W912WJ-16-A-0015_BPA_Solicitation.pdf

25. TOTAL

CODE

17. ACCOUNTING AND APPROPRIATION DATA/ LOCAL USE

36. I certify this account is correct and proper for payment.

6. ISSUED BY CODE

9. CONTRACTOR

CODE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/ SERVICES

26. QUANTITY IN COLUMN 20 HAS BEEN

SIGNATURE OF AUTHORIZED GOVT. REP.DATE

DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

37. RECEIVED AT 38. RECEIVED BY 39. DATE RECEIVED

(YYYYMMMDD)

W912WJ-16-A-0015

1. CONTRACT/PURCH. ORDER/

AGREEMENT NO.

* If quantity accepted by the Government is same as quantity accepted below quantity ordered and encircle.

DELIVERY/16.

14. SHIP TO

W912WJ

DD Form 1155, JAN 1998 (EG) PREVIOUS EDITION MAY BE USED.

SEE SCHEDULE

2. DELIVERY ORDER/ CALL NO.

35PAGE 1 OF

5. PRIORITY

CODE

8. DELIVERY FOB

DEST

OTHER

(See Schedule if other)

MARK IF BUSINESS IS11.

SMALL

SMALL

DISADVANTAGED

WOMEN-OWNED

964145

MARK ALL

PACKAGES AND

PAPERS WITH

IDENTIFICATIO N

NUMBERS IN

BLO CKS 1 AND 2.

23. AMOUNT

27. SHIP NO. 28. DO VOUCHER NO.

PARTIAL

FINAL

32. PAID BY 33. AMOUNT VERIFIED

CORRECT FOR

31. PAYMENT

COMPLETE

34. CHECK NUMBER

PARTIAL

FINAL 35. BILL OF LADING NO.

40.TOTAL

CONTAINERS

41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.

ORDER FOR SUPPLIES OR SERVICES

3. DATE OF ORDER/CALL

2016 Sep 26

4. REQ./ PURCH. REQUEST NO.

SEE ITEM 6

FACILITY 10. DELIVER TO FOB POINT BY (Date)

SEE SCHEDULE

12. DISCOUNT TERMS

Net 30 Days

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

See Item 15

15. PAYMENT WILL BE MADE BY CODE

FINANCE AND ACCOUNTING OFFICER

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

This delivery order/call is issued on another Govt. agency or in accordance with and subject to terms and conditions of above numbered contract.

TYPE CALL

OF PURCHASE

ORDER

SEE SCHEDULE

X

7. ADMINISTERED BY

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

24. UNITED STATES OF AMERICA

TEL:

EMAIL:

CONTRACTING / ORDERING OFFICER

quantity ordered, indicate by X. If different, enter actual

BY:

1If this box is marked, supplier must sign Acceptance and return the following number of copies:X

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE

(YYYYMMMDD)

DATE SIGNED

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS

AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

Reference your quote dated

Furnish the following on terms specified herein. REF:

20. QUANTITY

ORDERED/

ACCEPTED*

21. UNIT 22. UNIT PRICE

DIFFERENCES

29.

30.

INITIALS

W912WJ-16-A-0015

Section B - Supplies or Services and Prices

BID SCHEDULE

BLANKET PURCHASE AGREEMENT

U.S. ARMY CORPS OF ENGINEERS

EQUIPMENT SERVICES

NAUGATUCK RIVER BASIN

Connecticut April 2016

Unit Price Schedule

DESCRIPTION UNIT 2016

PRICE

PRICE

PRICE

General labor per person HR

Multi terrain track loader (Cat 277Csize) with grapple bucket and bull hog type mulcher with operator

HR

Mini excavator with thumb attachment and grading blade with operator (JD 27 D size)

HR

Crawler Dozer (JD 450 size) with operator HR

Compact utility tracked skid steer ( Dingo TX type) with operator

HR

Tracked Excavator with hydraulic thumb bucket and Slash buster head with operator ( JD 135 or larger size)

HR

Hydraulic Truck Crane with clam or grapple bucket with operator and ground man ( 20 Ton Min)

HR

Motor Grader ( JD 670 Size ) with operator HR Vibratory Soil Compactor with operator HR

Self contained Mechanical Road sweeper HR

6-Wheel Dump Truck with operator HR

10-Wheel Dump Truck with operator HR

Off road dump truck 4X4 (5 CY min) with operator

HR

30 cubic yard roll off dumpsters for flood debris vegetation recycling

EA

30 cubic yard roll off dumpsters for Construction and Demolition Debris.

