W912PM19Q0001_Amd_1_CC.pdf

PHILPOTT POWERHOUSE

NICHOLAS WILSON

810 DAM SPILLWAY ROAD

BASSETT VA 24055-8617

TEL: 434-738-6633 X214 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912PM19Q0001 16-Jan-2019 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ [ ] IS X[ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

07-Mar-2019(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

910-251-4863KARRI L MARES

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912PM19Q0001

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each Penstock Door Replacement in accordance with plans and specifications.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Performance and Payment BondsFOB: Destination

NET AMT

Section 00 21 13 - Instructions to Bidders

TOTAL

TOTAL, LINE ITEMS 0001 – 0002 $_________________________

PRE-AWARD INFORMATION

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End)

DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204 and DFARS 236.204, the magnitude of construction for this project is between $100,000.00 and $250,000.00.

(End)

INSTRUCTION TO OFFERORS

Note:

Award will be made on the basis of the lowest evaluated price of technically acceptable proposals meeting or exceeding the acceptability standards for non-cost factors with appropriate consideration given to the three (3) noncost factors:

(1) Past Experience, (2) Welding Procedure Specification, and (3) Past Performance.

To be considered acceptable, no non-cost factor in the proposal may be determined to be unacceptable. The failure of a proposal to meet any of the acceptability standards for non-cost factors will result in a technically unacceptable rating and preclude award.

In order to be considered technically acceptable, the contractor must submit the following with their quote:

Factor 1: Past Experience

The offeror shall demonstrate the experience as a prime contractor on projects of similar size, scope, and complexity.

The minimum requirement for a project of similar size, scope, or complexity is defined as having all of the following criteria:

To be evaluated, projects must have been completed or substantially complete within five years of the date that proposals are due and be valued at over $75,000.00. These projects shall demonstrate the offeror’s experience with pressurized piping welding and fabrication, field painting, scaffolding erection, and transporting of heavy loads.

The offeror shall complete a minimum of one (1) but no more than five (5), “Experience Information” forms, (See Attachment 1), in response to this factor. All projects submitted must be at least 75% complete by the date that proposals are due. If an offeror submits a project that is represented as “substantially complete,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

To be considered eligible for award, the Government will verify that each offeror has submitted a minimum of one

(1) projects which meet the minimum criteria of paragraph 4.1.2.

Evaluation Criteria:

The offeror’s Past Experience will be evaluated based on the Government’s assessment of each submitted project’s similarity (in terms of size, scope and complexity) to the work described in this RFP.

The Government will review the project experience of the offeror on projects provided in response to the Past Experience Factor. Offerors must meet all of the minimum acceptability standards to receive an “ACCEPTABLE” rating on this factor.

Factor 2: Welding Procedure Specification

Submit a Welding Procedure Specification (WPS) and supporting Procedure Qualification Record (PQR) prepared in accordance with Section IX “Welding, Brazing, and Fusing Qualifications” of the Boiler Pressure Vessel Code.

The WPS and PQR shall be from one of the projects submitted under Factor 2 – Past Experience.

Evaluation Criteria:

Offerors must meet all of the minimum acceptability standards to receive an “ACCEPTABLE” rating on this factor.

Factor 3: Past Performance

Past performance refers to the quality of recent and relevant project experience from the owner’s perspective. The offeror shall complete and provide a Past Performance Assessment Questionnaire (Attachment 2) on each of the projects submitted under Factor 1, Past Experience. Projects submitted under this factor must first be deemed recent and relevant.

Recent and Relevant projects are those projects completed or substantially completed within five years of the date that proposals are due and that are valued at over $75,000.00 and that are similar in scope and complexity to the work in this requirement.

Substantially completed is defined as having completed more than 75% of the project work at the time proposals are due.

Individual project Past Performance Assessment Questionnaires shall not exceed four (4) pages; Government evaluators will review and evaluate only the information contained on the first four (4) pages. If any firm has multiple functions or divisions, limit the project examples to those performed by the division, unit or team member submitting the offer. The Government will call and confirm information provided by the offeror on the Past Performance Assessment Questionnaire with the points of contact, to the extent necessary to conduct a meaningful evaluation. The Government reserves the right to interview other individuals if the point of contact is not available.

