W912P6-16-B-0001.pdf

SEE ADDENDUM

(No Collect Calls)

W912P6-16-B-0001 17-Dec-2015

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 30 Dec 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAMELA J BROWN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6653292934

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15M

NAICS:

238990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF83

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P6-16-B-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CHICAGO HARBOR DEWATERING ACTIVITIES

FFP

Activities associated with the loading operations at the Chicago Harbor Lock.

PERFORMANCE: The contractor will carry out these activities during the month of January 2016.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0001AA through 0001AD; the Sub-line items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-items 0001AA through 0001AD.

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 1 Job

LOAD HANDLING EQUIP (LHE) MOB/DEMOB

FFP

Furnish, transport and deliver Load Handling Equipment (LHE) and Rigging for loading operations at the Chicago Harbor Lock Bulkhead Storage site. Includes cost for mobilization and demobilization to furnish LHE and Rigging equipment for rental.

Under this CLIN, the contractor is required to perform mobilization and demobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize and demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization and demobilization of all of the Contractor's equipment and labor at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

PURCHASE REQUEST NUMBER: W81G6653292934

0001AB 3 Days

RENTAL OF LOAD HANDLING EQUIPMENT

FFP

Rental of LHE and Rigging

0001AC 3 Days

OPERATOR SERVICES

Load Handling Equipment operator services for loading operations

0001AD 3 Days

RIGGER SERVICES

Load Handling Equipment rigger services for loading operations

CHICAGO HARBOR DEWATERING ACTIVITIES

Activities associated with the loading operations at the Chicago Harbor Lock.

PERFORMANCE: The contractor will carry out these activities during the month of March 2016.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0002AA through 0002AD; the Sub-line items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-items 0002AA through 0002AD.

0002AA 1 Job

LOAD HANDLING EQUIP (LHE) MOB/DEMOB

FFP

Furnish, transport and deliver Load Handling Equipment (LHE) and Rigging for unloading operations at the Chicago Harbor Lock Bulkhead Storage site. Includes cost for mobilization and demobilization to furnish LHE and Rigging equipment for rental.

Under this CLIN, the contractor is required to perform mobilization and demobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize and demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization and demobilization of all of the Contractor's equipment and labor at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0002AB

RENTAL OF LOAD HANDLING EQUIPMENT

Rental of LHE and Rigging for unloading operations

0002AC 3 Days

OPERATOR SERVICES

Load Handling Equipment operator services for unloading operations

0002AD 3 Days

RIGGER SERVICES

Load Handling Equipment rigger services for unloading operations

0003 4 Hours

LHE FOR LOAD TESTING OF LIFT BEAM

4 Hour rental of LHE, LHE Operator and Rigger(s) for load tesing of Lift Beam

OPTION ADDITIONAL RENTAL FOR LOADING

FFP

Additional rental for loading operations.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0004AA through 0004AC; the Sub-line items themselves identify the pricing separately at Sub-items 0004AA through 0004AC.

0004AA 1 Days

OPTION LOAD HANDLING EQUIPMENT & RIGGING

Additional rental of load handling equipment and rigging for loading operatioins

0004AB 1 Days

OPTION LHE OPERATOR

Additional LHE operator services for loading operations

0004AC 1 Days

OPTION LHE Rigger

Additional LHE rigger services for loading operations

OPTION ADDITIONAL RENTAL FOR UNLOADING

FFP

Additonal rental for unloading operations.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0005AA through 0005AC; the Sub-line items themselves identify the pricing separately at Sub-items 0005AA through 0005AC.