Contractor shall inspect, handle and dispose of material in accordance with Current Federal and State Regulations and

Guidelines

EA

Long reach excavator with shovel front.

Approximately 11’ wide and a 65’ reach.

HR

NOTES:

1. The Unit Price (HR) includes the Combined Labor Rate for the personnel and the equipment required to support the personnel.

2. A separate Bid Schedule may be provided for each Project Location or County to accommodate potential differences in pricing.

ADDITIONAL INFORMATION

-PLEASE DIRECT QUESTIONS TO SARA J. TORRES AT (978) 318‐8478 OR Sara.J.Torres@usace.army.mil .

THE SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

-QUOTES CAN BE FAXED OR E‐MAILED TO SARA J. TORRES AT (978) 318‐8478 or EMAILED AT Sara.J.Torres@usace@army.mil . E‐MAIL IS THE PREFERRED METHOD OF SUBMISSION.

IMPORTANT NOTE: Contractors must be REGISTERED AND ACTIVE in the System for Awards Management (SAM) database (www.SAM.gov ) BY 23-SEPTEMBER-2016 to be eligible for award. (formerly the Central Contractor Registration (CCR) database and the On‐Line Representations and Certifications (ORCA) (see DFARS clause 252.204‐7004 Alt A). Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla Firefox, Safari, and Internet Explorer are supported browsers.

NOTE: SAM registration may take up to 3 weeks to process.

Provide DUNS number: ___________________________ (telephone 866‐705‐5711 for DUNS)

Provide CAGE code: ____________________________

Provide TAX ID: __________________________

Per FAR Clause 52.212‐3 Alt I, the Contractor is required to complete the On‐line Representations and Certifications Application (www.SAM.gov) and paragraph (b) if applicable, or to complete paragraphs (c) thru (m) of this clause and return with quote.

POTENTIAL QUOTERS ARE NOTIFIED THAT THE BASIS ON WHICH AWARD WILL BE MADE IS

PRICE ALONE. ALL RESPONSIBLE SOURCES MAY SUBMIT A RESPONSE WHICH, IF TIMELY

RECEIVED, MUST BE CONSIDERED BY THE AGENCY. INVOICES SHALL BE SENT TO TECHNICAL

POINT OF CONTACT DELIVERY

BPA Master Dollar Limit: $250,000.00 BPA Call Limit: $25,000.00

Period of Performance: 26-Sep-2016 to 25-Sep-2019

FSC Codes:

Y1QA

Section C - Descriptions and Specifications

STATEMENT OF WORK

BLANKET PURCHASE AGREEMENT

U.S. ARMY CORPS OF ENGINEERS

EQUIPMENT SERVICES

NAUGATUCK RIVER BASIN

Connecticut June 2016

A. GENERAL:

1. Scope. The purpose of this Blanket Purchase Agreement (BPA) is to provide an indefinite quantity of Equipment Services. The Contractor shall furnish all labor and equipment necessary to complete each work order under this agreement. No single BPA call may exceed $25,000.00 in total cost. The BPA Master Dollar Limit is $250,000. The intent of this blanket BPA is to provide the government with a cost-effective rapid response way to maintain the U.S. Army Corps of Engineers facilities.

2. Locations – The Projects are located throughout Connecticut and include the following locations:

a. Black Rock Lake Project Office 350 Old Branch Road, Thomaston, CT 06787 (Litchfield County)

b. Colebrook River Lake Project Office 426 A/B Colebrook River Road, Colebrook, CT 06021 (Litchfield County)

c. Goshen Radio Relay Station

Hageman-Shean Road, Goshen, CT 06756 (Litchfield County)

d. Hancock Brook Lake 611 Greystone Road, Plymouth, CT 06782 (Litchfield County)

e. Hop Brook Lake Project Office 4 Straits Turnpike, Middlebury, CT 06762 (New Haven County)

f. Northfield Brook Lake 1550 Northfield Road, Thomaston, CT 06787 (Litchfield County)

g. Naugatuck River Basin Office

100 Allerton Farm Road, Middlebury, CT 06762 (New Haven County)

h. Stamford Hurricane Barrier 230 Elmcroft Road, Stamford, CT 06905 (Fairfield County)