The Government may contact sources other than those provided by the offeror for information with respect to past performance. These other sources may include but are not limited to: Contract Performance Assessment Report

(CPAR), Past Performance Information Retrieval System (PPIRS), other Government sources, and interviews with organizations or individuals familiar with the offeror’s performance.

Offerors shall utilize the Past Performance Assessment Questionnaire attached to the FBO posting.

If the offeror is a Joint Venture (J-V), relevant project experience should be submitted for projects completed by the Joint Venture entity, or the individual firms that make up the joint venture. Offerors that are part of the DoD Mentor Protégé program may only submit one (1) recent and relevant project completed by the Mentor.

Offerors are still limited to a total of five (5) projects. Experience of proposed subcontractors to be utilized on this project may be considered with a signed letter of commitment.

Evaluation Criteria:

The Government will consider past performance of the prime construction contractor. If a firm has multiple functions or divisions, the Government will only evaluate the past performance of the unit or division submitting the offer. Where the Government views an offeror’s role, or that of its team members, if any, as not significant or as not clearly defined, the Government reserves the right to view this lack of involvement, or clarity, as a risk which may impact an offeror’s rating for this factor despite the quality of recent, relevant past performance information.

Past performance shall be initially evaluated to determine whether the offeror’s present/past performance is recent, and relevant to the effort to be acquired.

Recent and Relevant projects are those projects completed or substantially completed within five years of the date that proposals are due and that are valued at over $75,000.00 and that are similar in scope and complexity to the work in this requirement.

Substantially completed is defined as having completed more than 75% of the project work at the time proposals are due.

The Government will evaluate ONLY recent and relevant past performance based on the elements listed below to assign a confidence rating of acceptable/unacceptable.

Second, the past performance evaluation shall determine how well the offeror performed on the prior contracts. The contractor shall have no “unsatisfactory” or “marginal” ratings in the following criteria in Contract Performance Assessment Report (CPAR): quality, schedule, cost control, management, and utilization of small business, regulatory compliance, and safety.

Quality of Construction. The Government will evaluate all information available with respect to the quality of the actual construction undertaken and the offeror’s ability to maintain quality control and accuracy of quality control documentation.

Schedule. The Government will evaluate all information available with respect to the completion of projects within the scheduled completion times.

Cost Control. The Government will evaluate all information available with respect to the offeror’s ability to efficiently utilize resources and demonstrate cost responsibility.

Management. The Government will evaluate all information available with respect to the offeror’s ability to manage resources and key personnel.

Utilization of Small Business. The Government will evaluate all information available with respect to the offeror’s ability to meet small business subcontracting plan goals.

Regulatory Compliance. The Government will evaluate all information available with respect the offeror’s ability to enforce laws and regulations, correct deficiencies when non-compliant, and communicate laws and regulations to subcontractors.

Safety. The Government will evaluate all information available with respect to the contractor’s safety program or efforts.

Failure to demonstrate the minimally acceptability standards under this factor will result in an “UNACCEPTABLE” rating and possible elimination from further consideration for contract award.

RATING SCALE

Each evaluation factor rating will be determined and assigned using the adjectival and color descriptions contained herein. Upon assessment of each individual factor and its rating, the appropriate overall rating for the technical proposal will be assigned using these acceptable and unacceptable (pass/fail) ratings as defined below:

Color Rating Description

GREEN Acceptable Proposal clearly meets the minimum requirements of the solicitation.

RED Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Upon assessment of past performance information, the appropriate overall rating for past performance will be assigned using these acceptable and unacceptable (pass/fail) ratings as defined below:

GREEN Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below)

RED Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

To be considered technically acceptable, no technical factor in the proposal may be determined to be unacceptable.

The failure of a proposal to meet any of the acceptability standards for non-cost factors will result in a technically unacceptable rating and preclude award.

