W912WJ-17-Q-0014.pdf

CAPE COD CANAL

JOHN MACPHERSON

PO BOX 1555 ACADEMY DRIVE

BUZZARDS BAY MA 02532-1555

TEL: 978-318-8176 FAX: 508-759-8923

W13G8662045915

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912WJ-17-Q-0014 29-Dec-2016 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

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

Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

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

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

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

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

TELEPHONE NO.

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

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

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

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

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

REQUEST NO.

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

10-Jan-2017(Date)

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

978/318-8720KIMBERLY B PUMYEA

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

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

W912WJ-17-Q-0014

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Replace Park Equipmement -CCC

FFP

Contractor shall provide all materials, equipment, and labor for removing and installing park benches and waste receptacles at Cape Cod Canal in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: W13G8662045915

PURCHASE REQUEST NUMBER: W13G8662045915

NET AMT

Section C - Descriptions and Specifications

NOTICE TO OFFERORS

*SITE VISITS ARE HIGHLY RECOMMENDED PRIOR TO PROVIDING A QUOTE. SEE CLAUSE 52.236‐27 FOR

ADDITIONAL INFORMATION.

*PLEASE DIRECT QUESTIONS TO KIM PUMYEA AT (978) 318‐8720 or kimberly.b.pumyea@usace.army.mil. ANY INFORMATION RECEIVED AT THE SITE VISIT WHICH CONFLICTS WITH THIS SOLICITAION SHOULD BE BROUGHT TO THE ATTENTION OF Ms. Pumyea. THE SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL CASES.

** QUOTES CAN BE FAXED OR E‐MAILED KIM PUMYEA AT (978) 318‐8720 or kimberly.b.pumyea@usace.army.mil. E‐mail is the preferred method.

NOTE 1: In accordance with FAR Part 28.102‐1(b)(1), the Contractor will be required to provide one of the following payment protections for all construction contracts greater than $35,000.00 but not greater than $150,000.00.

(i) Payment bond

(ii) Irrevocable letter of credit

A Payment Bond or Irrevocable Letter of Credit is the SELECTED payment protection for the Government. The penal amount of bond shall be 100% of the original contract price. If the contract price increases, the Government will require an increase in the penal sum of the existing bond. This bond shall be submitted to the Contracting Officer within 10 days after receipt of award.

NOTE 2:

QUOTATION INSTRUCTIONS:

1. If subcontractor will be used for this work, please provide company name and credentials/qualifications: ____________________________________________________________

2. Contractors must be registered in the System for Awards Management (SAM) database (www.SAM.gov) to receive an award. (Formerly the Central Contractor Registration (CCR) database and the On‐Line Representations and Certifications (ORCA).) Any reference to CCR or ORCA in any clause or provision is referring to the www.sam.gov website. Please note that Google and Google Chrome are not supported browsers for SAM registration. Mozilla FireFox, Safari, and Internet Explorer are supported browsers.

3. Provide business DUNS number: _______________________________ (phone 800‐333‐0505 for

DUNS).

4. Provide business CAGE code: __________________________________

5. Tax Identification Number: ___________________________________

6. Contractors shall provide completed FAR clause 52.204‐8 (Annual Representations and Certifications) found in Section K of this solicitation with their quote, if the Contractors have not completed their annual representations and certifications electronically via the SAM website at www.sam.gov. (See Paragraph 2 above)

7. Contractors are not required to submit an Accident Prevention Plan (APP) with their quote. The successful offeror will be required to submit this document upon award. The APP must be accepted by the Government Designated Authority prior to the preconstruction conference.

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.

SECURITY REQUIREMENTS

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 must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the Technical Point of Contact no later than 3 business days after the initial award.

STATEMENT OF WORK

REPLACE PARK EQUIPMENT AT BULKHEAD

U.S. ARMY CORPS OF ENGINEERS

CAPE COD CANAL

SANDWICH, MA

Scope of Work June 2016

I. General

1. Scope of work

Furnish all equipment, materials and labor to complete the following work:

a. Remove six existing park benches and four waste receptacles and install new park benches and waste receptacles in Area A shown on Figure 2.

b. Install four new benches at locations in Area B shown on Figure 3..

c. Install two new benches at locations in Area C shown on Figure 4.

2. Location

The work area is located on federal property at a recreation area on the Cape Cod Canal Project. The work area is located at the north end of Ed Moffitt Drive, Sandwich, Ma 02563, and at the east end of Ed Moffitt Drive (Canal Service Road), Sandwich, Ma 02563.

3. Site Visit

The work area is accessible to the general public. If needed, contact the Technical Point of Contact to arrange a site visit. The Technical Point of Contact for the project is John MacPherson. Phone 978-318-8176 or email John.C.MacPherson@usace.army.mil.

4. Schedule The work will be completed within 50 days after Notice to Proceed. The project area will be open to the contractor Monday through Friday, 7:00 AM to 5:00 PM and all work must be done during those hours unless additional hours are approved by the Technical Point of Contact.

5. Safety The contractor will 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.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsMa nual.aspx. The contractor shall also comply with all OSHA work safety standards. The project staff can stop work at any time should the safety of employees and visitors become jeopardized.

6. Preconstruction Conference

Prior to the start of any work, the Technical Point of Contact will schedule and conduct a “Preconstruction Conference”. The Contractor’s staff responsible for quality and safety on the job site will attend this meeting. This conference will be held at a time and location agreeable to the government and contractor. No work may be performed under this contract prior to this conference. The purpose of the conference is to enable the Technical Point of Contact to outline the requirements in terms of safety, quality, communications, schedule, inspections and payments.

7. Permits The Contractor shall, without additional expense to the Government, 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.

8. Security

The contractor will comply with all established security policies at the Cape Cod Canal Project. Potential periods of heightened security may affect access to work areas. During periods of heightened security, the Government reserves the right, at any time, to close any property and reschedule work. The Contractor shall be given at least 24 hour notice of any such closure.

9. Contractor Conduct

The work area is located on Federal property at a recreation area. Contractor and employees must act in a professional manner at all times. Alcohol and firearms are prohibited on project grounds.

10. Payment Payment shall be made after final inspection and acceptance by the Government. The Contractor must submit an invoice to the Technical Point of Contact that includes the name of contractor, invoice date, contract number, description of work completed, and total amount due. Final payment is made within 30 days.

All invoices may be mailed to:

US Army Corps of Engineers Cape Cod Canal Field Office PO Box 1555 Buzzards Bay, MA 02532 Attn: John MacPherson

Or Emailed to John.C.MacPherson@usace.army.mil

II. Technical Requirements:

Part 1 General:

Summary:

Furnish all equipment, materials and labor to:

a. Remove six existing park benches and four waste receptacles and install replacement new park benches and waste receptacles in Area A shown on Figure 2.

b. Install four new benches at locations in Area B shown on Figure 3.

c. Install two new benches at locations in Area C shown on Figure 4.

Proper collection and off-site disposal of all waste materials generated is included in the scope.

Requests for Information:

Requests concerning the work of this project should be directed to the Technical Point of Contact at the Cape Cod Canal Office at 978-318-8176 or John.C.MacPherson@usace.army.mil.

Submittals:

Contractor shall provide submittals that show pertinent details of proposed materials that allows confirmation the materials are in accordance with requirements listed in the Materials section of this SOW. Although the Government technically reviews submittals, it is emphasized that the Contractor’s work must be prosecuted using proper internal controls and review procedures.

Contractor submittals must be reviewed and accepted by the government prior to the commencement of any field activities.

Required submittals include:

1. Safety submittal that includes an Activity Hazard Analyses for all work that occurs onsite.

2. Benches: Include product specification sheets for benches, and fastening hardware for anchoring in concrete.

3. Trash and Recycling Receptacles: Include product specification sheets for receptacles and fastening hardware for anchoring in concrete.

Clean Up and Environmental Protection:

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. Upon completion of work, the Contractor shall clean up the job site to the satisfaction of the Government. The Contractor is responsible to prevent the release of any contamination and control of sediment during all fieldwork. The contractor shall immediately report any release of contaminants to the Technical Point of Contact.

Government Resources:

The contractor is responsible for providing all resources to complete the project. Unless specified in the contract, the Government will not provide any equipment or services.

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 product.

Quality Control & Quality Assurance:

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

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.

Receiving and Storing Materials:

The contractor is responsible for protecting all stored materials until they are placed in service.

The contractor is responsible for receiving and unloading of delivered goods. The government is not responsible for damage to contractor equipment or materials.

Part 2 Materials:

The listing of specific product names and manufacturers, unless otherwise specified, is to establish a standard of quality, characteristics and features. It is not to be construed as limiting substitutions. The contractor may propose substitute products that will be considered by the Government. The contractor shall provide sufficient information on proposed materials and time to allow the Government to evaluate the product in terms of equivalency. Substitute materials will be evaluated in terms of quality, features, performance and expected service life. Substitute products must be accepted by the Government prior to installation.

Gravel base material: Soil, stone or crushed rock material shall provide a well-draining and uniform sub-grade to support concrete. Gravel base shall be free of organic material, silt and clay.

Reinforcing steel materials: Steel mesh for the concrete pads shall be No 10 gauge with 6” x 6” dimensions complying with ASTM A 185. Only sheet mesh shall be used. Mesh from rolls shall not be used. The mesh shall rest on concrete bricks.

Concrete: Portland cement concrete shall be 4000 PSI air entrained mix supplied from a reputable quality mixing plant. Maximum size of course aggregate shall be ¾”. Water shall not be added to the concrete mix once onsite from the plant.

Benches: Shall be designed for exterior locations and heavy duty service. New slat boards shall be recycled plastic, ultra-low maintenance, and resistant to moisture, insects and scratches.

Benches shall be six foot length and surface mount type. Bench frame shall be powder coated steel. Seat and back shall be contoured. An acceptable bench is:

Alden 6 foot bench. Listed at: Thebenchfactory.com, Color-Cedar, Recycled plastic boards, surface mount. SKU- TBN-127

Waste and Recycling Receptacles: Shall be designed for exterior locations and heavy duty service. Ultra-low maintenance, and resistant to moisture, insects and scratches. Receptacles shall be minimum size of 38 gallons. Receptacles shall have a roof to shed rain. Receptacles shall have labels for “Trash” and “Recycling”. Acceptable receptacles are:

Terra Sideload Double Recycling Station. Listed at: Max-r.net, Color-Panels: Caramel (G); Trim: Black (B). 38 Gallon. Dimensions-45” x 23” x 39”. SKU#140-460-038.

Curved Roof. Labels-Left side: Trash; Right side: Recycle. Restrictive commingle opening on right side (recycle) only.

Environmentally Preferred Products Federal contracts for construction services require contractors to use or supply products covered by the following environmental programs:

1. EPA Designated Recovered Materials Products - Includes cement and concrete, flowable fill, and more. (http://www3.epa.gov/epawaste/conserve/tools/cpg/products/) for updates.).

2. BioPreferred - Includes air fresheners, cleaners, floor protectors, and more (https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml).

3. CPG - Includes toilet paper, plastic trash bags, recycling containers, and more (https://www3.epa.gov/epawaste/conserve/tools/cpg/products/index.htm).

Products that are identified as “environmentally preferable”, products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose, and bio-based will be selected over those which do not carry such designations. This comparison may consider raw materials acquisition, production, manufacturing, products and chemicals, packaging, distribution, reuse, operation, maintenance, or disposal of the product. The following factors to consider when selecting products include: environmental performance, cost performance, bio-based, recycled content, biodegradability, technical performance, and availability.

Part 3 Execution:

General:

Contractor shall dig safe the work areas. Work areas shall be maintained neat and orderly with debris picked up on a daily basis. The contractor is responsible to prevent the general public from encountering hazards associated with the work. Existing park features and utilities adjacent to work areas shall be protected from damage. The existing wood fence near the work area can be temporarily removed and reinstalled as needed to allow access to the work area.

Work shall be performed as required by rules, regulations, codes and laws of local, state, and federal governments. In cases where work is not specifically shown or specified, contract shall include miscellaneous items, appurtenances, devices and materials obviously necessary for a sound, secure and complete installation.

Demolition:

All debris from the project shall be removed and properly disposed. Any grass areas disturbed by the work shall be loamed and raked smooth. Space is available adjacent to the work area for a contractor provided dumpster if needed.

Concrete Pads:

In Area A, the contractor shall use the same locations of existing benches and receptacles for the new concrete pads. In Areas B and C, new pad locations shall match as shown on Figures.

Concrete pads shall provide a relatively flat surface with appropriate pitches that allow for surface drainage. The elevation of the pads shall generally follow the existing contour at the site.

Any low spots shall be filled with granular fill material. The proposed layout shall be approved by the onsite Technical Point of Contact.

Grass, rocks, existing concrete/ pavers and topsoil will be removed from the footprint of each concrete pad to a sufficient depth to provide space for installation of the gravel base. The existing pavers, concrete pads, benches and receptacles shall be removed and properly disposed offsite. The soil surface exposed after topsoil removal shall be flat and compacted to prepare it for placement of the gravel base course material. Excavation work in the vicinity of existing park features shall be done carefully.

A gravel base course shall be placed under the footprint of each concrete pad. The gravel layer shall be 6” thick after compaction. The gravel base shall be uniformly wetted and completely well compacted. The top surface of the installed gravel shall be uniform, free of any soft spots and graded to provide appropriate pitch for drainage (1/4” per foot).

Concrete forms shall be staked, braced and be of ample strength to resist springing during placement of concrete. Forms shall be straight, free of distortions, defects, and extend the full depth of the concrete. Form oil shall be a clear compound that will not discolor the concrete.

Each concrete pad shall be formed to provide the completed concrete work with an appearance of uniformity in surface contour and neat edges.

Steel wire mesh shall be positioned on concrete blocks mid-depth in the 4” thick concrete pads.

Concrete shall be placed on the foundation in such a quantity that after being consolidated into place, it is 4” in depth. Concrete shall be smoothed, edged with floating, brooming and finishing work performed. The finishing of concrete surface shall be done by experienced and competent cement finishers. The pads shall be finished with a light broom finish. After removal of forms, the area around concrete pad should be loamed and raked smooth to allow smooth transition between grass and pad.

Bench Installation onto concrete pads:

Benches shall be fully assembled and installed according to manufactures recommendations.

Concrete pad for each bench is 8’ x 5’. Fastening hardware for benches shall be stainless steel anchors and bolts.

Receptacle Installation onto concrete pads:

Receptacles shall be fully assembled and installed according to manufactures recommendations.

Concrete pad for receptacles is 6’ x 4’. Fastening hardware for receptacles shall be stainless steel.

WARRANTY: For a period of one (1) year from the date of complete installation, the contractor shall provide a warranty for satisfactory performance of the park equipment installed.

The manufacturer’s standard warranties for equipment shall also be transferred to the Government. Any deficiencies shall be corrected by the contractor at their expense during the warranty period

CLAUSES INCORPORATED BY FULL TEXT

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 notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 50 days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 dys. ADC 1 CAPE COD CANAL

JOHN MACPHERSON

PO BOX 1555 ACADEMY DRIVE

BUZZARDS BAY MA 02532-1555

978-318-8176 FOB: Destination

961306

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

52.222-50 Combating Trafficking in Persons MAR 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

52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

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

CLAUSES INCORPORATED BY FULL TEXT

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

ITEMS) (NOV 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 (SEPT 2016) (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 (Nov 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 2016) (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 (Oct 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://www.acquisition.gov/far/ http://farsite.hill.af.mil

(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

52.219-28 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 238990- assigned to contract number to be determined at contract award.

(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. The investigative requirements for an ADP – III position are favorable National Agency

Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF- 85P and submit to the U.S. Army Engineer District, New England, 696 Virginia Road, Concord, MA 01742-2751, Security Officer, within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted to access AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NAC’s and forward visit requests/results of NAC to the U.S. Army Engineer District, New England, 696 Virginia Road, Concord, MA 01742-2751 – Security Officer. For those contractors that do not have a Cage Code or Facility Security Clearance, the U.S. Army Engineer District, New England – Bldg 1, 696 Virginia Road, Concord, MA 01742-2751, Security Officer will process the investigation in coordination with the Contractor and contract employees.

In accordance with Engineering Regulation, ER-380-1-18, Section 4, foreign nationals who work on Corps of Engineers’ contracts or task orders shall be approved by HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or grounds maintenance services.)

The contractor shall submit to the U.S. Army Engineer District, New England, Contracting Division, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US.

Such documentation may include a U.S. Passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or…