3. Site Visits - Contact the Technical Point of Contact for each project location to arrange a site visit. The Technical Point of Contact for each location is as follows:

a. Black Rock Lake Goshen Radio Relay Station Northfield Brook Lake Thomaston Dam Project Manager, Vincent Gualtieri Phone: 978.318.8377 Email: Vincent.A.Gualtieri@usace.army.mil

b. Colebrook River Lake Project Manager, Steven Patchkofsky Phone: 978.318.8369 Email: Steven.D.Patchkofsky@usace.army.mil

c. Hancock Brook Lake Hop Brook Lake Naugatuck River Basin Office Stamford Hurricane Barrier Project Manager, Diana Errico-Topolski Phone: 978.318.8370 Email: Diana.J.Errico-Topolski@usace.army.mil

4. Schedule –

a. The BPA Base Year shall have a 12-month period of performance from the date of award. In addition, the Government may exercise two (2) optional years with the same scope of services. Each option year shall have a 12- month period of performance.

b. The Contractor shall provide a quote for each BPA Call request within 14 days of the initial contact by the Technical Point of Contact. The Contractor may receive additional time to provide the quote if it is pre-approved by the Technical Point of Contact.

c. Upon receipt of an executed BPA Call from the Government, the Contractor shall coordinate the start of the work no later than 14 calendar days after notification.

5. Workday – Project areas will be open to the contractor Monday through Friday 7:00 AM to 3:30 PM and all work must be completed during those hours unless additional hours are approved by the Technical Point of Contact. No work shall be done on weekends or

Government holidays unless approved by the Technical Point of Contact.

6. Safety – The Contractor shall comply with all pertinent provisions of the latest edition of the U.S.

Army Corps of Engineers Safety and Health Requirements, COE EM 385-1-1. A copy of COE EM 385-1-1 is available for reference at the project office or may be viewed at the following link:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf.

The Contractor shall also comply with all OSHA work safety standards. The project staff can and will order the cessation of work at any time should the safety of employees and visitors become jeopardized.

7. Pre-Work Conference – Upon award of the BPA and prior to the first BPA call, the

Contractor shall contact the Technical Point of Contact to arrange a pre-work conference.

The purpose of the conference is to enable the Technical Point of Contact to outline the procedures that will be followed by the Government in its administration of the BPA, and to discuss the performance that will be expected from the Contractor. This conference will allow the Contractor an opportunity to ask questions about the Government’s administration and inspection of BPA materials or other pertinent information that might be required.

The following is a general list of items for discussion during this Pre-work Conference:

i. Authority of the Technical Point of Contact

ii. Security and Access Control

iii. Contractor’s Safety Program

iv. Contractor’s Quality Control Plan

v. Contractor’s Equipment & Contractor Utilities

vi. Correspondence Procedure, Communications & Administrative Procedures

vii. Invoice and payment

NOTE: Work cannot begin until all safety paperwork is submitted and accepted by the Government.

8. Permits – The Contractor, without additional expense to the Government, shall be responsible for obtaining any necessary licenses, permits, and letters of certification. The Contractor shall comply with any applicable Federal, State, County, and Municipal laws, codes, and regulations in connection with the performance of the work specified under this contract.

9. Security – The Contractor shall comply with all established security policies at each Project Location identified. If applicable, Contractor shall comply with Projects Key Control Management Program. Due to periods of heightened security that may affect the access to the areas covered under this contract, areas may be subject to periodic closures, which in turn may reduce or inhibit the Contractor’s ability to access certain areas. During periods of heightened security, the Government reserves the right, at any time, to close any property or portion of property and reschedule and/or cancel any subsequent service in an area. The Contractor shall be given at least a 24 hour notice of any such closure.

10. Contractor Conduct – Alcohol and firearms are prohibited on project grounds.

Contractor and employees shall comply with CFR 36 Rules and Regulation.