PROPOSAL SUBMITTAL INSTRUCTIONS

Each offeror must submit both a Price Proposal and a Technical Proposal via the USACE RepliWEb Managed File Transfer website. No hard paper copies will be accepted or evaluated. Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals. In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 ½ x 11 size pages in no less than a 10 pitch or 10 font. Page limitations, where specified in the RFP, shall be considered a maximum. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format:

W912PM19Q0001_ COMPANY NAME_VOLUME I

W912PM19Q0001_COMPANY NAME_VOLUME II

Attunity RepliWeb Managed File Transfer (A-RMFT). Offerors shall submit the proposals electronically via A-RMFT, a web-based filesharing system. A-RMFT is accessible at https://filetransfer.usace.army.mil, but Offerors must be invited from an internal USACE user before gaining access to the site.

To receive an electronic invitation, Offerors shall notify Contract Specialist KARRI MARES (910-251-4863) / karri.l.mares@usace.army.mil) via email of their intent to submit a proposal. This must be done NO LATER than seven calendar days prior to proposal due date. At a minimum, the notification shall include the Offeror’s name, CAGE code, DUNS number, and point-of contact information (email / primary phone) for the individual(s) that will receive the invitation(s). In response, an invitation will be sent for the purpose of A-RMFT account creation. Offerors may specify multiple individuals.

IMPORTANT: The invitation will expire after seven calendar days if it is not accepted. Additionally, once the invitation is accepted, user accounts will be set to expire after 7 days. This period can be extended by an additional 7 days if the user logs into their account before it expires, or if the user is sent another invitation. Be advised that non-USACE A-RMFT users can only deliver to the USACE recipients from whom they have received a package within A-RMFT. Offerors encountering problems with this registration process should contact the Contract Specialist listed above.

When completing the transmittal at the A-RMFT website, you will be asked to enter e-mail addresses for the recipients. For this solicitation, the recipients will be the Contract Specialist KARRI MARES (910-251-4863) / karri.l.mares@usace.army.mil and the Contracting Officer, Charlenne Figgins (910-251-4473)/charlenne.l.figgins@usace.army.mil. When the upload completes, the specified recipient will be notified. Offerors shall title the A-RMFT delivery (subject line), tailoring the highlighted font as appropriate: “COMPANY NAME PROPOSAL: W912PM19Q0001”.

Proposal due Date and Time:

Request For Proposal No: W912PM19Q0001 Due Date of Proposal: 15 February 2019 Time by which Proposals are due: 10:00 A.M. (Eastern Time) Title of Project: Penstock Door Replacement

Proposals are due as specified on the solicitation document (as amended if applicable). The time & date of proposal receipt will be the upload completion / delivery time & date recorded within A-RMFT. Do not assume that electronic communication is instantaneous. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. If an electronic submission is uploaded minutes before the deadline but the upload doesn’t complete until after the deadline, the submission will be considered late. Offerors are encouraged to keep a copy of the upload confirmation for their record.

Page Limitations: The following page limitations are established for each factor described above:

Factor 2: Past Experience – Limited to 20 pages (maximum of 3 forms) Factor 3: Welding Procedure Specification Factor 4: Past Performance - Limited to no fewer than one (1) and no more than three (3) projects. Individual project Past Performance Assessment Questionnaires shall not exceed four (4) pages; Government evaluators will review and evaluate only the information contained on the first four (4) pages.

REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS:

Each offeror must submit both a Price Proposal and Technical Proposal, in addition to Past Performance Questionnaires. The Price Proposal, Technical Proposal, and Past Performance Questionnaires must be submitted as separate volumes/files.

The Price and the Technical Proposals in addition to the Past Performance Questionnaires must be received by the closing date and time set for receipt of proposals.

No dollar amounts from the Price Proposal are to be included in the Technical proposal.

All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal. Do not cross-reference similar material in the Price Proposal, or vice versa.

Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal.

Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined “unacceptable” and thus ineligible for award. Should the offeror have any questions related to specific terms and conditions, these should be resolved prior to the submission of the offer.

The technical data criteria specified for each factor identified herein and as described in Appendix B shall be submitted as part of the proposal.

The offeror is responsible for including sufficient details in its proposal to permit a complete and accurate evaluation. Accordingly, the offeror shall be clear and concise in its proposal. The Government will not make assumptions concerning the offeror’s intent.

Failure to submit all the data required by the RFP, this Appendix and Appendix B, may be cause for determining a proposal incomplete and therefore may not considered for award.