0005AA 1 Days

OPTION LOAD HANDLING EQUIPMENT & RIGGING

Additional rental of load handling equipment and rigging for unloading operatioins

0005AB 1 Days

OPTION LHE OPERATOR

Additional LHE operator services for unloading operations

0005AC 1 Days

OPTION ADDITIONAL RIGGER SERVICES

Additional LHE rigger services for unloading operations

BID TOTALS

BID AMOUNT:

AMOUNT FOR BASE WORK CLIN 0001 through CLIN 0003 $___________________

AMOUNT FOR OPTION CLIN 0004AA THROUGH CLIN 0004AC: $_____________

AMOUNT FOR OPTION CLIN 0005AA THROUGH CLIN 0005AC: $_____________

TOTAL BID PRICE (ITEMS 0001 THROUGH 0005): $______________

OPTION PROVISIONS:

EXERCISE OF OPTION ITEMS: At the Government’s discretion, it may unilaterally award any or all of the

Option Items no later than 21 March 2016. For any option exercised, the option will be awarded at the price(s) set forth in the resultant contract and the work must be completed within the performance time of the contract.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. GENERAL SCOPE OF WORK

THE U.S. ARMY CORPS OF ENGINEERS (USACE), CHICAGO DISTRICT, REQUIRES THE UTILIZATION OF A PIECE OF LOAD HANDLING EQUIPMENT (LHE) AND THE SERVICES OF A LHE OPERATOR AND RIGGER(S) FOR THE LOADING/UNLOADING OF ELEVEN (11) BULKHEADS AND ONE (1) LIFTING BEAM ONTO/OFF OF THREE (3) CORPS OF ENGINEERS SUPPLIED DECK BARGES. IN ADDITION TO THE LOAD/UNLOADING OPERATIONS, THE AFOREMENTIONED LIFTING BEAM MUST FIRST BE LOAD

TESTED PRIOR TO LOADING ONTO THE CORPS OF ENGINEERS SUPPLIED DECK BARGES. THE BULKHEADS AND LIFTING BEAM

ARE CURRENTLY STORED AT THE CHICAGO DISTRICT BULKHEAD STORAGE SITE LOCATED AT SAMSON’S SLIP ALONG THE

SOUTH BRANCH OF THE CHICAGO RIVER, IN CHICAGO, IL.

THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUPPLYING AN APPROPRIATELY SIZED PIECE OF LHE, ALL NECESSARY RIGGING, SPREADER BEAM(S) AND MISCELLANEOUS SUPPLIES TO SAFELY AND EFFICIENTLY LOAD/UNLOAD THE BULKHEADS AND LIFTING BEAM ONTO THE CORPS OF ENGINEERS SUPPLIED DECK BARGES. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR SUPPLYING AN APPROPRIATELY SIZED PIECE OF LHE, ALL NECESSARY RIGGING, SPREADER BEAM(S), CERTIFIED TEST WEIGHTS AND MISCELLANEOUS SUPPLIES TO SAFELY AND EFFICIENTLY PERFORM A PROOF TEST ON THE

CORPS OF ENGINEER’S DESIGNED LIFTING BEAM TO 125% OF THE IDENTIFIED WORKING LOAD LIMIT. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR PROVIDING AN OVERALL LIFT SUPERVISOR, LHE OPERATOR AND RIGGER(S) TO EXECUTE

THE VARIOUS ACTIVITIES IDENTIFIED UNDER THIS SCOPE OF WORK.

ALL POTENTIAL CONTRACTORS ARE ENCOURAGED TO VISIT THE PROJECT SITE TO FAMILIARIZE THEMSELVES WITH THE SITE’S POINTS OF ENTRY AND EXIT, TO IDENTIFY ALL POTENTIAL OVERHEAD HAZARDS/OBSTRUCTIONS, TO OBSERVE SITE SOIL CONDITIONS AND TO DETERMINE THE MOST ADEQUATE LHE STAGING LOCATIONS. PROJECT SITE VISITS CAN BE ARRANGED BY CONTACTING THE TECHNICAL POCS – JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐

0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH FRIDAY.

