG 3394 Attachment #8 – USACE Buffalo District Monthly Man Hour Exposure Report

1 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

2 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 BETA.SAM.GOV. The location of the visit will 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 will be necessary in the preparation of bid submittals. Due to maintenance, operation and security requirements, unscheduled visits may not be honored. Following the 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).

3 Project/Contractual References

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

• FCC 13-21, Federal Communications Commission

• National Fire Protection Association (NFPA)

• National Electric Code (NEC)

4 Detailed Description of Work

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

The Mount Morris Dam Recreation area is in a rural area surrounded by hills and trees that might be interfering with the cell phone signal connection. Work under this Statement of Work must consist of installing and configuring an outdoor antenna to capture the existing outdoor signal, an amplifier, and indoor antennas to rebroadcast the amplified signal to Visitor Center Building 304 and Maintenance Garage Building 303 building as shown in attachment #3. The system must be designed to operate on the major US cellular networks to include Verizon Wireless and AT&T cellular networks.

The contractor is strongly urged to attend the pre-bid site visit to better assemble a more accurate bid. Although fair cell phone voice and data signals are attainable at the outside location where the outdoor antenna is specified to be installed, the government will not list signal strengths per carriers and it is strongly recommended the contractor verify signal strengths at the pre-bid site visit. No exceptions will be granted to contractors who bid on the project without fully understanding the outdoor/indoor RF qualities of the site.

Per Federal Communications Commission (FCC) Report and Order FCC 13-21, the contractor may be required to obtain a license from the FCC and authorization from cellular carriers. Prior to work beginning, obtain a written authorization from both AT&T and Verizon Wireless for permissions to re-broadcast licensed frequencies on all applicable bands utilized in the region.

4.1.1 Base Bid Item 1 Mobilization and Demobilization

Include all costs for mobilization to and demobilization from the project site.

Obtain written authorization from the cellular carriers AT&T and Version Wireless.

4.1.2 Base Bid Item 2 Install Antenna and Signal Booster System

Install an outdoor directional antenna on the exterior of the visitor center building, which is only accessible by ladder, on a pole if necessary, aimed at the nearest cell tower. The exact location of the antenna with the strongest signal will be determined by the contractor. Wrap waterproof tape around the connectors between the outdoor antenna and cables, or otherwise weatherproof the connections to avoid water or other types of damage. Submit fall protection plan as part of pre-construction submittals.

Install lightning surge protector at the antenna to protect the installed equipment.

Install the amplifier, power supply, indoor antennas and all the necessary cabling in visitor center (building 304) and maintenance garage (building 303) as shown in attachment #3. Run the cables through the existing conduit between visitor center and the maintenance garage buildings.

Install a system which gives a minimum -85 dB signal strength throughout the administrative building, visitor center, and maintenance shop. Install the system and place antennas at spacing to meet this requirement. A walkthrough inspection must be completed in each building to confirm these minimum requirements. The system must have capabilities to boost 5G, 4G LTE, and 3G service for voice, text, and data.

All work must be done to meet industry standards and following manufacturers installation requirements.

5 Project Information

5.1 Basis for Award

The Government must award the contract to the offeror who provides the lowest priced technically acceptable offer.

The evaluated price must include the base work. In order to be considered technically acceptable, the contractor must:

• Have a minimum of five (5) years' experience work on projects of a similar type as work as required in this SOW. The contractor must supply the names, locations, and client contact information for two (2) projects of similar size and scope that have been accomplished within the previous five (5) years as part of the bid submittals.

5.2 Period of Performance

The project completion date is set at ninety (90) calendar days following the Notice to Proceed (NTP) for the awarded contract. 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 must be sent to the DCO along with an informational copy to the Project Manager (PM). The request must be made as soon as possible, but not later than ten (10) calendar days prior to the original completion date. This request must not negate penalties for liquidated damages unless an extension is granted by the DCO in writing.

5.2.1 Pre-Construction Submittals

All pre-construction submittals, as stated in Section 18.2 of this SOW, must be provided to the Government within fourteen (14) calendar days following the NTP of the contract. The contractor must allow up to twenty-one

(21) calendar days from time of receipt for Government review of submittals. Work may not begin until Government approval of all submittals required in Section 18.2 of this Statement of Work. Submittals must include ENG FORM 4025.

5.2.1.1 Project Timeline

As part of the pre-construction submittals, the contractor must supply a timeline or schedule for accomplishing the work showing the following minimum milestones and completion dates: submittal completion date, start date, 100% completion date.

5.3 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 must 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.

5.4 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 must be obtained from the Government. Schedule changes must be requested at minimum 24 hours in advance, unless there is an emergency situation.

5.5 Material/Equipment Information

Contractor must provide all labor, tools, ladders, scaffolding, equipment, supplies and materials needed to complete the work described herein.

5.6 Dimension/Quantity Verification

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

5.7 Material Storage

If temporary storage of project material is requested, the contractor must make a written request to the Government’s QA person 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. See Section 16 of this SOW for further information.

5.8 Site Cleanup

All excess, waste, and removed material related to this project must become the contractor’s property and must 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 must be furnished to the Government as part of the project closeout files. The contractor must not dispose of any project generated waste in Government receptacles or on Government grounds.

6 Quality Assurance (QA)

6.1 Overview

6.1.1 Government Project Manager (PM)

The Government has appointed a Project Manager (PM) for this project. The PM must ensure all questions of a technical nature concerning the contractual work are answered.

6.1.2 Government Quality Assurance (QA)

The Government will appoint a Quality Assurance (QA) person to ensure the Contractors QC is verifying all work is performed in accordance with the contract documents. The QA person for this contract will be identified after the contract is awarded. The QA person serves as the liaison between the contractor, PM, and the DCO. The QA person does not have the authority to modify contractual agreements.

6.1.3 Government Inspections

Contractor must allow inspection by the Government PM, QA person, DCO personnel, and District Safety and Health personnel, at any time during the life cycle of the project. The contractor must provide safe access for Government personnel visiting the project.

6.1.4 Product Data Sheets

The contractor must provide to the Government product data sheets from the manufacturer for all materials used on this job, as part of the pre-construction submittals. All materials must be delivered to the project site in new condition, in their original containers and wrapping material, with labels clearly showing all product information.

6.2 Contractor Quality Control (CQC)

Contractor Quality Control (CQC) is the means by which the contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of this contract.

6.2.1 Quality Control Program (QCP)

The contractor must implement a written Quality Control Program (QCP) for performing contractual work and must designate an on-site Quality Control Manager (QCM). The contractor must provide copies of the QCP for review by the Government QA and PM. The QCP is one of the pre-construction submittals. The QCP must, at minimum, include the following to cover all construction operations, both on-site and off-site, including work by subcontractors, fabricators, supplies, and purchasing agents:

• The name, qualifications (in resume format), duties, responsibilities, and authorities of the person assigned the QCM.

• Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off-site fabricators, supplies, and purchasing agents.

• Procedures for procurement, storage of materials and equipment, coordination of subcontractor’s activities, and inspections and tests require to be sure that the specified materials are used and installation is acceptable to produce the required end product. The plan must list any required tests to be performed (See Section 12), state who will be responsible for the results, and who will prepare and sign reports.

• Procedures for tracking construction deficiencies from identification through acceptable corrective action.

These procedures must establish verification that identified deficiencies have been corrected.

Acceptance of the contractor’s QCP is required prior to the start of construction. At the pre-construction meeting, the QCP will be discussed along with the relationship between the contractor and the Government. The PM must be available at all times to discuss the planned QC operations. It may be advantageous for the contractor to make incremental submittals of the plan. The Government reserves the right to require the contractor to make changes in his QCP plan and operations including removal of personnel, as necessary, to obtain the quality specified.

7 Communication

During the execution of the contract, the PM must 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 must be the communication hub for the Government QA Person, 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 in the Government or the contractor to the acceptance of contractual changes without official approval by the DCO.

8 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 must 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.

9 Work Stoppage, Contract Cancellation Actions The Mount Morris Dam Park Manager, PM, or Government QA person 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 must be contacted immediately after a Stop Work notification order is issued or rescinded.

Violation of health, safety or environmental regulations committed by the contractor must 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.

10 Material Change Orders Once equipment and materials are approved and accepted by the Government, the contractor must not substitute equipment or materials without providing a detailed explanation for the substitution. Changes in materials will require full justification and approval from the DCO. Modifications to contractual documents must be reviewed by the contractor, Government QA person and PM, and approved by the Government’s DCO. Requests for modifications must be in writing explaining the reasons for the modification, detailed description of the modification and what the benefits are, and an estimated cost broken down by materials, labor and equipment for prime and subcontractor work.

11 Liquidated Damages Liquidated damages will not be included.

12 Inspection/Testing

12.1 Pre-Final/Final Inspection

Upon completion of the work, the Government will perform a pre-final inspection to verify that the project is complete. A Government pre-final punch list may be developed as a result of this inspection. If contractual requirements are not met, this list must be provided to the DCO, who will bring them to the attention of the contractor.

The contractor’s QC supervisor must ensure that all items on this list have been corrected in a timely manner before notifying the Government, so that a final inspection with the Government and contractor…