VOLUME I: Offerors Certifications and Price (Factor 4): One (1)

One (1) electronic copy Adobe PDF file as tabbed per the table below shall be submitted and one (1) original copy of the bid guarantee in both electronic and hardcopy shall be submitted.

TAB CONTENTS OF THE PRICE PROPOSAL

TAB CONTENTS OF THE PRICE PROPOSAL

A The Proposal Cover Sheet B Standard Form 1442 C Acknowledgement of Amendments (If Applicable)

D FACTOR 4: PRICE

E Section 00 45 00 – Representations and Certifications F Teaming Arrangement (If Applicable) G Bid Guarantee (Bid Bond)

TAB A – The proposal cover sheet must be submitted by all offerors. The format for the proposal cover sheet is as follows:

PROPOSAL COVER SHEET

Offerors should ensure telephone number; fax number, e-mail address, DUNS number and CAGE Code are all included. DUNS number will be used to access Contractor Performance Assessment Reporting System (CPARS) data. Offerors should also provide any other assigned number that identifies them in the CPARS database. If a separate DUNS has been created for a joint venture (J-V) it must be submitted. The offeror should also submit their Tax ID number on the proposal data Sheet.

TAB B - If applicable - All amendments must be acknowledged by all Offerors and duly executed with an original signature by an official authorized to bind the company in accordance with FAR 4.102.

1. The solicitation number;

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

3. 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;

4. 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

5. Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that

TAB C - Price schedule is to be completed in its entirety by all offerors.

TAB D – Provide a fully executed Bid Bond as required by FAR Clause 52.228-1, Bid Guarantee.

TAB E - Section 00 45 00 – Representations and Certifications.

TAB F - Teaming Agreement, if applicable. Note to 8(a)—SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture.

For the purposes of this Request for Quote, please note that in accordance with (IAW) FAR 28.001:

“Bond means a written instrument executed by a bidder or contractor (the “principal”), and a second party (the “surety” or “sureties”) (except as provided in 28.204), to assure fulfillment of the principal’s obligations to a third party (the “obligee” or “Government”), identified in the bond. If the principal’s obligations are not met, the bond assures payment, to the extent stipulated, of any loss sustained by the obligee.”

Bonds shall therefore be executed in the name of the legal entity, whether a joint venture, partnership or the Prime Contractor of an informal teaming arrangement, with whom the government would enter into a contract for a successful offeror. The entity named on the bond must be able to acquire bonding capacity on its own merits, and not as the result of indemnification from a subcontractor or third party.

VOLUME II: Technical Proposal (Factors 1-3):

One (1) electronic copy Adobe PDF file as tabbed per the table below shall be submitted.

TAB CONTENTS OF THE TECHNICAL PROPOSAL

TAB CONTENTS OF THE TECHNICAL PROPOSAL

A Factor 1: Past Experience

B Factor 2: Welding Procedure Specification

C Factor 3: Past Performance

Offerors are cautioned that “parroting” of the Technical requirements or the Scope of Work with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

(End)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE contract resulting from this solicitation.

(End of provision)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

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

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Nick Wilson Telephone: 434-738-6633 x214

Section 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.222-22 Previous Contracts And Compliance Reports FEB 1999 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015

Section 00 70 00 - Conditions Of The Contract

52.202-1 Definitions NOV 2013 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-14 Limitations On Subcontracting JAN 2017 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items OCT 2018 52.246-12 Inspection of Construction AUG 1996 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.249-10 Default (Fixed-Price Construction) 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 252.203-7995 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements

DEC 2016

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

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

ITEMS) (OCT 2018).

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

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

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

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

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

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

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

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

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

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

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

(2) Listed below are additional clauses that apply:

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

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

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

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

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

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

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

(viii) 52.244-6, Subcontracts for Commercial Items (OCT 2018).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

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

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

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

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

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

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

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

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

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

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

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

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

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

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

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

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

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

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

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

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

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

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

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

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

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

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

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

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

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

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

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

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil http://www.acquisition.gove/far

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

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

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

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

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

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

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

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

(End of clause)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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

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

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

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

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

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

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

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

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

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

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

Cost of components means--

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

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

Domestic construction material means--

(1) An unmanufactured…