2. DESCRIPTION OF WORK

LOADING/UNLOADING OF BULKHEADS AND LIFTING BEAM

THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUPPLYING AN APPROPRIATELY SIZED PIECE OF LHE, ALL NECESSARY RIGGING, SPREADER BEAM(S) AND MISCELLANEOUS SUPPLIES TO SAFELY AND EFFICIENTLY LOAD/UNLOAD THE BULKHEADS AND LIFTING BEAM ONTO THE CORPS OF ENGINEERS SUPPLIED DECK BARGES. THE BULKHEADS AND LIFTING BEAM ARE CURRENTLY

STORED AT THE CHICAGO DISTRICT’S BULKHEAD STORAGE SITE LOCATED AT SAMSON’S SLIP ALONG THE SOUTH BRANCH OF THE CHICAGO RIVER, IN CHICAGO, IL. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE MEANS AND

METHODS FOR LOADING/UNLOADING THE BULKHEADS AND LIFTING BEAM ONTO/OFF OF THE CORPS OF ENGINEERS SUPPLIED DECK BARGES. EACH BULKHEAD WEIGHTS APPROXIMATELY 66,000LBS AND HAS TWO LIFTING LUGS TO WHICH THE

BULKHEADS WILL BE PICKED FROM. THE LIFTING BEAM WEIGHTS APPROXIMATELY 24,000LBS.

PROOF TESTING OF LIFTING BEAM

THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUPPLYING AN APPROPRIATELY SIZED PIECE OF LHE, ALL NECESSARY RIGGING, SPREADER BEAM(S), CERTIFIED TEST WEIGHTS AND MISCELLANEOUS SUPPLIES TO SAFELY AND EFFICIENTLY

PERFORM A PROOF TEST ON THE CORPS OF ENGINEER’S DESIGNED LIFTING BEAM TO 125% OF THE IDENTIFIED WORKING

LOAD LIMIT (77,000LBS). WITHIN TEN (10) DAYS OF CONCLUSION OF THE PROOF TEST, THE CONTRACTOR SHALL SUPPLY A PROOF TEST CERTIFICATE. THE LIFTING BEAM SHALL BE TESTED TO MEET REQUIREMENTS OF ASME B30.20.

3. SAFETY AND HEALTH

ALL WORK SPECIFIED SHALL BE PERFORMED IN ACCORDANCE WITH US ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385‐1‐1, 2014 APPENDIX A, PARAGRAPH 3.K, SECTION 15, 16 AND 21 WHERE APPLICABLE

FOR WORK DONE ON GOVERNMENT PROPERTY.

ACTIVITY HAZARD ANALYSIS

PRIOR TO THE COMMENCEMENT OF WORK, THE CONTRACTOR SHALL COMPLETE AN ACTIVITY HAZARD ANALYSIS (AAHA) NO LATER THAN (NLT) SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF WORK UNDER THIS SCOPE OF WORK AND

SUBMIT FOR ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE AHA SHOULD INCLUDE ALL IDENTIFIED HAZARDS ASSOCIATED WITH THE WORK UNDER THIS SCOPE OF WORK AND SHOULD IDENTIFY MEANS

AND METHODS FOR REMEDIATION OF IDENTIFIED HAZARDS AND ALL PERSONNEL PROTECTIVE EQUIPMENT (PPE) TO REDUCE EXPOSURE TO THE IDENTIFIED HAZARDS. WORK SHALL NOT BE ALLOWED TO COMMENCE UNTIL THE AHA HAS BEEN REVIEWED AND ACCEPTED BY CHICAGO DISTRICT’S SAFETY OFFICE. AFTER THE AHA HAS BEEN ACCEPTED BY THE CHICAGO DISTRICT’S SAFETY OFFICE, A PRE‐LIFT MEETING SHALL BE CONDUCTED ONSITE BETWEEN THE CONTRACTOR AND THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE PRE‐LIFT MEETING IS SCHEDULED ON

WEDNESDAY, JANUARY 20, 2016 AT 9:00 AM.

CERTIFICATION OF COMPLIANCE FOR LHE AND RIGGING

PRIOR TO THE COMMENCEMENT OF WORK, THE CONTRACTOR SHALL COMPLETE EM385‐1‐1 FORM 16‐1 “CERTIFICATION OF COMPLIANCE FOR LHE AND RIGGING” (ATTACHMENT 1) FOR ALL LHE AND RIGGING UTILIZED DURING THE ACTIVITIES UNDER THIS SCOPE OF WORK TO THE TECHNICAL POC FOR REVIEW NO LATER THAN (NLT) SEVEN (7) DAYS PRIOR TO THE

COMMENCEMENT OF WORK UNDER THIS SCOPE OF WORK AND SUBMIT FOR ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE TECHNICAL POCS ARE: JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH FRIDAY. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL .

OPERATOR LIFT PLAN

PRIOR TO THE COMMENCEMENT OF WORK, THE CONTRACTOR SHALL COMPLETE EM385‐1‐1 FORM 16‐2 “STANDARD PRE‐LIFT CRANE PLAN/CHECKLIST” (ATTACHMENT 2) AND SUBMIT TO THE TECHNICAL POC FOR REVIEW NO LATER THAN

(NLT) SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF WORK UNDER THIS SCOPE OF WORK AND SUBMIT FOR

ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE TECHNICAL POCS ARE: JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH FRIDAY. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL . THE LHE OPERATOR SHALL PLAN THE LIFTS ASSOCIATED WITH THIS SCOPE OF WORK IN ADVANCE, WITH PARTICULAR ATTENTION TO LIFT RADII & BOOM ANGLES, LOAD MOMENT INDICATOR (LMI)

RESPONSE, AND EXPECTED LMI WARNING INDICATORS, IF ANY.

CRITICAL LIFT PLAN

IF ANY OF THE LIFTS ASSOCIATED WITH THE ACTIVITIES UNDER THIS SCOPE OF WORK ARE DETERMINED TO BE A CRITICAL LIFT PER EM385‐1‐1 SECTION 16, SUBSECTION H, THE CONTRACTOR SHALL COMPLETE EM385‐1‐1 FORM 16‐3 “CRITICAL LIFT PLAN” (ATTACHMENT 3) AND SUBMIT FOR ACCEPTANCE TO THE CHICAGO DISTRICT’S SAFETY OFFICE NO

LATER THAN (NLT) SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF WORK UNDER THIS SCOPE OF WORK AND SUBMIT

FOR ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE TECHNICAL POCS ARE:

JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND

5PM, MONDAY THROUGH FRIDAY. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL . WORK SHALL NOT BE ALLOWED TO COMMENCE UNTIL THE CRITICAL

LIFT PLAN HAS BEEN REVIEWED AND ACCEPTED BY CHICAGO DISTRICT’S SAFETY OFFICE.

FALL PROTECTION PLAN

AS THE LIFTING POINTS ON THE BULKHEADS ARE OVER FOUR (4) FEET FROM GROUND LEVEL, THE CONTRACTOR SHALL SUBMIT A FALL PROTECTION PLAN PER EM385‐1‐1, SECTION 21 AND SUBMIT FOR ACCEPTANCE TO THE CHICAGO DISTRICT’S SAFETY OFFICE NO LATER THAN (NLT) SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF WORK UNDER THIS

SCOPE OF WORK AND SUBMIT FOR ACCEPTANCE THE CHICAGO DISTRICT’S SAFETY OFFICE. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL . WORK SHALL NOT

BE ALLOWED TO COMMENCE UNTIL THE FALL PROTECTION PLAN HAS BEEN REVIEWED AND ACCEPTED BY THE CHICAGO

DISTRICT’S SAFETY OFFICE.

