A21 - AMD 0001 - W912PM24R0008 - Conformed Copy.pdf

W912PM24R0008

SEE ADDENDUM

(No Collect Calls)

W912PM24R0008 02-Aug-2024

b. TELEPHONE NUMBER

(910) 251-4804

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 02 Sep 2024

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 X 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.

W912PM9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DIANA D CURL

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

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

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

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 OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE CONTRACTING, WILMINGTON DISTRICT

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

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 W912PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W. KERR SCOTT RESERVOIR

TIMMOTHY TAYLOR

499 RESERVOIR ROAD

WILKESBORO NC 28697-7462

TEL: 336-921-3390 FAX: 336-9212330

(910) 251-4454FAX:

TEL: (910) 251-4804 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

561210

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Months

W. Kerr Scott Project O&M Off-Peak -FFP Operations and Maintenance Level I Services

Off-Peak months are defined in TP-1.21 in the attached technical provisions

FOB: Destination

PSC CD: S216

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 7 Months

W. Kerr Scott Project O&M Peak Months -FFP Operations and Maintenance Level I Services

Peak months are defined in TP-1.21 in the attached technical provisions

FOB: Destination

PSC CD: S216

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

Level II Services AT OR BELOW $5,000.00FFP Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2 Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

FOB: Destination

PSC CD: S216

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

Level II Services OVER $5,000.00 -FFP Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2 Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

FOB: Destination

1001 5 Months OPTION W. Kerr Scott Project O&M Off-Peak -FFP

Option Year 1

Operations and Maintenance Level I Services

Off-Peak months are defined in TP-1.21 in the attached technical provisions FOB: Destination

PSC CD: S216

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 7 Months OPTION W. Kerr Scott Project O&M Peak Months -FFP

Option Year 1

Operations and Maintenance Level I Services

Peak months are defined in TP-1.21 in the attached technical provisions FOB: Destination

1003 1 Job OPTION Level II Services AT OR BELOW $5000.00 -FFP

Option Year 1

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN

FOB: Destination

1004 1 Job OPTION Level II Services OVER $5,000.00 -FFP

Option Year 1

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

2001 5 Months OPTION W. Kerr Scott Project O&M Off-Peak -FFP

Option Year 2

Operations and Maintenance Level I Services

Off-Peak months are defined in TP-1.21 in the attached technical provisions

2002 7 Months OPTION W. Kerr Scott Project O&M Peak Months -FFP

Option Year 2

Operations and Maintenance Level I Services

Peak months are defined in TP-1.21 in the attached technical provisions

2003 1 Job OPTION Level II Services AT OR BELOW $5000.00 -FFP

Option Year 2

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

2004 1 Job OPTION Level II Services OVER $5,000.00 -FFP

Option Year 2

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

3001 5 Months OPTION W. Kerr Scott Project O&M Off-Peak -FFP

Option Year 3

Operations and Maintenance Level I Services

Off-Peak months are defined in TP-1.21 in the attached technical provisions

3002 7 Months OPTION W. Kerr Scott Project O&M Peak Months -FFP

Option Year 3

Operations and Maintenance Level I Services

Peak months are defined in TP-1.21 in the attached technical provisions

3003 1 Job OPTION Level II Services AT OR BELOW $5000.00 -FFP

Option Year 3

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2 Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

3004 1 Job OPTION Level II Services OVER $5,000.00 -FFP

Option Year 3

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

4001 5 Months OPTION W. Kerr Scott Project O&M Off-Peak -FFP

Option Year 4

Operations and Maintenance Level I Services

Off-Peak months are defined in TP-1.21 in the attached technical provisions

4002 7 Months OPTION W. Kerr Scott Project O&M Peak Months -FFP

Option Year 4

Operations and Maintenance Level I Services

Peak months are defined in TP-1.21 in the attached technical provisions

4003 1 Job OPTION Level II Services AT OR BELOW $5000.00 -FFP

Option Year 4

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order greater than $5,000.00 may be paid under this

CLIN.

**DO NOT BID THIS CLIN**

4004 1 Job OPTION Level II Services OVER $5,000.00 -FFP

Option Year 4

Unscheduled, Non-Routine Directed Services (including Emergencies) as defined in TP-2.27.2. Circumstances including but not limited to theft, vandalism, and acts of God. This may include unscheduled, non-routine maintenance as well as emergency services within the attached technical provisions. Only individual job orders approved by the COR will be paid under this CLIN. No individual job order less than or equal to $5,000.00 may be paid under this CLIN.

