W912P523R0004 - Crane MATOC RFP (27 Jun 23).pdf

PROJECT TITLE: Crane R3 (Replace, Rehab, Repair)

TYPE OF CONTRACT: Firm Fixed-Price Construction Multiple Aw ard Task Order Contract (MATOC)

DISCLOSURE OF MAGNITUDE OF PROPOSED CONSTRUCTION CONTRACT: The available capacity for this MATOC is $95,000,000.00. Each aw ard w ill consist of a three-year base period and tw o (2) one-year option year periods for a total of a five-year period.

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE: 333923; Size Standard: 1,250 employees

TYPE OF SET-ASIDE: Unrestricted w ith a target of six (6) sources, w hich includes a small business set-aside reserve w ith a target of three

(3) sources.

Government w ill not reimburse Offerors for any effort expended in responding to this request for proposal.

CIERRA R MENDOZA 615.736.7976

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

27-Jun-2023

(RFP)

(IFB)

X

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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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 specif ied in Item 8 by ___________ local time ______________31 Jul 2023 (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 X is, 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 _______120 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

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, RM A680

NASHVILLE TN 37203

W912P5

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

615-736-7124FAX:TEL: 615-736-7932 TEL: FAX:

W912P523R0004 125

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

Section 00 10 00 - Solicitation

CRANE CONTRACT SCOPE OF WORK

This procurement is an Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Task Order Contract (MATOC) for providing civil works construction services for crane replacement and repairs at U.S. Army Corps of Engineer (USACE) projects. Projects will be primarily located in the USACE Nashville District area of responsibility. This MATOC will also be available for use at Government Facilities and installations located anywhere within the geographical boundaries of the Great Lakes and Ohio River Division at the Contracting Officers discretion.

The general scope of work to be performed by the Crane IDIQ MATOC will typically include repairs, rehabilitation, and replacements of existing cranes and hoist equipment at USACE projects. The primary types of various cranes and equipment with large tonnage capacities are at USACE operated hydropower, navigation and flood risk management facilities. Most of the work includes, but is not limited to, the following equipment:

Bridge Cranes (typical capacity may range from 75 tons to 600 tons) Overhead Gantry Cranes (typical capacity may range from 15 tons to 480 tons) Underhung Monorail Cranes (typical capacity may range from 5 tons to 25 tons) Below-the-hook lifting devices

Other types of cranes and equipment may include, but not limited to:

Navigation Facility Cranes Floating and Floating Derrick Cranes (typical capacity may range from 10 tons to 550 tons) Base/Wall Mounted Jib Hoists/Booms

Rehabilitation work may consist of construction, repairing, replacing, and/or upgrading worn components of crane systems to make the equipment fully functional for support of mission requirements. Components may include, but not limited to, lifting beams and/or lifting devices, hoist machinery such as wire rope drums, speed reducers and open gearing, load brake systems, motors, brakes, wire rope, load blocks, load indicating systems (load cells), structural repairs, crane rails, crane access/egress and safety upgrades, operator cabs, painting, control systems (including variable frequency drives (VFDs) and programmable logic controllers (PLCs)), warning/alarm systems, electrical systems, rail feeders, etc. Work may also include, but not limited to, the following incidental services:

hazardous material removal to include abatement of asbestos of lead, painting, final inspection and testing services, and classification/marking of the final product, lifting beam analysis, and load testing.

The basic contract will be awarded and administered (e.g. issuing modifications, etc.) by the Nashville District Corps of Engineers Contracting Office, 110 Ninth Avenue South, P.O. Box 1070, Nashville, TN 37202-1070. Basic contract data for the IDIQ-MATOC contract is as follows:

This procurement is an unrestricted MATOC with a target of six (6) sources, which includes a small business set-aside reserve with a target of three (3) sources.

The magnitude of the resulting award(s) will be a shared Not-to-Exceed capacity of $95,000,000.