SECURITY

ALL CONTRACTOR AND ALL ASSOCIATED SUB‐CONTRACTORS EMPLOYEES SHALL COMPLY WITH APPLICABLE INSTALLATION, FACILITY AND AREA COMMANDER INSTALLATION/FACILITY ACCESS AND LOCAL SECURITY POLICIES AND PROCEDURES (PROVIDED BY GOVERNMENT REPRESENTATIVE). THE CONTRACTOR SHALL ALSO PROVIDE ALL INFORMATION REQUIRED FOR

BACKGROUND CHECKS TO MEET INSTALLATION/FACILITY ACCESS REQUIREMENTS TO BE ACCOMPLISHED BY INSTALLATION

PROVOST MARSHAL OFFICE, DIRECTOR OF EMERGENCY SERVICES OR SECURITY OFFICE. CONTRACTOR WORKFORCE MUST

COMPLY WITH ALL PERSONAL IDENTITY VERIFICATION REQUIREMENTS (FAR CLAUSE 52.204‐9, PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL) AS DIRECTED BY DOD, HQDA AND/OR LOCAL POLICY. IN ADDITION TO THE CHANGES OTHERWISE AUTHORIZED BY THE CHANGES CLAUSE OF THIS CONTRACT, SHOULD THE FORCE PROTECTION CONDITION (FPCON) AT ANY INSTALLATION OR FACILITY CHANGE, THE GOVERNMENT MAY REQUIRE CHANGES IN

CONTRACTOR SECURITY MATTERS OR PROCESSES

4. LOAD HANDLING EQUIPMENT SPECIFICATIONS

LHE REQUIREMENTS

THE LHE SHALL BE OF AN APPROPRIATE SIZE AND LIFTING CAPACITY TO MAKE ALL THE REQUIRED PICKS TO

LOAD/UNLOAD THE ELEVEN BULKHEADS AND LIFTING BEAM ONTO/OFF OF THE THREE (3) CORPS OF ENGINEERS SUPPLIED DECK BARGES AND TO PERFORM THE PROOF TEST ON THE LIFTING BEAM. IT IS THE CONTRACTORS RESPONSIBILITY TO SPECIFY AND DELIVER TO THE JOBSITE AN APPROPRIATE SIZE PIECE OF LHE TO COMPLETE ALL

OPERATIONS UNDER THIS SCOPE OF WORK.

LHE MAINTENANCE AND CERTIFICATION

THE LHE NECESSARY TO PERFORM THE ACTIVITIES UNDER THIS SCOPE OF WORK SHALL BE IN GOOD WORKING

CONDITION AND ALL NECESSARY MAINTENANCE SHALL BE COMPLETED PRIOR TO DELIVERY TO THE CHICAGO DISTRICT’S BULKHEAD STORAGE SITE. ALL CERTIFICATIONS FOR THE LHE DELIVERY TO THE CHICAGO DISTRICT’S BULKHEAD STORAGE SITE SHALL BE CURRENT AND SHALL BE ONSITE THE DAY(S) OF OPERATION UNDER THIS SCOPE OF WORK ARE

TO TAKE PLACE.

LHE DELIVERY SCHEDULE

THE DELIVERY OF THE LHE SHALL BE MADE SUCH THAT THE LHE IS AVAILABLE FOR OPERATION NO LATER THAN 9:00AM OF THE COMMENCEMENT OF WORK DATE. THE CONTRACTOR SHALL BE GIVEN FIVE (5) CALENDAR DAYS’ NOTICE OF ANY CHANGE IN RENTAL PERIOD COMMENCEMENT DATE SPECIFIED FOR LOADING/UNLOADING OF THE BULKHEADS AND LIFTING BEAM AS WELL AS THE LIFTING BEAM PROOF TEST IN THE BASE CONTRACT.

THE CONTRACTOR SHALL BE PAID FOR THE MOBILIZATION AND DEMOBILIZATION OF THE LHE AS WELL AS THE NUMBER

OF DAYS THE LHE IS USED WHICH SHALL NOT BE LESS THAN THE MINIMUM NUMBER OF GUARANTEED DAYS SPECIFIED.

THE CONTRACTOR SHALL BE PAID AT THE OPTION RATE BID FOR EACH DAY THE LHE IS USED BEYOND THE MINIMUM

WHICH SHALL NOT EXCEED THE SPECIFIED MAXIMUM NUMBER OF OPTION DAYS. THE CONTRACTOR SHALL BE NOTIFIED THE DAY BEFORE THE EXPIRATION OF THE MINIMUM USE PERIOD, WHETHER THE LHE IS TO BE USED FOR ANY

ADDITIONAL DAYS.