11. Payment – Payment will be made on a per job basis. After final inspection and acceptance by the Government, the Contractor shall submit an invoice to the Technical Point of Contact. The invoice shall include the following: Invoice Date; Contract Number; Dates of Service; Description of Work; Quantities; Material/Supply Back-Up, and total amount due per line item. For jobs greater than 30 days the Contractor may request progress payment. The invoices for each project will be sent (via mail, email or fax) to the appropriate Technical Point of Contact:

The invoices for each project will be sent (mail, email or fax) to the appropriate Technical Point of Contact:

a. Black Rock Lake Goshen Radio Relay Station Northfield Brook Lake Thomaston Dam

i. Mail: 331 Hill Road, Rt 222 Thomaston, CT 06787 Attn: Vincent Gualtieri Phone: 978.318.8377

ii. Email: Vincent.A.Gualtieri@usace.army.mil mailto:Jennifer.J.Rockett@usace.army.mil

iii. FAX: 860.283.0303

b. Colebrook River Lake

i. Mail: Colebrook River Lake

P.O. Box 58 Riverton, CT 06065 Attn: Steven Patchkofsky Phone: 978.318.8369

ii. Email: Steven.D.Patchkofsky@usace.army.mil

iii. FAX: 860.379.6436

c. Hancock Brook Lake Hop Brook Lake Naugatuck River Basin Office Stamford Hurricane Barrier

i. Mail: 4 Straits Turnpike, Middlebury, CT 06762 Attn: Diana Errico-Topolski Phone: 978.318.8370

ii. Email: Diana.J.Errico-Topolski@usace.army.mil

iii. FAX: 203.723.9166

B. Technical Requirements:

General Requirement:

1. Requests for Information:

Requests concerning the work for each individual BPA call should be directed to the Technical Point of Contact for the specific project location.

2. Submittals:

Although the Government technically reviews submissions required by this PWS, it is emphasized that the Contractor’s work must be prosecuted using proper internal controls and review procedures. The documents identified below must be prepared in accordance with the applicable standards, submitted for review and accepted by the Government prior to the commencement of any field activities.

a. Accident Prevention Plan (APP) for the Base Year and annual for each Option Year.

b. Activity Hazard Analysis (AHA) for the Base Year and annual for each Option Year.

c. Certifications & Licenses for the Base Year and annually for each Option Year.

3. Clean Up:

The Contractor shall practice good housekeeping to maintain a safe job site. The Contractor shall keep the work area, including any storage areas, free from the accumulation of waste materials. Upon completing work in an area, the Contractor shall remove any tools, equipment, and materials that are not the property of the Government. Upon completion of work, the Contractor shall clean up the job site to the satisfaction of the Government.

4. Government Resources:

The Contractor is responsible for providing all materials to complete the project. Unless specified in the contract, the Government will not provide any equipment, water, electricity, telephone services or other resources.

5. Omissions:

This contract may not cover all specified activities, steps, and procedures required to supply the contract product. In case of omission, the normal industry, state or federal standards, practices, specifications, and/or guides shall prevail. In no instance shall an omission be reason to produce less than an acceptable and functional product.

6. Quality Assurance:

The Contractor is responsible for the quality control of the contract work. The Government has the right to inspect and test all items called for by the contract, to the extent practicable at all times and at all places during the term of the contract.

7. Other Contracts:

The Government may undertake or award other contracts for additional work not related to this contract, and the Contractor shall fully cooperate with other contractors and Government employees. The Contractor shall not commit or permit any act, which will interfere with the performance of work by another contractor or by Government employees.

8. Receiving and Storing Materials:

The Contractor is responsible for protecting any stored materials until they are placed in service. The Contractor is responsible for receiving and unloading delivered goods.

Government employees will not receive materials or supplies for the Contractor and will not be responsible for damage to Contractor equipment or materials.

Service Requirements

1. Summary

The Technical Point of Contact will provide a Performance Work Statement (PWS) to the Contractor to review and determine the level of effort required to complete the project. The Technical Point of Contact and the Contractor will negotiate the final PWS. The Contractor shall furnish the Technical Point of Contact a quote and detailed Supplies/Materials/Equipment list required to complete the final PWS. The work may likely include the following requirements:

Excavating and placing material on trail bike, hiking trails and park access roads dam and dikes.

Improving, repairing gravel roads or parking areas.

Clearing, loading, and hauling earth, rock and debris.

Cleaning drainage ditches/ lateral spreaders and culverts.

Installing drainage structures.

Clearing, loading, and hauling flood and other debris from dam areas and log booms.

Vegetation control in various areas.

