Solicitation_W912WJ19Q0133.pdf

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Fall Protection Railing Fabrication and Installation, Townshend Lake, Townshend, VT
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W912WJ19Q0133
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TOWNSHEND LAKE

DALE BERKNESS

3845 VT ROUTE 30

TOWNSHEND VT 05353

TEL: 978-318-8459 FAX: 802-874-4621

W13G86918227660001

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912WJ19Q0133 04-Sep-2019 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

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

Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

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

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

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

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

TELEPHONE NO.

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

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

THIS RFQ 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)

16-Sep-2019(Date)

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

978-318-8324JENNIFER M SAMELA

(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

W912WJ19Q0133

Section B - Supplies or Services and Prices

INSTRUCTIONS TO OFFERORS

*SITE VISITS ARE HIGHLY RECOMMENDED PRIOR TO PROVIDING A QUOTE. SEE

CLAUSE 52.236-27 FOR ADDITIONAL INFORMATION.

*PLEASE DIRECT QUESTIONS TO JENNIFER M. SAMELA AT (978) 318-8324 or

JENNIFER.M.SAMELA@USACE.ARMY.MIL. ANY INFORMATION RECEIVED AT

THE SITE VISIT WHICH CONFLICTS WITH THIS SOLICITAION SHOULD BE

BROUGHT TO THE ATTENTION OF JENNIFER M. SAMELA. THE SOLICITATION

AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

**QUOTES CAN BE E-MAILED TO JENNIFER M. SAMELA AT

JENNIFER.M.SAMELA@USACE.ARMY.MIL.

NOTE 1: In accordance with FAR Part 28.102-1(c), 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. ***No payment protections are required for contracts less than $35,000 for construction.***

(i) Payment bond or

(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 names:

2. In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management (SAM) database (www.SAM.gov) to submit an offer. (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.

NOTE: SAM.gov registration takes approximately 3 weeks (DUNS registration 1-2 business days; CAGE code validation up to 10 business days; IRS validation and overall submission 7-10 business days). It is the contractor’s responsibility to track SAM.gov registration and follow-up with required tasks.

In addition, if you are registering a new entity in SAM.gov, you must provide an original, signed notarized letter stating that you are the authorized Entity Administrator. The Entity Administrator must establish a LOGIN.GOV account using the e-mail address that will be associated with the SAM registration. See https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/sam-update for additional information.

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 at the direction of the Technical Point of Contact. The APP must be accepted by the Government Designated Authority prior to the commencement of work.

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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job TL Parapet Fall Protection

FFP

Contractor shall furnish all labor, materials, equipment, and testing necessary to fabricate and install fall protection railings along the parapet wall of the Townshend Lake gatehouse in accordance with the Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: W13G86918227660001

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job TL Floor and Wall Fall Protection

FFP

Contractor shall furnish all labor, materials, equipment, and testing necessary to fabricate and install fall protection railings along the floor and wall of the removable hatches of the Townshend Lake gatehouse in accordance with the Statement of Work.

PURCHASE REQUEST NUMBER: W13G86918227660001

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

FALL PROTECTION EQUIPMENT INSTALLATION

U.S. ARMY CORPS OF ENGINEERS

TOWNSHEND LAKE

TOWNSHEND, VT

Statement of Work

I. General

1. Scope of Work

Provide all layout, materials, labor, testing, and equipment for performing all operations necessary to complete the following work at the Townshend Lake Gatehouse:

Provide and install approximately 160 linear feet of parapet guardrail along the rooftop perimeter.

Installation of three sections of removable floor and wall mounted guardrails with inward swinging safety gates for existing ladder access point floor hatches.

2. Location

The Townshend Dam is a flood control project located at Townshend Lake in Townshend, Vermont. The project office is located at 3845 Vermont Route 30, Townshend, Vermont 05353-9718. Refer to “Locus Map” for highways leading to project locations.

3. Site Visit

Contact the Technical Point of Contact, Dale Berkness, at the Ball Mountain Lake Project Office at 978-318-8459 or email Dale.H.Berkness@usace.army.mil to arrange a site visit.

4. Schedule

Work shall commence within 14 days after the Contractor receives the Notice to Proceed (NTP). The work shall be completed no later than 60 days after the NTP. The Government shall be given 7 days notice prior to the start of work. The project area will be open to the Contractor Monday through Friday 7:00 AM to 3:30 PM and all work must be done during those hours unless additional hours are approved by the Technical Point of Contact. No work shall be done on weekends or Government holidays.

5. 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 ordered from Superintendent of Documents, P O Box 371954 Pittsburgh, PA 15250-7954 (Tel: 202 783-3238). In addition, the manual may be viewed at the following link:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsMan ual.aspx

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.

Fall Protection General: The requirements of this section are applicable to contractors when their employees are working at heights above 6 feet, exposed to fall hazards, and/or using fall protection equipment. Every Contractor is responsible for establishing, implementing and managing a fall protection program in accordance with EM 385-1-1, Section 21.

Submittals: A site-specific Fall Protection and Prevention Plan is required to be submitted and approved by the GDA prior to any work being completed at heights. USACE can provide a non-mandatory, fillable template plan. However, the contractor is permitted to submit their own plan, at a minimum it must address the items listed in EM 385-1-1, Section 21.D.01:

i. Duties and responsibilities. Identify CPs and QPs and their responsibilities and qualifications;

ii. Description of the project or task performed;

iii. Training requirements to include safe use of fall protection equipment;

iv. Anticipated hazards and fall hazard prevention and control;

v. Location of anticipated anchorages that will be installed during the project;

vi. Rescue plan and procedures;

vii. Design of anchorages/fall arrest and horizontal lifeline systems:

viii. Inspection, maintenance and storage of fall protection equipment;

ix. Incident investigation procedures;

x. Evaluation of program effectiveness;

xi. Inspection and oversight methods employed.

A Competent Person (CP) shall be onsite at all times while work at heights is being performed. The CP must be designated in writing and be trained in accordance with EM 385- 1-1, Section 21.C.04. This includes a minimum of 24 hour CP in fall protection training made up of classroom and practical hands-on components.

NOTE: CPs may only approve non-certified anchorages that are capable of holding 5000 lbs.

All other anchorages and horizontal lifelines must be certified by a QP or engineer.

Personal Fall Arrest System Requirements (PFAS): All PFAS shall meet the requirements contained in ANSI Z359, Fall Protection Code, to include fall restrain and positioning systems. A PFAS consist of a full body harness, connecting means, and an anchorage system.

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 Project Manager and Quality Control

Personnel shall attend this meeting. This conference will be held at the time and location agreeable to the Government and Contractor. No work shall 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 procedures that will be followed by the Government in its administration of the contract, 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 contract work or obtain other pertinent information that might be required. At the Preconstruction Conference the Contractor shall provide the name of the project superintendent with a telephone number for project coordination.

The following is a general list of items for discussion during this Preconstruction Conference:

Authority of the Technical Point of Contact and Quality Assurance Inspectors.

Contractor’s Safety Program (including sub-contractors).

Accident Prevention Plan Weekly Safety Meetings (Documented on NED Form 251) Accident Reporting (ENG Form 3394) Safety Data Sheet (SDS) requirements Correspondence, Communication and Administrative Procedures.

Invoice and payment.

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 shall comply with all established security policies at Townshend Lake. 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.

9. Contractor Conduct

Alcohol and firearms are prohibited on project grounds. Contractor and employees shall comply with CFR 36 Rules and Regulations.

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 invoice date, contract number, dates of service, description of work, quantities, process, and total amount due per line item. For jobs greater than 30 days the Contractor may request progress payment.

All invoices may be mailed to:

U.S. Army Corps of Engineers 88 Ball Mountain Lane Jamaica, VT 05343-9713

Or emailed to: dale.h.berkness@usace.army.mil

II. Technical Requirements

Part 1 General:

1.1. Existing Conditions

The existing fall protection system at Townshend Lake consists of the following:

An approximately 24 inch high, 6 inch thick concrete parapet wall along the rooftop perimeter edge measuring approximately 54 feet by 28 feet.

Three sets of removable floor and wall mounted access cover guardrails consisting of a total of six, 2.25 inch diameter painted steel pipe posts with eighteen 5/16 inch chains for horizontal connections. Steel posts sit inside a 2.375 inch diameter hole.

Refer to the attached informational photos for examples of typical work areas. Work site is located on Dam Rd, adjacent to Vermont State Route 30 approximately a quarter mile north of the Townshend Dam Office.

1.2. Requests for Information

Requests concerning the work of this project should be directed to the Technical Point of Contact, Dale Berkness, at the Ball Mountain Lake Project Office at 978-318-8459 or dale.h.berkness@usace.army.mil.

1.3. Submittals

Although the Government technically reviews submissions required by this scope of work, 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.

Accident Prevention Plan (APP), including the following to be submitted and approved prior to start of work:

Fall Protection and Prevention Plan in accordance with ANSI Z359.2 and EM 385-1-1 Sect. 21.D.01

Rescue Plan in accordance with ANSI Z359.2 and EM 385-1-1 Sect. 21.D.01

Activity Hazard Analysis (AHA) Project Work Schedule Product Data: Submit product information and certifications at least 10 working days prior to commencing any work.

Detailed drawings showing dimensions, gauges of metal, and operational features including but not limited to hinges, mounting hardware, hatches, and guardrails.

Installer Qualifications Manufacturer Qualifications CPR and First Aid Certification

1.5. 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.

1.6. 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. The Contractor may use the sanitary facilities at the project but must proceed directly to and from the sanitary facilities.

1.7. Environmental

Environmental Protection Containers for excess and/ or waste materials, rubbish, etc. shall be provided by the contractor at the site, and the site will be inspected/ cleaned on a daily basis. No burning is permissible. Water, air and land resources shall not be adversely impacted during the course of the work. Contractor will take necessary steps to ensure all federal, state, and local environmental regulatory requirements are met. To the maximum extent possible all waste material shall be recycled in accordance with Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 2007), including any such programs adopted prior to the effective date of the Executive Order.

Sustainability EPA Designated: Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials, and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program for a complete list of designated products and the associated recommended contents levels.

Offerors must be able to demonstrate that each offered products meets minimum content levels upon request.

1.8. 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.

1.9. 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. The government may utilize sampling and unscheduled inspections. If any of the services do not conform to the contract requirements the contractor shall be required to perform the services again in conformity with the contract requirements at no expense to the government.

1.10. 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.

1.11. Receiving and Storing Materials

The Corps of Engineers will provide a storage area and parking for contractor personnel.

The Contractor is responsible for protecting any stored material until it is placed in service. The Contractor is responsible for receiving and unloading of delivered goods.

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

Part 2 Products

2.1. References:

EM385-1-1

o Section 21.F Standard Guardrail Systems o Section 24.D Floor, Wall, and/or Roof Holes and Openings

OSHA 3146-05R 2015

29 CFR 1926

ASTM A653/A653M

ASTM B209

ASTM B221

2.2. Parapet Roof Guardrails:

Contractor shall provide all materials, labor, and equipment necessary to install a guardrail system which will extend the height of the current parapet wall to meet current

USACE and OSHA Fall Protection Standards as outlined in EM385-1-1 Section 21 and OSHA 3146-05R 2015. See informational photos for existing conditions.

Materials

1. Guardrails and posts shall be fabricated of at least 1.5in nominal diameter

Schedule 40 steel pipe. All fittings and fasteners shall be fabricated of like materials.

2. All guardrail components shall be of domestic manufacture.

3. All rails, posts, fittings, and fasteners shall be hot dip galvanized in accordance with ASTM A653/A653M.

Specifications

1. Total height of guardrail and parapet wall, when measured at the uppermost edge of the top rail, shall be 42 inches (+/- 3 inches) vertically above floor level.

2. Post spacing shall be no farther apart than 8 feet on center.

3. Guardrail shall be surfaced as to prevent injury resulting from punctures, lacerations, or snags.

4. The ends of top rails and mid rails must not overhang terminal posts, except where an overhang poses no projection hazard.

5. Top rail shall be capable of withstanding, without failure, a force of 200lbs applied within 2 inches of the top edge in any outward or downward direction, at any point along the top edge. The above force, when applied in a downward direction shall not cause deflection greater than 3 inches nor to a height less than 39 inches above the floor level.

6. Existing lightening arrestor system will be removed, and remounted to top rail.

7. Lightening arrestor and guard rail will be grounded into existing system.

2.3. Removable Floor and Wall Mounted Guardrails:

Contractor shall provide all materials, labor, and equipment necessary to install three removable floor and wall mounted guardrail systems with outward swinging safety gates.

See informational photos for existing conditions.

Materials

1. Guardrails and posts shall be fabricated of at least 1.5in nominal diameter

Schedule 40 steel pipe. All fittings and fasteners shall be fabricated of like materials.

2. All guardrail components shall be of domestic manufacture.

Specifications

1. Guardrails shall extend 42 inches (+/-) 3 inches vertically above floor level measured at the uppermost edge of the top rail.

2. Mid rails shall be placed at the midpoint (21 inches (+/- 3 inches)) between top rail and floor level.

3. Post spacing shall be no farther apart than 8 feet on center.

4. Guardrail shall be surfaced as to prevent injury resulting from punctures, lacerations, or snags.

5. The ends of top rails and mid rails must not overhang terminal posts, except where an overhang poses no projection hazard.

6. Floor mounted hardware will sit flush with the walking surface so as not to present a trip hazard when guardrail is not in use.

7. Any wall mounted hardware shall not pose a projection hazard.

8. Each guardrail system shall be fitted with one inward swinging safety gate which positively latches in both the closed and open positions, and meets cited specifications when locked in the closed position.

9. All rails, posts and fittings shall be painted safety yellow.

10. Top rail shall be capable of withstanding, without failure, a force of 200lbs applied within 2 inches of the top edge in any outward or downward direction, at any point along the top edge. The above force, when applied in a downward direction shall not cause deflection greater than 3 inches nor to a height less than 39 inches above the floor level.

11. Mid rails shall be capable of withstanding at least 150lbs applied in a downward or outward direction without failure.

12. Guardrail system will meet all specifications as outlined in EM385-1-1 Section 21 and OSHA 3146-05R 2015.

Layout Considerations

1. Guardrails shall provide fall protection for gate chamber access hatches, and allow for hatches to be opened and closed from the side of hatch while guardrail is in position and safety gate is locked in the open position.

Part 3 Execution:

3.1. Quality Assurance:

Manufacturer and Installer Qualifications Manufacturer Qualifications: Engage a firm experienced in manufacturing fall protection equipment similar to that indicated for this Project and with a record of successful in-service performance.

Installer Qualifications: Engage an experienced installer who has completed installation of fall protection similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance.

Safety Equipment It is the contractor’s responsibility to furnish and supply personnel with the proper personal protective equipment and fall protection necessary for performing the work.

Workmanship The contractor shall establish and maintain a quality control system to assure compliance with the contract requirements.

3.2 Final Clean-Up:

Remove all debris, rubbish, and excess material from the work area.

ATTACHMENTS

PLEASE REFER TO THE ATTACHMENTS INCLUDED AT THE END OF THIS SOLICITATION FOR

ADDITIONAL INFORMATION.

FALL PROTECTION EQUIPMENT INSTALLATION

U.S. ARMY CORPS OF ENGINEERS

TOWNSHEND LAKE

Locus Map

June 2019

TOWNSHEND LAKE

Informational Photos

Existing Parapet Roof Railing

Informational Photos 1-2

TOWNSHEND LAKE

Informational Photos

Informational Photo 3 Existing Removable Guardrail

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ANP 1 TOWNSHEND LAKE

DALE BERKNESS

3845 VT ROUTE 30

TOWNSHEND VT 05353

978-318-8459

961604

0002 60 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

961604

Section H - Special Contract Requirements

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 NLT 5 calendar days after the completion of the training.

WAGE DETERMINATION

General Decision Number: VT20190022 06/14/2019

Superseded General Decision Number: VT20180022

State: Vermont

Construction Type: Building

County: Windham County in Vermont.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/04/2019 1 06/14/2019

CARP0108-007 08/31/2015

Rates Fringes

CARPENTER (Including Acoustical Ceiling Installation and Industrial Only; Excluding Drywall Hanging).........................$ 32.39 23.43

* IRON0007-002 03/16/2019

Rates Fringes

IRONWORKER, REINFORCING..........$ 26.01 22.57

SHEE0063-005 01/01/2016

Rates Fringes

SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 31.57 28.12

SUVT2011-007 02/10/2011

Rates Fringes

CARPENTER (Drywall Hanging Only)............................$ 23.00 5.94

CARPENTER, Excludes Acoustical Ceiling Installation, and Drywall Hanging..........................$ 16.48 0.00

ELECTRICIAN......................$ 20.24 7.27

LABORER: Common or General......$ 13.65 2.46

OPERATOR: Crane.................$ 19.50 6.08

PAINTER: Brush Only.............$ 16.11 4.14

PAINTER: Roller.................$ 16.11 4.14

PLUMBER (HVAC Pipe Installation)....................$ 25.35 5.79

PLUMBER, Excludes HVAC Pipe Installation.....................$ 24.04 8.25

ROOFER...........................$ 17.25 1.71

SPRINKLER FITTER (Fire Sprinklers)......................$ 22.50 6.08

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).

JAN 2019

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-27 Affirmative Action Compliance Requirements for Construction

APR 2015

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

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 AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 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 252.204-7000 Disclosure Of Information OCT 2016 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

252.225-7048 Export-Controlled Items JUN 2013 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 252.244-7000 Subcontracts for Commercial Items JUN 2013

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 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after notice to proceed. 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) (JAN 2019).

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

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

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

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

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

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

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

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

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

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

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

(2) Listed below are additional clauses that apply:

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

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

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

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

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

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

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

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

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

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

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

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

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

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

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

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

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

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

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

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

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

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

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

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

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

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

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

(A) Delivered;

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

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

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

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

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

or contracts for construction of buildings or facilities.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

http://farsite.hill.af.mil/

(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.

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