LATE DELIVERY OF THE LHE (OR DELIVERY OF LHE THAT DOES NOT MEET THE REQUIREMENTS UNDER THIS SCOPE OF WORK), OR LOSS OF USE OF THE LHE THAT HAS NOT BEEN PROPERLY MAINTAINED AND/OR DELIVERED READY FOR OPERATION (INCLUDING SAFETY EQUIPMENT, ETC.), SHALL CAUSE THE CONTRACT AMOUNT TO BE REDUCED ON A PRO‐ RATED BASIS FOR THE NUMBER OF DAYS LOST UNTIL THE LHE IS READY FOR USE, ROUNDED UP TO THE NEAREST WHOLE

DAY.

5. LHE OPERATOR AND RIGGER(S) QUALIFICATIONS

LHE OPERATOR QUALIFICATIONS

LHE SHALL BE OPERATED ONLY BY TRAINED, CERTIFIED, QUALIFIED AND DESIGNATED PERSONNEL. PROOF OF QUALIFICATION SHALL BE PROVIDED BY THE CONTRACTOR AND DESIGNATION SHALL BE IN WRITING AND BE SUBMITTED TO

THE TECHNICAL POC FOR REVIEW NO LATER THAN (NLT) SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF WORK UNDER

THIS SCOPE OF WORK AND SUBMIT FOR ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE TECHNICAL POCS ARE: JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH FRIDAY. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE

FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL .

QUALIFIED RIGGER(S) QUALIFICATIONS

ANY WORKER ENGAGED IN THE DUTIES AND PERFORMANCE OF RIGGING SHALL BE A QUALIFIED RIGGER (QR). THE CONTRACTOR MUST DETERMINE AND DESIGNATE IN WRITING THE QR(S) AND THE SPECIFIC RIGGING TASKS FOR WHICH

THEY ARE QUALIFIED AND BE SUBMITTED TO THE TECHNICAL POC FOR REVIEW NO LATER THAN (NLT) SEVEN (7) DAYS

PRIOR TO THE COMMENCEMENT OF WORK UNDER THIS SCOPE OF WORK AND SUBMIT FOR ACCEPTANCE TO THE TECHNICAL POC AND THE CHICAGO DISTRICT’S SAFETY OFFICE. THE TECHNICAL POCS ARE: JEFFREY MACDONALD AT 312‐846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH FRIDAY. THE

CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL:

PETE.C.FLANAGAN@USACE.ARMY.MIL .

6. PROJECT LOCATION FOR LHE OPERATIONS

SAMSON’S SLIP

THE LHE AND ALL ASSOCIATED RIGGING, CERTIFIED TEST WEIGHTS AND SUPPLIES SHALL BE DELIVERED TO THE CHICAGO DISTRICT’S BULKHEAD STORAGE SITE, WHICH IS LOCATED AT SAMSON’S SLIP ALONG THE SOUTH BRANCH OF THE CHICAGO RIVER, CHICAGO, ILLINOIS. A PRE‐BID SITE MEETING WILL BE HELD ON MONDAY, DECEMBER 21, 2015 AT 9:00AM CST TO DISCUSS THE SITE CONDITIONS AND REQUIREMENTS OF THIS CONTRACT. UPON AWARD, THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING ALL NECESSARY ARRANGEMENTS FOR MOBILIZATION AND DEMOBILIZATION OF THE LHE TO AND FROM THE SITE. ACCESS TO THE CORPS OF ENGINEERS – BULKHEAD STORAGE SITE REQUIRES COORDINATION WITH THE

CHICAGO DISTRICT CORPS OF ENGINEERS’ TECHNICAL POC. THE TECHNICAL POCS ARE: JEFFREY MACDONALD AT 312‐ 846‐5429 AND/OR ROBERT OJALA 312‐860‐0135 BETWEEN THE HOURS OF 9AM AND 5PM, MONDAY THROUGH

FRIDAY. THE NEAREST LOCAL ADDRESS IS: 2411 S. LOOMIS STREET, CHICAGO, IL 60604.

7. PROJECT SCHEDULE

LOADING OPERATION AND LIFTING BEAM PROOF TEST

THE CONTRACTOR IS RESPONSIBLE FOR MAKING ALL NECESSARY ARRANGEMENTS SUCH THAT LOADING OF THE

BULKHEADS AND LIFTING BEAM ACTIVITIES AS WELL AS THE LIFTING BEAM PROOF TEST WILL COMMENCE AT 9AM

THURSDAY, JANUARY 21, 2016.

UNLOADING OPERATION

THE UNLOADING OPERATIONS WILL COMMENCE AT THE CONCLUSION OF THE CHICAGO HARBOR LOCK DEWATERING

WHICH WILL OCCUR SOMETIME BETWEEN MONDAY, MARCH 7TH AND MONDAY, MARCH 21ST, 2016. THE TECHNICAL POC SHALL CONTACT THE CONTRACTOR SEVEN (7) DAYS PRIOR TO THE COMMENCEMENT OF UNLOADING OPERATIONS.

THE CONTRACTOR IS RESPONSIBLE FOR MAKING ALL NECESSARY ARRANGEMENTS SUCH THAT THE UNLOADING OF THE

BULKHEADS AND LIFTING BEAM CAN COMMENCE AT 9AM ON THE IDENTIFIED DATE OF OPERATION.

LATE DELIVERY

IF THE LHE IS NOT READY FOR OPERATIONS AT THE AFOREMENTIONED TIMES AND DATES, THIS INSTANCE SHALL CONSTITUTE A LATE DELIVERY, AND THE CONTRACTOR WILL BE REQUIRED TO SUBMIT TO THE LATE DELIVERY PROVISIONS SPECIFIED BELOW. DELIVERY OF A LHE THAT HAS NOT BEEN PROPERLY MAINTAINED AND READY FOR SAFE

OPERATION SHALL ALSO CONSTITUTE A LATE DELIVERY, AND THE LATE DELIVERY PROVISIONS WILL APPLY UNTIL A SAFE

PIECE OF EQUIPMENT IS DELIVERED AND READY FOR OPERATION. IF AN UNQUALIFIED/UNLICENSED LHE OPERATOR

AND/OR RIGGER(S) ARE DISPATCHED TO THE JOB SITE TO PERFORM LIFTING OPERATIONS, THE LATE DELIVERY PROVISIONS WILL APPLY UNTIL A QUALIFIED/LICENSED LHE OPERATOR AND/OR RIGGER(S) ARE PRESENT ON THE JOB SITE AND ARE READY TO PERFORM LIFTING OPERATIONS. LATE DELIVERY OF THE LHE SHALL CAUSE THE CONTRACT AMOUNT

TO BE REDUCED ON A PRO‐RATED BASIS FOR THE NUMBER OF DAYS LOST UNTIL THE LHE IS READY FOR USE, ROUNDED UP

TO THE NEAREST WHOLE DAY.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

52.242-15 Stop-Work Order AUG 1989

Section I - Contract Clauses

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (NOV 2015) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019)

NOV 2015

52.214-3 Amendments To Invitations For Bids DEC 1989

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids MAR 1997

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-10 Contract Award--Sealed Bidding JUL 1990

52.214-12 Preparation Of Bids APR 1984

52.214-21 Descriptive Literature APR 2002

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.219-14 Limitations On Subcontracting NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-37 Employment Reports on Veterans OCT 2015

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-11 Extras APR 1984

52.232-15 Progress Payments Not Included APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.242-13 Bankruptcy JUL 1995

52.244-6 Subcontracts for Commercial Items OCT 2015

52.252-5 Authorized Deviations In Provisions APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

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

OCT 2015

252.209-7992 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2015 Appropriations

DEC 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

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

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;

and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the

Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the timeframes set forth at Section B of this document.. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

(MAY 2014)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.

Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of…