**DO NOT BID THIS CLIN**

TOTALS

NAME:

SOLICITATION NUMBER:

NAME OF PROJECT:

SUMMARY OF PRICE FOR BASE AND OPTION YEARS

This must be completed and attached to your quote.

Base Year – Off - Peak Price $ _____ Base Year – Peak Price $ _____ Base Year – Level II at or below $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Base Year – Level II over $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Base Year – TOTAL Estimated Contract Amount $ _____

Option Year 1 – Off - Peak Price $ _____ Option Year 1 – Peak Price $ _____ Option Year 1 – Level II at or below $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 1 – Level II over $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 1 – TOTAL Estimated Contract Amount $ _____

Option Year 2 – Off - Peak Price $ _____ Option Year 2 – Peak Price $ _____ Option Year 2 – Level II at or below $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 2 – Level II over $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 2 – TOTAL Estimated Contract Amount $ _____

Option Year 3 – Off - Peak Price $ _____ Option Year 3 – Peak Price $ _____ Option Year 3 – Level II at or below $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 3 – Level II over $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 3 – TOTAL Estimated Contract Amount $ _____

Option Year 4 – Off - Peak Price $ _____ Option Year 4 – Peak Price $ _____ Option Year 4 – Level II at or below $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 4 – Level II over $5,000.00 **DO NOT BID THIS CLIN** $ 25,000 EST Option Year 4 – TOTAL Estimated Contract Amount $ _____

TOTAL BASE AND ALL OPTION YEARS $

SOLICITATION NUMBER:

NAME OF PROJECT:

Man Hour Report – Summary of Costs by Year by Technical Provision

Technical Provision

Base Year

Off Peak

Base Year Peak

Option Year 1

Off Peak

Option Year 1 Peak

Option Year 2

Off Peak

Option Year 2

Off Peak

Option Year 3

Off Peak

Option Year 3 Peak

Option Year 4

Off Peak

Options Year 4 Peak

TP 2

TP 3

TP 5

TP 6

TP 7

TP 9

TP 10

TP 13

TP 14

Total Costs:

SOLICITATION NUMBER:

NAME OF PROJECT:

Man Hour Report – Summary of Productive Labor Hours by Technical Provision

Technical Provision

Base Year

Off Peak

Base Year Peak

Option Year 1

Off Peak

Option Year 1 Peak

Option Year 2

Off Peak

Option Year 2

Off Peak

Option Year 3

Off Peak

Option Year 3 Peak

Option Year 4

Off Peak

Options Year 4 Peak

TP 2

TP 3

TP 5

TP 6

TP 7

TP 9

TP 10

TP 13

TP 14

Total Hours:

Section G - Contract Administration Data

METHOD OF PAYMENT

(a) The Contractor shall submit to the Contracting Officer’s Representative, in such form and reasonable detail as the COR may require, two copies of his invoice for pay period supported by a statement of cost incurred by the Contractor in the performance of this contract and claimed to constitute allowable cost, in accordance with Section I, Contract Clauses.

(b) The Contractor shall submit payrolls in support of invoices.

(c) Promptly after receipt of each invoice or voucher and statement of the cost, the Government shall, except as otherwise provided in this contract, and subject to the provisions of (d) below, pay to the Contractor the cost of such services as determined by the Contracting Officer to be allowable in accordance with Part 31, subsection 31.2 of the Federal Acquisition Regulation (FAR) as in effect on the date of this contract, subject to such further definition and limitations as may be included in this contract, and a pro rata share of the base fee.

(d) At any time or times prior to final payment under this contract, the Contracting Officer may have the invoices and statements of cost audited. Each payment made shall be subject to reduction for amount included in the related invoice or voucher which is found by the Contracting Officer, on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for over-payment, or increased for under-payment, on preceding invoices or vouchers.

ADMINISTRATIVE DATA

(a) Following award, this contract will be administered by the Wilmington District Contracting Office. The name, address, telephone number, and email address of the Contracting Officer and Administrator are as follows:

Contracting Officer:

Troy D. Small 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4710 E-mail: troy.d.small@usace.army.mil

Contract Administrator:

Diana D. Curl 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4915 E-mail: diana.d.curl@usace.army.mil

(b) The Procuring Contracting Officer (PCO) is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the PCO. In the event the Contractor effects any such change at the direction of any person other than the PCO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(c) The Contracting Officers Representative (COR) is the official representative of the Contracting Officer for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract. The COR will be designated in writing upon contract award.

FEDERAL LEGAL HOLIDAYS

The following Federal Legal Holidays are observed by the US Army Corps of Engineers each year:

mailto:troy.d.small@usace.army.mil mailto:diana.d.curl@usace.army.mil

New Year's Day 1st day of January Martin Luther King's Birthday 3rd Monday of January Washington’s Birthday 3rd Monday of February Memorial Day Last Monday of May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veteran’s Day 11th day of November Thanksgiving 4th Thursday of November Christmas Day December 25th

PERMITS AND RESPONSIBILITIES

The contractor shall, without additional expense to the Government, obtain all licenses and permits required for the prosecution of the work. The contractor shall be responsible for all damages to persons or property that occurs as a result of this fault or negligence in connection with the prosecution of the work.

Section H - Special Contract Requirements

SAFETY AND HEALTH REQUIREMENTS

This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil/usacepublications/engineermanuals.aspx .

The Contractor shall be responsible for complying with the current edition and all changes posted on the web through the date that is 10 calendar days prior to the date offers are due. If the solicitation is amended to extend the time set for receipt of offers, the 10 calendar days rule stated above shall be applied against the amended date. (For example, if offers are due on 10 April, all changes posted on or before 31 March shall apply to the contract. If the time for receipt of offers is extended from 10 April to 20 April, all changes posted on or before 10 April shall apply to the contract.)

(End of Paragraph)

REQUIRED INSURANCE

(a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

1. Comprehensive and Employer's Liability Insurance: Coverage in an amount not less $100,000 or in the amount required by the State law in which the work is to be performed under this contract, whichever is greater.

2. Comprehensive General Liability Insurance: Coverage in an amount not less than $500,000 per occurrence.

3. Automobile Liability Insurance: $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 property damage liability.

4. Vessel liability: When contract performance involves use of vessels, the contracting officer shall require vessel collision liability and protection and indemnity liability insurance.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above-required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in the policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this subparagraph (c), in all subcontracts hereunder.

(End of Paragraph)

ELECTRONIC SOFTWARE

CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING WAGE RATE

REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS (APR 2011)

(a) The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

(b) If the contractor elects to use an electronic payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with the Wage Rate Requirements statute. When the contractor uses an electronic payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

(c) The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the Federal Acquisition Regulation (FAR);

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's RMS;

(5) demonstrated security of data and data entry rights;

(6) ability to produce contractor-certified electronic versions of weekly payroll data;

(7) ability to identify erroneous entries and track the date/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic payroll processing system shall be provided to the Government during contract closeout.

(d) All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services shall not be a separately bid or reimbursed item under this contract.

(End of clause)

SETTLEMENT OF PROPOSALS

Basis for Settlement of Proposals Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR) 49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation

(FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

(End of clause)

EQUIPMENT AND OWNERSHIP

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See Federal Acquisition Regulation (FAR) part 49.

(b) Allowable costs for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 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 AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-1 Alt I Small Business Program Representations (FEB 2024) Alternate I

FEB 2024

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

OCT 2020

52.219-18 Notification Of Competition Limited To Eligible 8(a) Participants

OCT 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 (Dev) Reporting, Reutilization, and Disposal (DEVIATION 2022-

O0006)

NOV 2021

252.245-7005 Management and Reporting of Government Property JAN 2024 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

Section M - Evaluation Factors for Award

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The following factors shall be used to evaluate offers:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

https://www.sam.gov/

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer;

and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated by awarding to the quote that is determined to offer the best value to the Government where a tradeoff in accepting a higher price will be considered for a superior technically rated offer.

Quotes will be evaluated using informal simplified acquisition source selection procedures.

EVALUATION FACTORS:

See “Evaluation Factors for Award for Services” below for more information.

1. Technical (Management Approach, Technical Solution, Transition)

2. Past Performance

3. Cost/Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised subject to revisions to prevailing labor rates provided by the Secretary of Labor. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all quotes relative to each other. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

EVALUATION FACTORS FOR AWARD FOR SERVICES

1. EVALUATION OF PROPOSALS

a. Conduct of Acquisition: This acquisition shall be conducted using the policies and procedures in the Federal Acquisition Regulation (FAR) Part 13 – Simplified Acquisition Procedures. The government will evaluate quotes and submittals in accordance with the evaluation scheme, factors and criteria in this section of the Request for Quotations (RFQ). The Contracting Officer (CO) shall select an Offeror for award using the best value analysis described in this section of the RFQ. Award will be made to the responsible contractor whose quote is responsive to this RFQ and is determined to represent the best value to the Government.

An offer will be eliminated from consideration prior to completion of evaluations if the submission is so deficient or incomplete as to be rendered unacceptable and to preclude a meaningful evaluation. For example, an Offeror’s submittal shall be deemed unacceptable if it does not represent a reasonable effort to address the minimum requirements of the Technical Provision. The Offeror will be notified in the event his or her quote and technical submission are eliminated from evaluation.

b. Best Value: Selection of the best value to the Government will be achieved through a process of evaluation of the strengths and weaknesses of each Offeror’s proposal in accordance with evaluation criteria stated in the RFQ. A Best Value selection basis reflects the Government’s willingness to accept other than the lowest cost/price if the perceived benefits of the proposal with the higher price merit the additional cost/price. Proposal evaluations will be conducted in accordance with the evaluation scheme and criteria stated below. The award decision will be made based on an integrated assessment of each proposal on a “tradeoff” basis between technical excellence, past performance and price (cost/price). The rationale for the tradeoffs between a higher cost or price proposal and the benefits obtained for that offeror’s technical proposal and past performance will be documented in the Selection Decision Statement. In making this integrated assessment of all offers, the Government strives to obtain superior performance rather than the lowest overall cost/price. However, the Government will not make an award at a significantly higher overall cost/price to the Government to obtain only slightly improved performance or past performance.

c. Number of Awards: The Government intends to make a single award as a result of this RFQ.

However, the Government reserves the right to make no award at all.

2. OVERALL RELATIVE IMPORTANCE OF EVALUATION FACTORS IS NOT APPLICABLE

UNDER SIMPLIFIED ACQUISITION PROCEDURES.

In accordance with 52.212-2, the following factors will be evaluated:

1. Technical (Management Approach, Technical Solution, Transition)

2. Past Performance

3. Cost/Price

The Government will not make an award to an Offeror whose evaluated price is disproportionate to the benefits associated with the evaluated superiority of one Offeror’s Technical and Past Performance submission over another. Therefore, to the extent that Offerors’ Technical and Past Performance are evaluated as similar in merit, then the Offeror’s Cost/Price is more likely to be the determining factor for award.

3. TECHNICAL EVALUATION (MANAGEMENT, TECHNICAL APPROACH, TRANSITION)

(a) The following categorical descriptions shall be used to derive an adjectival evaluation of the Offeror’s technical submission:

I. Outstanding: The Offer meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Evaluations resulting in outstanding ratings possess multiple significant strengths, no significant weaknesses, no deficiencies and only minor weaknesses. Outstanding submissions possess no omissions. The Offeror’s proposed approaches/solutions, when implemented, are expected to result in superior achievement of the Government’s objectives with low risk.

II. Good: The technical submission demonstrates the Offeror’s understanding of all of the requirements, and proposes innovative, cost-effective approaches or solutions that meet the requirements using standard industry practices, technologies, methodologies, and processes.

Offers evaluated with good ratings possess significant strengths, no significant weaknesses, no deficiencies and several minor weaknesses. The offeror’s proposed approaches/solutions, when implemented, are expected to result in the achievement of the Government’s objectives with low risk.

III. Acceptable: The technical submission demonstrates the Offeror’s understanding of the technical requirement, and proposes an approach that will meet the requirements using commercially acceptable industry practices, technologies, methodologies, and processes. The Offeror’s proposed approaches/solutions, when implemented, introduce moderate risk but are considered likely to produce performance results meeting the Government’s objectives. An Acceptable rating indicates that the proposed solution contains a number of strengths, and also some weaknesses, but all of the weaknesses are offset by the strengths.

IV. Marginal: The Offer does not clearly meet the requirements and has not demonstrated an adequate approach and understanding of the requirements. The Offer has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

V. Unacceptable: The technical proposal demonstrates that the Offeror does not understand the technical requirement; the Offeror’s technical approach is not technically feasible or is based upon outdated or risky technologies, methodologies, and questionable processes. The Offeror failed to meet minimum requirements specified in the solicitation. Proposals with unacceptable ratings have few or no strengths and several significant weaknesses and/or minor deficiencies, minor weaknesses and omissions. An unacceptable proposal fails to provide a reasonable, logical approach to fulfilling the Government’s requirements. An unacceptable proposal is one in which an unacceptable risk of performance failure exists and is considered unawardable.

(b) The Government will develop a separate adjectival rating for Evaluation Factor 1 – Technical based upon the three (3) subfactors- Management Approach, Technical Solution and Transition). Each subfactor will receive a separate adjectival rating.

4. PAST PERFORMANCE:

The following categorical descriptions shall be used to derive an adjectival evaluation of the offeror’s Past Performance:

I. Very Relevant: The Offeror’s record of past performance suggests that the

Government can expect superior performance and customer satisfaction with minimal risk. Past/present performance effort involved essentially the same scope and magnitude of effort and complexities required by this solicitation.

II. Relevant: The Offeror’s record of past performance suggests that the Government can expect successful performance and customer satisfaction with low risk.

Present/past performance effort involved similar scope and magnitude of effort and complexities required by this solicitation.

III. Somewhat Relevant: The Offeror’s record of past performance suggests that the Government may expect unsatisfactory performance and customer satisfaction.

Present/past performance effort involved some of the scope magnitude of effort and complexities required by this solicitation.

IV. Not Relevant: Present/past performance effort involved little or none of the scope and magnitude of effort and complexities required by this solicitation.

V. Unknown: No performance record is identifiable. This is a neutral weighting. It does not hinder nor help the offeror.

5. PRICE:

The Government will evaluate price to ensure it is complete, reasonable and realistic by verifying that all prices/labor rates and costs to the Government are in accordance with market prices and values. Each Offeror’s level of effort and mix of labor proposed will be evaluated to determine that the total price proposed is fair and reasonable. An adjectival evaluation of the offeror’s Cost/Price proposal will not be conducted.

6. THE GOVERNMENT WILL EVALUATE ALL PROPOSALS AGAINST THE FOLLOWING

FACTORS: The evaluation will be based on both the Offeror’s written technical and past performance proposal.

6.1 EVALUTION FACTOR 1- TECHNICAL (Subfactors are listed in descending order of importance).

6.1.1 Subfactor 1 – Management Approach

The Government will assess the offeror’s understanding of the program requirements and ability to manage all aspects in an efficient and effective manner that will achieve the program and mission requirements set forth in the Technical Provisions. The evaluation will also consider the degree to which the management approach provides for a sound partnering approach to complement core competencies, and service level agreements directly related to meeting or exceeding mission critical performance requirements. The Government will assess the offeror’s core competencies to perform and/or manage team members/subcontractors to provide an integrated approach to planning, organization and personnel required to achieve its mission objectives.

ORGANIZATION CHART: An evaluation of the Offeror’s organizational chart that shows the company structure, management personnel, and Individual responsibilities of contractor employees who will oversee and perform O&M services under this requirement at W Kerr Scott Dam and Reservoir for the base year and option years will be conducted. Along with the chart, evaluations will be conducted regarding qualifications for each management and quality control personnel position responsible for these services.

PERSONNEL AND HOURS: An evaluation of the Offeror’s personnel will be conducted to include the man-hours proposed for each position and number of employees with their job series (i.e. Project Manager, Foreman, laborers, etc.). A Man-hour report shall be completed for each Technical Provision in this contract for the purposes of this evaluation. The evaluation will take into consideration the number of hours and positions proposed as it relates to typical commercial practices and standards in conjunction with scheduled performance dates listed within each TP.

SOUNDNESS OF APPROACH: An evaluation of the Offeror’s methods, techniques, and approaches to accomplish all contract requirements will be conducted to determine the Offeror’s understanding of the requirements and capability in meeting the timelines within each TP. The Offeror shall address each Technical Provision and a description of how requirements will be accomplished in order to assist with this evaluation.

6.1.2 Subfactor 2 - Technical Solution

The Government will assess the quality of the proposed technical solution; determine the offeror’s understanding of and knowledge of the program mission, TP objectives, work requirements, and potential challenges which may occur as a result of performing the work; and the inherent risk and their mitigation in achieving the TP objectives. The Government will assess the offeror’s performance measures and metrics and monetary incentives and disincentives incorporated into its proposed Quality Assurance Plan.

QUALITY CONTROL: An evaluation of the Offeror’s methods and procedures in how quality control will be performed in terms of risk prevention measures will be conducted. These methods and procedures must include key personnel and timelines as necessary to demonstrate this element. In order to achieve potentially higher ratings, the Offeror must be able to clearly describe prevention measures as opposed to reactive measures.

EQUIPMENT & MATERIALS: An evaluation of the Offeror’s list of all proposed contractor furnished equipment to be used throughout this contract i.e. (Vehicles, mowers, heavy equipment, dump trucks, etc.)

will be conducted. This list must be able to show the quantities and equipment type as they will be used within each Technical Provision.