The MATOCs will be awarded for a three (3) year base period with two (2), one (1) year option periods.

The minimum guaranteed contract amount is $10,000.

The minimum and maximum values for a single Task Order are $100,000 and $25,000,000 dollars respectively.

Liquidated damages amount will be provided with each individual task order.

Wage Determinations will be provided with each individual task order

PRICE BREAKOUT SCHEDULE

OFFEROR'S NAME:

Provide the fully burdened binding contract rates for each Discipline. These rates must be utilized for all future task orders awarded under the MATOC. A separate price breakout schedule for the seed project “Task Order 0001, Old Hickory Intake Crane is provided for fill in under the Seed Project Scope of Work.

Contract Labor Rates

NOTES:

Note No. 1: The hourly rate proposed on this Price Breakout Schedule will become binding upon award for the life of the MATOC Contract. Adherence to these rates will be reviewed through submittal of supporting documentation with each task order proposal. All rates will be reviewed to ensure fair and reasonable pricing.

Note No. 2: The hourly rates shall be fully-burdened, inclusive of all direct cost, fringe benefits, overhead, and profit.

Discipline Unit Year 1

Burdened Rate

Year 2 Burdened

Rate

Year 3 Burdened

Rate

Year 4 Burdened

Rate

Year 5 Burdened

Rate Project Manager

Per hour

Superintendent

CQC Manager

Site Safety Health Officer

Design Project Manager

Civil Engineer

Structural Engineer

Mechanical Engineer

Electrical Engineer

SEED PROJECT SCOPE OF WORK -”TASK ORDER 0001, OLD HICKORY INTAKE CRANE”

This project consists of replacing the existing 75 Ton Intake Gantry Crane with a new 105 Ton Intake Gantry Crane at Old Hickory Lock and Dam located near Hendersonville, TN. The intake crane provides for the closure of intake gates to close off the water passage for one main unit.

Emergency closure is necessary in the event of turbine head-cover failure, an inadvertently opened or failed access hatch, loss of wicket gate control, or precautionary closures during abnormal operation (ie.

unit overspeed). The crane also provides functions for handling intake gates for unit maintenance and is used for placement of the spillway gate bulkheads.

The contract will require the Contractor to design, manufacture, install, test, and commission the new crane on both primary shore power and emergency diesel generator power. The new crane must be fully commissioned and operational prior to demolition of the existing crane. The work will include the removal of the existing emergency crane which is known to have asbestos containing material and lead based paint (the removal of the existing crane may be performed under separate contract).

This solicitation will use a FAR Part 15.101-1 Best Value Tradeoff Process. Acquisition is anticipated to provide for Full and Open Competition and while this will be an Unrestricted Procurement, as part of the Tradeoff Process a Small Business Participation Plan (SBPP) will be required and evaluated.

Expected contract award is Fall of 2023.

BACKGROUND

The existing Intake Gantry Crane was manufactured by MOFFETT ENG CO. and was completed around 1956, with an original design capacity of 75 tons. The crane was installed to provide the closure of the three intake gates of a unit against unbalanced head in case of runaway turbine, and to handle intake gates as required for unit maintenance. Only one intake gate can be lowered at once. The crane was also designed to perform gate cracking in order to re-water generating units after equalization to tail water elevation.

The existing crane has a single trolley that is equipped with a single 75-ton hoist. The trolley is covered by the fixed machinery house. The lifting beam for the hoist contains the lower load block sheaves and pins (integral to the lifting beam). The gantry is driven on two corners of the crane. The operator’s cab is mounted on the lock side approximately 21 feet above the intake deck elevation of 484.0 FT. Access to the hoist machinery house is by climbing ladders from the operator’s cab.

The existing crane is also equipped with a 10 ton jib hoist mounted on the north east corner of the structure. This hoist is currently inoperable.

GENERAL SCOPE & DESIGN CRITERIA

A new Intake Crane will be designed to replace the function of the original crane and restore reliability of the plant. The new Intake Crane will be rated at 105 tons and will provide for the individual closure of three intake gates in order to close off the water passage for one main unit in the event of turbine headcover failure, inadvertently opened or failed access hatch, loss of wicket gate control, or precautionary closures during abnormal operation (ie. unit overspeed). The new Intake Crane will also provide a secondary function for handling intake gates and spillway bulkheads for maintenance activities.

The new crane will retain the main hoist capability and add an auxiliary and maintenance hoist. The main hoist will be rated for 105 tons. The hoist performs breakaway of a single gate (routine cracking) during unit re-watering with unbalanced head across the gate. Calculations performed in 2019 showed the crane governing load to be during breakaway at a value of 102.5 tons. To account for condition the main hoist will be rated for 105 tons which accommodates the maximum breakaway loads at unbalanced head across the gate.

This rating allows the hoist to safely deploy intake gates into a unit operating at runaway with maximum flow through the unit discharge ring.

Electrical power for the operation of the crane will be supplied by a new cable reel mounted to the crane and for emergencies by the Powerhouse Emergency Diesel Generator. A load study will be performed between the 30% and 60% milestones in order to verify feeder and conductor sizing.

Security Requirements for SEED PROJECT

(General Security Requirements and Guidance) “The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.”

(AT Level 1 Training) - IF the Contractor(s) will be working within a government facility (controlled and/or restricted area) for more than 180 days then Block #2 applies. Please use the revised wording below instead of the Proposed Language because it provides more detailed guidance to access the training: All contractor and subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I Awareness Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each applicable contract employee and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training by all contract personnel. AT Level I Awareness Training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf Each contract employee must take the training individually to receive a training certificate.

(Physical security and access control requirements) “All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on DoD property in the US shall be vetted by the District Security Office using the National Crime database and Terrorist Screening Database. Contract personnel shall comply with all personal identity verification requirements specified in facility policies and procedures.

Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.”

Guidance and forms for the background investigation requirements are available on the Nashville District Public Website: (https://www.lrn.usace.army.mil/Business-With-Us/Contracting/ )

Background investigations for U.S. Citizens who will work (a) within a control area, (b) on a government information system and/or (c) have access to government funds will be submitted in accordance with the appropriate level in Category B.

The background investigation requirements for those U.S. Citizens who will not work (a) within a control area, (b) on a government information system and/or (c) have access to government funds is provided in Category A.

Foreign National Contractors: Follow the guidance on the website specified in Category C – Foreign National Contractors requirements fall under Category B3 for US Citizens and Category C for Foreign Nationals. Guidance and forms for the requirements are available on the Nashville District Public Website:

https://www.lrn.usace.army.mil/Business-With-Us/Contracting/.

“Contract and sub-contract employees are not authorized to begin work on any contract until investigation requirements have been completed and notification has been made by the COR or the District Security Office.”

Contract and sub-contract employees are not authorized to begin work on any contract until investigation requirements have been completed and notification has been made by the COR or the District Security Office.)

On ANY contract being performed in a restricted area ADD: Convict Labor Clause: Because the work is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this contract any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, See Something, Say Something) “All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.” “The contractor and all associated sub-contractors shall receive training on the local Suspicious Activity Reporting Program. This training identifies behavioral indicators and provides guidance reporting suspicious activity. 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 COR NLT 5 calendar days after the completion of the training. The iWatch training for contractors is available on the Nashville District Public Website:

(https://www.lrn.usace.army.mil/Portals/49/docs/Security/iWatch_USACE%20Contractors%2024AUG20.pdf)

Additional Optional Information Regarding Suspicious Activity Reporting is available at:

Corps Watch https://corpslakes.erdc.dren.mil/visitors/corpswatch.cfm; iWatch Army is available at https://www.army.mil/standto/archive/2018/07/25/;

Alabama Suspicious Activity Report: https://app.alea.gov/SAR/ Eye On Kentucky program (report anonymously suspicious criminal or terrorist activity) https://homelandsecurity.ky.gov/Pages/Report-Suspicious-Activity.aspx ; Tennessee Suspicious Activity Report https://www.tn.gov/safety/homeland-security/report-suspicious-activity.html; and Homeland Security “See Something Say Something” https://www.dhs.gov/see-something-say-something.”