2. Qualifications:

a. Experience:

i. The Contractor shall be able to demonstrate at least 3 years experience with heavy equipment operator services. The contractor must be able to identify material, equipment and labor needs for each job.

ii. The Contractor shall have sufficient personnel to adequately service up to two

(2) BPA Calls concurrently with fully-qualified personnel to satisfy the requirements of each BPA Call with no degradation in quality or supervision.

b. License and/or Certifications

i. All work shall be performed by Qualified Personnel

ii. The Contractor shall have the appropriate current license issued by the State of CT for the work required and shall obtain and comply with any other necessary licenses or permits prior to beginning any work.

iii. The Contractor shall provide documentation of the appropriate licenses and certifications to the Technical Point of Contact.

3. Equipment, Time and Labor:

a. Equipment Description:

The Contract shall provide the appropriate equipment and tools of the trade to execute the requirements of each BPA Call.

i. Compact Track Loader: machine similar to Cat 277C size bucket width 4-5’

ii. Mini excavator: machine similar to John Deere 27 D or larger

iii. Crawler Dozer: machine similar to John Deere 450J or larger

iv. Compact utility tracked skid steer ( Dingo TX type)

v. Tracked Excavator: minimum 30,000 pound with a 1 cubic yard or larger bucket

vi. Hydraulic Truck Crane with clam or grapple bucket with operator and ground man ( 20 Ton Min)

vii. Motor Grader ( JD 670 Size or smaller)

viii. Self contained Mechanical Street sweeper

ix. 6-Wheel Dump Truck: minimum 2 cubic yard capacity

x. 10-Wheel Dump Truck: minimum 14 cubic yard capacity

xi. Off road dump truck 4X4 (5 CY min)

xii. 30 cubic yard roll off dumpsters for flood debris vegetation recycling

xiii. 30 cubic yard roll off dumpsters for Construction and Demolition Debris.

xiv. Long Reach Excavator with shovel front .Approximately 11’ wide and a 65’ reach with the ability to handle loose woody debris and earth materials.

b. Labor:

The bid hourly rate for laborers will include standard work tools, such as shovels, rakes, trowels, hammers, saws, chainsaws etc. These tools along with appropriate safety equipment will be furnished by the Contractor included in the hourly cost to the Government.

c. Time:

Transportation and fuel costs to and from the project location shall be included in the hourly rate for the appropriate service.

i. Mobilization: The Government shall pay no more than one hour per piece of equipment at the bid hourly rate for delivery of equipment to the job site.

ii. Demobilization: Upon completion of a job and acceptance by the Government, the Contractor shall remove all equipment from Government property within 3 calendar days. The Government shall pay no more than one hour per piece of equipment at the bid hourly rate for removal of equipment from the job site. Demobilization will not be paid for equipment moved after 3 calendar days.

BPA Project Location Map

Section H - Special Contract Requirements

SECURITY REQUIREMENT

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact not later than 5 calendar days after the completion of the training.

The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the Technical Point of Contact not later than 5 calendar days after the completion of the training.

CLAUSES INCORPORATED BY FULL TEXT

52.231-5000 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995) – UAI

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost 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 EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region [insert Roman numeral for the appropriate region of the schedule]. 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, Rental Costs. 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 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 special contract requirement)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 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 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

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

AUG 2011

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work 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 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984

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 252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.227-7033 Rights in Shop Drawings APR 1966 252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives an executed BPA Call from the Government, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than what is required by the corresponding BPA Call. * The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

ITEMS) (JUN 2016).

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

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

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

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

(iii) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(iv) 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).

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

(vi) 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 (JUL 2013).

(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 (JUN 2016).

(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 2015) (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 (FEB 2016) (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 (MAY 2014) (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) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xi) 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)).

(xii) 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).

(xiii) 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).

(xiv) 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).

(xv) 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.

(xvi) 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).

(xvii) 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).

(xviii) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xix) 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.)

(xx) 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/vffara.htm

(d) [DELETED]

(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) [DELETED]

(g) [DELETED]

(h) [DELETED].

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238910 assigned to BPA contract number W912WJ-16-A-XXXX.

(Contractor to sign and date and insert authorized signer's name and title).

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 construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\ Item 1 Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2 Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.227-5001 PARTICIPATION OF FOREIGN NATIONALS IN USACE CONTRACTS

All contractor employees (U.S. Citizens and Non-U.S. Citizens) working under this contract who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, email) shall, at a minimum, be designated into an ADP-III position (non sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation.