Amendment 0007.pdf

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment is necessary to respond to RFIs, add a clause and Class Deviation, and extend the date for submitting RFIs. All other aspects remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 13

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Nov-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912WJ22R0014

X 9B. DATED (SEE ITEM 11)

21-Sep-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

15-Nov-2022

CODE

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

W912WJ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912WJ22R0014

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0007

Requests for Information

1. Please clarify the number of public meetings the contractor will be required to attend.

Two. Please see revised Specifications Section 01 20 00.

2. Please specify which building the Building Commissioning Plan refers to.

The requirement has been removed. Please see revised Specifications Section 01 32 01 – Project Schedule.

3. The fourth row of the table referencing confirmation samples shown on Drawing C-13 says only 1 sample per location but does not provide the depth of the samples. Please clarify the depth at which the confirmation samples are to be collected.

The depths at which confirmation samples are to be collected are listed below. Please see revised Specifications Section 01 41 00.

CB-1: 3-4 ft bgs

CB-2: 0-4, 4-9 ft bgs

CB-3: 6-7 ft. bgs

4. Section 02050, Demolition, Section 3.04, Demolition, Bullet C, instructs Contractor to remove and properly store all material and equipment contained within the storage building in a location to be designated by the Contracting Officer. Please confirm what type of equipment will be removed and if any equipment will require the draining of fluids and containerization prior to relocation.

Please see revised Specifications Section 02050.

5. Please clarify if the contractor is required to provide temporary storage containers for the contents of the storage building or will DMC provide storage space.

DMC will remove materials from the storage building prior to demolition. The Contractor will not be responsible for storage or removal of materials from the building.

6. Please provide hydraulic data for the shallow water-bearing zone (i.e., pump test or slug test data).

The results from 5 slug tests performed at DMC in 1982, as reported by USGS in Water Resource Investigation Report 94-4237, are attached (DMC Slug Tests.pdf). These wells (OW-2R, -3, -6/6R, -7/7R, and –8/8R, are shown on Dwg C-01, as well as on the attached figure. Additional information on dewatering assumptions is also provided in the updated appendices.

7. Due to the delay periods mentioned for the asphalt surface application after excavation completion (page 2740-5, 3.07A), it is anticipated that the asphalt surface will not be able to be applied until after May 15, 2024.

However, the specs state that all work must be completed within 365 days after Notice of Award. Is this the intent?

Also, can the asphalt price be indexed to allow for fluctuations in the petroleum market?

3.07A Permanent Surfacing on Page 2740-5 has been removed from Specifications. Please see revised Specification 02740 – Bituminous Concrete Paving.

8. Would a Prefabricated wood building be acceptable in lieu of a site-built structure for the replacement of the Paint Shed?

A prefabricated building will be acceptable. Please see updated Plans C-16A and Specifications Section 01 74 19, Section 01 71 23, Section 02050.

9. Drawing C-13 shows excavation over concrete pad to edge of building. Based on sitewalk, it appears there is a loading dock w/in footprint/over pad. Please confirm if loading dock is outside the excavation footprint. If included in excavation footprint, please provide loading dock work-around/demolition/replacement requirements.

The shed/lean-to structure shall be disassembled, concrete pad removed, and the soil excavated, as shown on the plans. The concrete pad shall be replaced and the shed replaced, either with the same materials or in-kind. Please see revised Specifications Section 02050.

10. Government shows two different locations for temporary water treatment plant. Please advise whether Contractor can place in a central location to minimize relocation.

The Contractor can place the water treatment equipment in a central location to minimize relocation between project phases. Please see revised Specifications Section 02245.

11. Section 01 41 00 Table 01 41 00-1 Sampling and Analysis Summary - Please clarify the definition of “batch” relating to Treated Construction Water as stated in Section 01 41 00 Table 01 41 00-1.

Batch refers to a defined amount of water that is treated, tested, and subsequently discharged. Another way of saying this is “one sample per container/vessel must be tested prior to discharge.“

12. Reference drawing C-10, Note 1. “Shed shall be demolished and replaced in kind in a location to be determined”. Please advise the estimated location where shed is to be installed in order to determine access to the foundation preparation required, etc. Also provide new shed construction requirements.

See response to Question 9.

13. Item Numbers 0012 and 0013 - Measurement and Payment refer to Schedule D – List of Subcontractors.

Schedule D was not provided in the attachments provided on the website. Please clarify whether the reference to Schedule D is related to a list of United States Army Corps of Engineers preferred/approved subcontractors or whether Schedule D is a list of subcontractors included in the offeror’s submittal.

The Government does not have preferred/approved subcontractors. References to Schedule D have been removed from Specifications Section 01 22 00.

14. Section 02740 (Bituminous Concrete Paving) identifies the use of a 4,000 psi compressive strength (concrete for walks) and shall conform to Section M.03.01 Class C Concrete. The CTDOT Class C concrete is a 3,300 PSI at 28 days and does not align with the 4,000 psi requirement. Please clarify which requirement shall be required.

Please see revised Specifications Section 02740. Class F concrete will be required.

15. Section 01 35 29.13, Part 1.5.2.1 (a) identifies that the Site Safety and Health Officer Qualifications "A minimum of 3 years' experience in implementing SOH programs at HTRW sites where Level B personal protective equipment was required.” As this site does not constitute any level B work, can the requirement for Level B experience be omitted?

Please see revised Specifications Section 01 35 29.13. Requirement has been changed to Level C.

16. Are any groundwater pump tests or information regarding groundwater recharge rates available?

See response to Question 6.

17. Can you provide the size of the existing electrical service to the building?

a) Electrical service size fed from utility transformer A (Amperage & Voltage). – 2000 amps – 277/480v wye 4 wire – 3 phase 750 kva

b) Electrical service size fed from utility transformer B (Amperage & Voltage). 2000 amps – 277/480v wye 4 wire – 3 phase 750 kva

c) Transformer B service to Panel B (Amperage & Voltage). We believe it to be 5 sets of 500 kcmil Copper

d) Electrical feeder size for Panel A (Amperage & Voltage). We believe it to be 3 sets of 500 kcmIL Copper

e) Electricity provider to the Durham Manufacturing Company is Eversource Energy

18. 02050 Demolition – 1.01.A The existing shed is to be demolished and replaced in-kind. Please clarify the utilities that currently servicing the shed that will need to be replaced (e.g. water, electric, gas, heat, sewer, drain, etc.). Please confirm that all of the contents are to be removed and temporarily stored prior to demolition, and that no characterization, off-site transportation, or disposal of the shed contents is required.

See response to Question 9.

19. Section 002245-5, 3.04 says the following: No Construction Water shall be discharged until the Contractor has demonstrated that it meets regulatory requirements. In the event that stored water does not meet discharge criteria, it shall be re-treated to meet discharge criteria and re-tested prior to discharge.

Section 02240-1, 1,02, A, says the goal is to continually dewater the excavation.

Section 01 41 00, Table 01 41 00-1 indicates that treated water must be tested 1 per batch.

Considering the conflicting language presented in the specifications, it is unclear if the contractor can start the dewatering system and start discharging immediately while collecting samples at a certain frequency over the course of operations to prove discharge limits are being met or if the contractor must pump water into storage tanks then stop dewatering while the tanks are sampled and then wait for lab results before discharging which would significantly impair the dewatering process.

Please clarify if the contractor can start the dewatering system and immediately start discharging to the storm sewer while collecting samples of the treated effluent throughout the course of operations to determine if the system is meeting discharge limits.

Another point of clarification – please clarify if the contractor would be required to set up a batch test prior to beginning dewatering operations which would entail setting up the dewatering treatment system several weeks before excavation, extracting water and storing that water in a frac tank, sampling the treated water to prove that the treatment system is working properly, discharging the treated water once lab samples confirm that the system is working properly to meet discharge limits, and then starting full-time continuous dewatering with effluent sampling throughout the system operation.

The Contractor shall maintain the water table below the excavation when removing soil and backfilling.

Dewatering does not need to occur at other times.

It is assumed that groundwater can be managed with two frac tanks. For example, groundwater could be pumped into one frac tank, then sent through the treatment system and into the second frac tank, where a sample could be collected and then water discharged after sample results prove that treatment system is functioning as intended.

Please reference revised Specifications Section 02240 – Dewatering and Section 02545 – Construction Water Treatment.

20. Will the Army extend the bid deadline to Monday November 21, 2022?

Bid deadline was extended to December 2, 2022 by Amendment 0006.

21. Specification 02245 section 2.01A lists “separation and recovery of DNAPL products”, and separately lists “VOC removal”. Please clarify of intent of “recovery” of DNAPL products?

The intent is to remove DNAPL so it will not be discharged to the environment.

22. See 02740, 3.07.B.1 states in part "The pavement surrounding and including the excavation shall be milled to a depth of 2-in. and shall extend a minimum of 10 ft. beyond the edges of the original trench line, from the centerline to the curb as specified." In addition, Drawing C-17 Details, Detail 5 illustrates a "Pavement Restoration Detail" with no milling and a "Pavement Milling and Overlay Detail" with milling and overlay. Please clarify where each detail applies to this work.

No milling is required. Please see revised Specifications Section 02740, 3.07.B.1 and Plan C-17.

23. A 100-gpm flow rate was provided within Specification Section 02245 – Construction Water Treatment.

Can a different size system be proposed?

The 100-gpm flow rate was removed from Specifications Section 02245.

24. From Specification 02245-1. 1.03 (C) Submittals: “Contractor shall submit to the Contracting Officer for review all analytical test results for effluent water samples and shall not discharge any treated water until approved by the Contracting Officer.”

Does this discharge requirement approval pertain to the initial volume of water or will this be an ongoing requirement? If an ongoing requirement, this will require excessive effluent storage requirements if the system is being designed for 100 gallons per minute?

Discharge will have to be tested and approved prior to discharge. Please reference updated Specifications Section 02245 and Section 02240.

25. Can you provide a detail for the replacement curb that’s to be installed at the edge of the asphalt post-excavation? Existing curb appears to be asphalt.

Please see revised Plan C-17 for detail.

26. Reference Amendment 0003, Q&A 71 – “Contractor will employ a uniformed police officer to be at the site to direct traffic on Main Street”. Please confirm this is only required for days when disposal of excavated materials from the Site occurs, as per Spec Section 02120 covers (and does not include days for any/all other ingress/egress of tractor trailers/large haul trucks (i.e., for backfill/stone/ZVI material transport, heavy equipment/temp facility mobs/demobs, etc.); or is this a daily requirement for the entire contract scope? Same goes for next sentence regarding “dedicated flaggers”…please define “as necessary”, as the facility grounds particularly the back areas were heavily trafficked by DMC personnel/vehicles/equipment during the site walk. Will these areas be prohibited by government personnel during this project. Superfund projects and ACM/lead abatement/disposal will require exclusion zones that will shut these DMC work areas down. Please confirm/clarify.

Specifications Section 02120 has been updated to remove the requirement for a uniformed police officer and replace it with a dedicated flagger to direct traffic on Main Street as well as to protect workers from trucks entering and existing the site.

27. Reference Specification 02240-1, 1.02(A) – “Once excavation dewatering begins, they are to continue for 24 hours per day and be able to dewater the steady state recharge to the prescribed elevations for the full duration of the excavation and backfill activities.” Does the dewatering (and water treatment) daily Estimated Quantity include weekends? Or is expectation that dewatering is only required Monday thru Friday?

Dewatering need only occur during excavation and backfill. Please reference revised Specifications Section 02240 – Dewatering.

28. Reference Drawings C-10 and C-11 – Being the Water Treatment Plant is in the same location for Phases 01A and 01B, can the contractor assume the Discharge point for 01A is the same as 01B? Please clarify.

Confirmed, it is the same.

29. Reference measurement and payment CLIN 0017 for “Paint Shed Restoration”, “All costs for labor, equipment and materials required to replace the paint shed in-kind and restore utilities to the paint shed”, yet Note one (1) on Drawing C-10 states “No utility reconnection is required”, please clarify if and what utilities are required for the paint shed.

Please see updated Plans C-16A and Specifications Section 01 74 19, Section 01 71 23, Section 02050.

30. Drawing C-06 – An electrical line is shown aligning entire north side of DMC facility, running west-east to the “de-energized” Panel “B” in adjacent existing building. This line is not depicted on any other drawings, except for C-07 where a portion shows as new conduit running from Panel B to Building Main Panel of existing DMC building. Please advise whether this line exists, active or dead, where it comes from/goes to, and/or whether it needs to be removed/replaced during Phase 01A (and/or 01B) work, and if active, requires temp power to Panel “B” during Phase 01A and 01B work.

Assume electric line is active and that it will need to be removed, replaced, and tied into temporary power.

Actual status of this line will be determined during utility survey.

31. Monitoring Well data in Appendix 5, Section V only includes well depth and screen interval. Please provide diameter of replacement wells to be installed.

Replacement wells will have a 2-inch diameter. Please reference revised Specifications Section 02520 – Well Installation and Preservation.

32. Section 02240 – Part 1.02 indicates that “Once excavation dewatering begin, they are to continue for 24 hours per day and be able to dewater the steady state recharge to the prescribed elevations for the full duration of the excavation and backfill activities and Section 02245-3, Part 2-02(A) States “Contractor shall provide adequate system controls to permit unattended operation with occasional operator checks for monitoring and adjustments, however a contractor representative must be on site during all times of system operation.”

Is it the intent of the contract for supervision of the groundwater treatment system to be fully staffed 24 hours per day even though the system will be automated to operate autonomously?

It is not the intent that the groundwater system operate 24 hours a day. Please reference revised Specifications Section 02240.

33. The Contractor shall provide a water treatment system capable of treating water generated during construction dewatering (described in Specification Section 02240 – Dewatering) to the effluent standards required to comply with the intent of the Connecticut General Permit for the Discharge of Groundwater Remediation Wastewater Directly to Surface Water and any other applicable State and Federal discharge permits, prior to discharge to an on-site storm drain.

Is it the intent of the groundwater treatment system to meet all of the sampling discharge requirements of the Connecticut General Permit for the Discharge for Groundwater Remediation Wastewater to Surface Water or specifically the volatile organic compounds portion of the General Permit? No information pertaining to semi-volatile organics (SVOCs), petroleum hydrocarbons, pesticides, herbicides, PCBs, ammonia, chlorine, cyanide, amenable cyanide and radioactivity was provided in the bid package. In addition, limited metals analysis was provided in the bid package. Is the Contractor to assume that only VOC treatment is required or is a treatment system design for all permit parameters necessary?

Reference Specifications 02245 Section 2.01 which states that Contractor shall provide a system capable of performing the following unit processes functions:

1. separation and recovery of DNAPL

2. influent water storage

3. removal of suspended soils

4. removal of VOCs and

5. effluent water storage and discharge flow metering

34. Please provide a follow-up site to allow contractors the opportunity to evaluate both the exterior site features and the interior DMC facility conditions. This will allow further clarification of site conditions.

The Government does not anticipate conducting any additional site visits. As at the site visit on 16 September 2022, offerors remain unable to access the buildings on site and there have been no significant changes to the field where work will occur.

35. The response to question 59 in Amendment 0005 indicates we are to use the provided durations in the Bid Schedule as the basis for the estimate and if the quantities (duration is different actuals will be compensated).

Additional questions related to this response:

Are we to use the provided quantities for non-duration activities (i.e. Tons, CY) as the basis of estimate?

If the quantities for the bid items are different than the quantities provided on the BID SCHEDULE will the fixed fee be adjusted?

Offerors should use the provided quantities for non-duration activities as the basis of estimate. The fixed fee does not vary with actual cost, but may be adjusted only as a result of changes in the scope of work to be performed under the contract.

36. Where is the gas supply located that services building DMC A and DMC B?

Please reference Plans C-08 for approximate location of new gas line and connection.

37. The specification says the Contractor shall furnish a discharge pump with sufficient flows and pressures to achieve the maximum discharge rate of 100 gallons per minute. Considering that a flow rate greater than 100 gallons per minute may be required, please clarify the maximum flow rate that the stormwater system can handle.

Please see response to Question 23 and Question 24.

38. Bid Items 8 and 9 both are related to dewatering. The descriptions of the tasks to be performed in Section 02240 – Dewatering and Section 02245 – Construction Water Treatment are very similar and have overlapping tasks. It is unclear from the descriptions in Sections 02240 and 02245 how to assign specific parts of the dewatering process to Bid Items 8 and 9. For the purpose of accurately allocating the costs, please clarify which tasks related to dewatering should be included in Bid Item 8 – Dewatering and which tasks should be included in Bid Item 9 – Water Treatment Operations.

Please reference revised Specifications Section 02240, Section 02245, and Section 01 22 00. Item 8 should include all costs for labor, equipment, and materials required to dewater the excavation when necessary.

Work includes, but may not be limited to: set-up of, operation, relocation of (if necessary), removal and operation of dewatering pumps and construction water control, transmission and storage equipment. Set-up, operation, relocation, and removal of all temporary sumps, manholes, pumps and piping required to divert stormwater around the excavation area. Item 9 should include all costs for labor, equipment, and materials required to construct and operate the water treatment plant. Work includes, but may not be limited to mobilization, setup decontamination and removal of all water treatment system equipment, materials and personnel.

39. The specification says the Contractor shall furnish a discharge pump with sufficient flows and pressures to achieve the maximum discharge rate of 100 gallons per minute. Please clarify if the contractor can propose a different size system once all data are evaluated.

See response to Question 23.

40. Section 002245-5, 3.04 says the following: No Construction Water shall be discharged until the Contractor has demonstrated that it meets regulatory requirements. In the event that stored water does not meet discharge criteria, it shall be re-treated to meet discharge criteria and re-tested prior to discharge.

Section 02240-1, 1,02, A, says the goal is to continually dewater the excavation.

Section 01 41 00, Table 01 41 00-1 indicates that treated water must be tested 1 per batch.

Considering the conflicting language presented in the specifications, it is unclear if the contractor can start the dewatering system and start discharging immediately while collecting samples at a certain frequency over the course of operations to prove discharge limits are being met or if the contractor must pump water into storage tanks then stop dewatering while the tanks are sampled and then wait for lab results before discharging which would significantly impair the dewatering process.

Please clarify if the contractor can start the dewatering system and immediately start discharging to the storm sewer while collecting samples of the treated effluent throughout the course of operations to determine if the system is meeting discharge limits.

Another point of clarification – please clarify if the contractor would be required to set up a batch test prior to beginning dewatering operations which would entail setting up the dewatering treatment system several weeks before excavation, extracting water and storing that water in a frac tank, sampling the treated water to prove that the treatment system is working properly, discharging the treated water once lab samples confirm that the system is working properly to meet discharge limits, and then starting full-time continuous dewatering with effluent sampling throughout the system operation.

See response to Question 19.

41. The specification says the Contractor shall provide a water treatment system capable of treating water generated during construction dewatering (described in Specification Section 02240 – Dewatering) to the effluent standards required to comply with the intent of the Connecticut General Permit for the Discharge of Groundwater Remediation Wastewater Directly to Surface Water and any other applicable State and Federal discharge permits, prior to discharge to an on-site storm drain.

BOD Section 6.3 says that under CERCLA, no discharge permit would be required to discharge to a storm drain.

Please clarify if the contractor is required to obtain a permit to discharge treated groundwater to the on-site storm drain.

Under CERCLA, no discharge permit is required, but the substantive requirements of the permit must be followed. Therefore, no actual permit is needed, but discharged water must meet regulatory standards before discharge.

42. Please extend the period for questions to at least one week following receipt of the next Amendment.

The due date for RFIs is hereby extended to 18 November 2022.

Amendment 0007

When Notes in revised Plans titled “100% DESIGN DMC STUDY AREA REMEDIATION” dated 08 November 2022 state “The Contractor must submit a temporary utility plan for review by the Engineer prior to the start of excavation activity”, assume the text reads “The Contractor must submit a temporary utility plan for review by the Contracting Officer prior to the start of excavation activity.”

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PLANS AND SPECIFICATIONS

The following documents are considered incorporated into this solicitation and resulting contract, unless otherwise amended:

1. Specifications updated 08 November 2022 (including Submittal Register)

2. Specification Appendices updated 08 November 2022

3. Section 01 22 00 dated 1 September 2022

4. Plans entitled “100% Design DMC Study Area Remediation” updated 08 November 2022

5. Basis of Design updated June 2022

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SITE VISIT INFORMATION

**NOTE** In accordance with FAR 4.1102(a), all Offerors must have an ACTIVE SAM.gov registration prior to proposal submission. Joint Ventures must review and complete Class Deviation 2023-O0001 and FAR 52.219-1.

***NOTE*** Offerors must provide at least 150 days for acceptance of the proposal.

***NOTE*** Requests for Information (RFIs) should be received no later than close of business on October 28, 2022 November 18, 2022.

An organized site visit was held, as follows:

Where: Durham Manufacturing Company, 201 Main Street, Durham, CT 06422 (NO

PARKING AT THE SITE)

When: 16 September 2022 (Friday) at 10:00 am

Parking: United Churches of Durham, 228 Main Street, parking lot access on Wallingford Road.

Church of the Epiphany, 196 Main Street, Durham, CT

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

CLASS DEVIATION 2023-O0001

A small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories:

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022) - ALTERNATE I (SEPT 2015)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is 750 employees.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:

___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(End of provision)

(End of Summary of Changes)