(Pre-Screen Candidates Using E-Verify): “Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/ ) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.”

SEED PROJECT BREAK OUT SCHEDULE “Task Order 0001 – Old Hickory Intake Crane”

Provide the fully burdened binding contract rates multiplied by the estimated hours for each Discipline for the seed project “Task Order 0001, Old Hickory Intake Crane.

Discipline Unit Burden Rate (Year 1)

Estimated Hours Total Cost

Project Manager

Superintendent

CQC Manager

Site Safety Health Officer

Design Project Manager

Civil Engineer

Structural Engineer

Mechanical Engineer

Electrical Engineer

PRICE SCHEDULE FOR SEED PROJECT - “TASK ORDER 0001, OLD HICKORY INTAKE CRANE”

CLIN DESCRIPTION QTY UNIT

UNIT

PRICE

AMOUNT

BASE ITEMS

0001 Design New Intake Gantry Crane 1 Job N/A $__________

Manufacture and Deliver New Intake Gantry Crane

1 Job N/A $__________

0003 Install and Test New Intake Gantry Crane 1 Job N/A $__________

Fabricate and Load Test New Intake and Spillway Gate Lifting Lugs

1 Job N/A $__________

Fabricate and Install New Intake and Spillway Gate Lifting Lugs

1 Job N/A $__________

Install New Emergency Diesel Generator, Power Cables, and Associated Equipment

Provide Training for Crane Operation, Maintenance, VFD, and Diesel Generator

0008 Provide Final As-Built Drawings 1 Job N/A $__________

Provide Operations and Maintenance Manuals

TOTAL AMOUNT FOR BASE ITEMS: $__________

CLIN DESCRIPTION QTY UNIT

UNIT

PRICE

AMOUNT

OPTION ITEMS

1001 Remove Existing Intake Gantry Crane 1 Job N/A $__________

Contractor to Provide External Power Source for All Onsite Activities Including Crane Erection and Commissioning for 120 Days

1 Job N/A $__________

3001 Asbestos Abatement 1 Job N/A $__________

TOTAL AMOUNT FOR OPTION ITEMS: $__________

TOTAL FOR BASE + OPTION ITEMS: $__________

WAGE DETERMINATION FOR SEED PROJECT

"General Decision Number: TN20230137 01/06/2023

Superseded General Decision Number: TN20220137

State: Tennessee

Construction Type: Heavy Including Water and Sewer Line Construction

County: Sumner County in Tennessee.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

|If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. |

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023

ELEC0429-007 06/01/2022

Rates Fringes

Electrician.....................$ 31.55 14.08

ENGI0369-012 05/01/2013

Rates Fringes

Operating Engineers:

Bulldozer, Crane, and Forklift....................$ 24.47 10.85

SUTN2009-136 12/02/2009

Rates Fringes

LABORER: Common or General......$ 10.25 ** 0.00

LABORER: Flagger................$ 8.73 ** 0.00

LABORER: Pipelayer..............$ 11.71 ** 0.00

OPERATOR: Backhoe...............$ 17.35 0.00

OPERATOR: Loader................$ 13.50 ** 0.00

TRUCK DRIVER: Dump Truck........$ 10.76 ** 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

Future Projects: When work under this MATOC arises, a Request for Proposal (RFP) letter will be issued to all participants in the MATOC pool that have maintained satisfactory performance. The RFP will specify construction performance requirements, the schedule for a site visit, and requirements for proposal submission. The RFP will include such documents as technical specifications, drawings, data, attachments, DOL Wage Determinations, and a statement of work. Task orders will be competed among the MATOC pool or negotiated on a sole source basis. The circumstances justifying a sole source procurement are described below.

Competed task orders will generally be awarded based on the lowest price received.

The Government reserves the right to award task orders based on the best value trade off process, where price may be more important, equal, or less important than past performance or technical factors when combined.

The basis of award for task orders will be stated in the individual RFP letter.

Whenever possible, task order awards will be made without discussions. If it is determined that discussions are necessary, the Contractor(s) may be required to revise and resubmit their proposals. Task orders will be firm fixed-price with a performance period specified therein. Task orders will be awarded by a federally appointed Contracting Officer (KO) and administered by a federally appointed Administrative Contracting Officer (ACO).

Competition Requirements For Task Orders. As required by FAR 16.505(b)(1)(iv), in the case of a task or delivery order in excess of $6M, the requirement to provide all Contractors a fair opportunity to be considered shall include at a minimum:

a. A notice of the task or delivery order that includes a clear statement of the agency's requirements;

b. A reasonable response period;

c. Disclosure of the significant factors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance;

d. Where award is made on a best value basis, a written statement documenting the basis for award and the relative importance of quality and price or cost factors; and

e. An opportunity for a post-award debriefing in accordance with FAR 16.505(b)(6).

Multiple Awards Contracts With A Small Business Reserve- Ordering Each Contractor will be afforded a fair opportunity to be considered for each task (or delivery) order in excess of $10,000.00 (except for work with small business reserve) unless one of the statutory exemptions found in FAR 16.505(b)(2) applies.

Unless otherwise specified in the RFP, the Contracting Officer will consider the following factors when awarding a task order:

a. Contract minimums - Task orders will be distributed to assure the guaranteed minimums are met.

b. Location/proximity of Contractor - Projects may be at any location in the geographical boundaries of the

Great Lakes and Ohio River Division. Travel distance from the Contractor's office to the job site may be a consideration. Current construction work at a particular location could be a factor when distributing new work at the same site.

c. Past performance on similar task orders – Performance related to the quality, timeliness, management, and regulatory compliance of work delivered on prior jobs may be considered.

d. Capacity to perform - The ability/capability of the Contractor's staff to take on additional work.

e. Specific past experience - Past experience related to a location or particular type of work.

f. Price.

If the Contractor believes it was not fairly considered for a particular task order, the Contractor may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the USACE Task and Delivery Order Ombudsman. The ombudsman will review the Contractor's complaint in accordance with FAR 16.505(b)(8).

Sole Source Task Orders: All MATOC contractors will be given a fair opportunity to submit a proposal on projects unless the Contracting Officer determines that a sole source procurement is in the best interest of the Government. Sole source procurements will be negotiated as necessary to arrive at a fair and reasonable price. Some conditions resulting in a sole source procurement are as follows:

a. Solicitation is competed and all proposals are above the awardable range.

b. An urgent need exists and seeking competition would result in unacceptable delay.

c. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized.

d. It is in the best interest of economy and efficiency as a logical follow-on to an order already competed.

e. To satisfy contract minimum award obligations.

Minimum Guarantee:

The minimum guaranteed amount is $10,000. In order to be eligible to receive the minimum guarantee at the completion of the contract term, the contractor must be able to demonstrate that they submitted bids/proposals for at least 50% of all competed task orders and that their bid/proposal prices have been within 25% of the task order award amount 50% of the time.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2023 TO

30-SEP-2026

N/A N/A

FOB: Destination

1001 POP 01-OCT-2026 TO

30-SEP-2027

2001 POP 01-OCT-2027 TO

30-SEP-2028

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

DEC 2022

52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

252.215-7008 Only One Offer DEC 2022 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7012 Requirements for Submission of Proposals via Electronic Media.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

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

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

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

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

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

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally.