Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 22, 2018 FBO #6055
SOURCES SOUGHT

Y -- Two (2) 20MW Switching Stations - Solicitation

Notice Date

6/20/2018
 

Notice Type

Sources Sought
 

NAICS

236220 — Commercial and Institutional Building Construction
 

Contracting Office

Department of the Army, U.S. Army Corps of Engineers, USACE Middle East District, Attn: CETAC-PD-CT, 201 Prince Frederick Drive, Winchester, Virginia, 22602-5000, United States
 

ZIP Code

22602-5000
 

Solicitation Number

W912ER18R0030
 

Point of Contact

Diane deLathouder, , Garry L.Harris,
 

E-Mail Address

Diane.E.deLathouder@usace.army.mil, Garry.L.Harris@usace.army.mil
(Diane.E.deLathouder@usace.army.mil, Garry.L.Harris@usace.army.mil)
 

Small Business Set-Aside

N/A
 

Description

Solicitation for Two (2) 20MW Switching Stations to be constructed at Camp Arifjan, Kuwait Section 00 21 00 - Instructions, Conditions and Notices to Offerors PROPOSAL CHECKLIST PHASE ONE: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS A. GENERAL INFORMATION This solicitation is for a FFP contract for construction services. The Kuwait Ministry of Defense (KMOD) has an immediate operational need for the expansion of its existing capabilities at Camp Arifjan. This project acquisition involves a single solicitation for an immediate requirement to construct Two (2) 20 MW Switching Station at Camp Arifjan, Kuwait. The Switching Stations shall be used by the United States Government to support operations within the Central Command Area of Responsibility (CENTCOM AOR). The project will be constructed in accordance with current building codes and safety and security standards. Qualification proposals are requested under Phase One, in which the most highly qualified offerors will be selected and requested to submit Phase Two proposals. The Government intends to advance up to five (5) of the most highly qualified offerors to Phase Two, from which it anticipates awarding one FFP contract, reserving the right to advance more, fewer, or none at all. Magnitude of Construction: The estimated cost of this construction project is between $10,000,000 and $20,000,000. System for Award Management (SAM). Contractors (including Joint Venture entities) shall be registered in the System for Award Management (SAM) and determined to be responsible prior to Award. For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/. Please ensure that NAICS code 236220 - Commercial and Institutional Building Construction is listed in your SAM registration. B. QUALIFICATION PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT The Government will not reimburse any costs incurred or associated with preparation or submission of any responses to this solicitation. Oral explanations or instructions to offerors are not binding. Any information given to an offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation. Any and all amendments to the solicitation will be issued electronically through the Federal Business Opportunities website (www.fbo.gov). It is an offeror's responsibility to check continuously for any amendments to this solicitation and acknowledge any and all amendments in its proposal submission. Offerors should not modify the terms and conditions of the solicitation in either the technical or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award, and any such terms and conditions (which conflict with or do not meet the minimum standard set by the terms and conditions of the solicitation) included in a proposal on which the awarded contract is based shall have no effect on the contractor's obligations whatsoever unless they are intentionally, specifically, and explicitly accepted by the Government. Any questions related to specific terms and conditions contained within the solicitation should be resolved prior to submission of an offer. References to "confidential" projects cannot be submitted to demonstrate capability unless all the information required for evaluation as specified herein can be provided to the Government as part of an offeror's technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions in FAR 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data. Use of the word "will", "shall", or "must" indicates a mandatory requirement for which failure to comply, at the time and date for submission of proposals, shall result in an offeror's proposal being disqualified from consideration unless the Government decides to conduct discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved can be made. Failure to comply with non-pricing or pricing requirements that are annotated with the words "should" or "may" can result in a lowering of an offeror's non-pricing ratings, and may have significant effect upon an offeror being selected, or not being selected, for the contract award. Time periods, if stated as numbers of days, are calendar days unless otherwise specified. 1. PROPOSAL CONTENT Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of proposal details shall be the sole responsibility of an offeror. All information intended to be evaluated as part of the qualification proposal shall be submitted within the qualification proposal. Do not include references to material or information not found within the qualification proposal. Referencing information not found within the qualification proposal could lead to an offeror's proposal being determined unacceptable if it renders the proposal materially incomplete in any respect. Pricing information is not required for and shall not be submitted in Phase One. a. COVER PAGE: A cover page shall appear at the beginning of each volume and, at a minimum, shall consist of the following information: i. Solicitation number/Phase One ii. Offeror's name, physical mailing addresses, and telephone number, and the email address of the official having the authority to bind the offeror contractually iii. Offeror's DUNS Number, CAGE Code, and Tax ID (TIN) b. TABLE OF CONTENTS: A table of contents shall be placed in each volume and shall identify major areas by title, page numbers, and volume location. c. VOLUME I QUALIFICATION PROPOSAL: The information required within an offeror's qualification proposal is described under Basis of Phase One Evaluation. All Phase One factors have a fifteen (15) page limitation for each factor with the exception of Factor 3, Financial Surety. Do not submit pricing information in the qualification proposal. The Phase One proposal shall address the following factors: i. Factor 1: Construction Experience ii. Factor 2: Licensing/ Ability to Gain Base Access iii. Factor 3: Financial Surety Subcontractor Letters of Commitment, as required for the Government's consideration of aspects of the offeror's submissions with respect to the three factors, must also be included in the Phase One proposal. d. VOLUME II REPRESENTATION AND CERTIFICATION: Do not submit pricing information. i. Signed Solicitation, Offer, and Award (SF 1442) with blocks 14 through 20c completed, including acknowledgment of all amendments. ii. Completed Corporate Certificate/Authority to Bind Partnership (Attachment A). If the offeror is a corporation, completed Corporate Certificate; OR If the offeror is a partnership, completed Authority to Bind Partnership and a copy of the Partnership Agreement; OR If the offeror is a joint venture, completed Corporate Certificate for each member of the joint venture and a copy of the Joint Venture Agreement. iii. Completed Representation and Certifications (Section 00 45 00). Offerors shall verify that the information for all forms submitted is current, correct, and complete, including names of points of contact, email addresses, and telephone numbers. The Government will not evaluate any material that exceeds the page limits specified within each evaluation factor. Elaborately prepared proposals are not required, and any material in excess of what is requested, such as corporate marketing information, will not be considered. Failing to submit or completely fill out the solicitation attachments contained within the RFP and found in Appendix A-F may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through inquiries if instructions are not understood. 2. PROPOSAL FORMAT a. Proposals must be typed and submitted in English. Proposals submitted in a language other than English are unacceptable. Letters of Commitment, partnership agreements and Joint Venture Agreements, if not written in English, must be accompanied by English translated copies with signed statements, in English, by an authorized representative who can bind the offeror that the English translation is true and correct. b. An offeror's proposal must include an (1) original and two (2) copies of both volumes along with one (1) CD which must contain all files in an Adobe portable document format (PDF). The Original and each copy must be individually bound, typically in a standard three ring binder or similar book with tabs or separators dividing each of the sections noted above. c. An offeror's qualification proposal and representation and certification information must be submitted as two separate volumes (PDF files) as identified in Section II, paragraph B.1, Proposal Content. Page limits, if stipulated must be adhered to. The Government will not evaluate any material that exceeds the page limits specified herein. As indicated above, in the Phase One, Factors One and Two, have a page limitation of fifteen (15) pages for each factor. Proposals shall be sized to print on 8 ½" x 11" paper (11" X 17" for drawings). Margins shall be no smaller than a half inch (1/2"), font face shall be Times New Roman or Arial, and font size shall be no smaller than 10 point font. Page is defined as a single sheet of paper with text on both sides. A page furnished for organizational purposes only, such as a cover page or a table of contents, is not included in the number of pages for purposes of applying the page limitation. Corporate certificates, Joint Venture Agreements, Partnership Agreements, and Letters of Commitment are also not included in page limitations. d. Offerors shall place the following notification on the bottom of each page of their proposals: "Source Selection Information - See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person." e. All information must be confined to the appropriate volume. In order to reduce proposal size, the offeror must confine the proposal to required information sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of their proposals. It will be up to the offerors to identify the sections in which a table of contents, a summary section with a brief abstract of the volume, and the narrative discussion will be located. Proprietary information must be clearly marked. C. PROPOSAL SUBMISSION INSTRUCTIONS The Phase One proposal due date is: 6 July 2018, 4:00PM Eastern Time. Electronic proposals (facsimile, email, etc.) are not authorized. All proposals must be sent via U.S. mail, commercial carrier (FedEx, UPS, etc.) or delivered by hand to: U.S. ARMY CORPS OF ENGINEERS or U.S. ARMY CORPS OF ENGINEERS MIDDLE EAST DISTRICT - CETAM-CT-EA MIDDLE EAST DISTRICT - CETAM-CT-EA ATTN: DIANE DELATHOUDER/ W912ER- 18R-0030 ATTN: DIANE DELATHOUTHER/ W912ER- 18R-0030 201 PRINCE FREDERICK DRIVE P.O. BOX 2250 WINCHESTER, VA 22602 WINCHESTER, VA 22604 It is the offeror's responsibility to ensure that the Phase One proposal is received on or before the closing date and time of the Phase One solicitation. D. SOLICITATION INQUIRIES 1. All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/. The Government will only respond to ProjNet inquiries submitted in regards to the Phase One RFP requirements during Phase One. Do not submit inquiries regarding Phase Two RFP requirements during Phase One. a. Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected. b. Offerors will receive acknowledgments of their questions via email, followed by answers to their questions after they have been processed by the Government's technical team. Offerors may view all bidder inquiries through ProjNet. c. Inquiries must be submitted no later than seven (7) calendar days prior to the proposal due date. Offerors will not be able to submit inquiries after this date as the ProjNet system must be shut down. 2. To submit and review bid inquiries, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. The Bidder Inquiry Key: Need Bidder's Key 3. Specific Instructions for ProjNet Bid Inquiry Access: a. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. b. Identify the Agency as USACE. c. Key. Enter the Bidder Inquiry Key listed above. d. Email. Enter the email address you would like to use for communication. e. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form. f. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system. g. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system. 4. Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review. 5. For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer. 6. For questions about the ProjNet-®, please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com. 7. Pre-proposal Conference/Site Visit. A site visit will be conducted during Phase One on a date to be determined (TBD). E. DEBRIEFING OF UNSUCCESSFUL OFFERORS Unsuccessful offerors will be notified in accordance with FAR Subpart 15.5. An unsuccessful offeror may request a pre-award debriefing or a post-award debriefing by submitting a written request to the contracting officer within three (3) days after receipt of the notice excluding the offeror from the competition and award. Offerors are entitled to no more than one debriefing for each proposal. F. BASIS OF PHASE ONE EVALUATION 1. Subject to the provisions contained herein, the most highly qualified offerors will be selected and requested to submit Phase Two proposals. In determining the most highly qualified offerors, the Government will evaluate qualification proposals to determine which offerors' proposals that are responsive to the solicitation requirements best meet the Phase One criteria and whose proposals, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, meet the technical standards for non-price factors. The Government intends to advance up to five (5) offerors to Phase Two from which it anticipates awarding one FFP contract. It may advance fewer than five (5) offerors and will exercise discretion in determining the number of offerors to be advanced to Phase Two, determining a reasonable cut-off between offerors advanced and offerors not advanced based on a tradeoff analysis, taking into account the Government's interest in competition and its interests in awarding to a highly qualified contractor and in preventing wasteful effort on Phase Two proposal preparation by contractors without realistic prospects of award. 2. The Technical Evaluation Team (TET), using reasoned judgment, shall evaluate qualification proposals by identifying significant strengths, strengths, significant weaknesses, weaknesses, uncertainties, and deficiencies in each offeror's proposal and assigning a combined technical/risk rating to each proposal for each evaluation factor. Definitions Significant Strength is an aspect of an offeror's proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance. Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance. Significant Weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. Weakness is a flaw in the proposal that increases the risk of unsuccessful contract performance. Uncertainty is any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g. more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake). Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. A risk as it pertains to source selection is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror's proposed approach to achieving the technical factor or sub-factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance. 3. There may be contained within the evaluation factors certain mandatory or minimum requirements to be met for evaluation. There are also contained within the described factors certain documents for submission. Failure to satisfy any mandatory or minimum requirement may result in a determination that a proposal is unacceptable. A final determination that a proposal is unacceptable means that the offeror will not be selected as a most highly qualified offeror and the Government will not request that the offeror submit a Phase Two proposal. This does not limit the Government's discretion to exclude offerors without any "unacceptable" ratings from Phase Two because they were not found to be among the most highly qualified offerors. 4. The Government intends to select the most highly qualified offerors without discussions, but reserves the right to hold discussions if the Government determines that to do so would be in its best interests. Therefore, an offeror's proposal should contain the offeror's best terms from a technical standpoint. The Government reserves the right to conduct discussions if it is determined by the contracting officer to be necessary or requested by the source selection authority (SSA). G. PHASE ONE EVALUATION FACTORS All the submission items to be evaluated shall pertain to the offeror and its major subcontractors. Subcontractors: The Government recognizes that completion of a project is often a team effort. An offeror that intends to utilize one or more major subcontractor(s), shall submit a firm, unequivocal letter of commitment signed by each major subcontractor. A major subcontractor is defined as a subcontractor that performs twenty percent (20%) or more of the total on-site management and construction efforts or one that performs twenty percent or more of the total dollar value of the project. Offerors that propose to use designers of record (DORs) are also required to submit firm, unequivocal letters of commitment signed by their DORs. The Government will not consider in relation to the requirements of this Solicitation the qualifications of, or other proposal information pertaining to, subcontractors or DORs for which acceptable letters of commitment have not been provided. If an offeror's accepted proposal includes the use of any major subcontractors or DORs, the offeror shall not change major subcontractors or DORs without the contracting officer's approval. For this purpose and this purpose only, the Phase One proposals of offerors advanced to Phase Two are deemed accepted only to the extent those Phase One proposals incorporated the use of major subcontractors or DORs in their responses to the Phase One selection factors. Thus, if an offeror advanced to Phase Two changes a major subcontractor or DOR submitted at Phase One, and the proposed substitute major subcontractor or DOR does not have qualifications equal to or better than those of the major subcontractor or DOR from Phase One that it is proposed to replace, in the judgment of the contracting officer with respect to the Phase One evaluation factors, the Government may, in its discretion, reject the offeror's proposal, with or without considering the proposal at all with respect to the Phase Two evaluation factors. After award, the offeror shall not change major subcontractors or DORs without the Contracting Officer's approval. Approval will not be given unless the Contracting Officer considers the proposed substitute to be equal to or better than the originally proposed major subcontractor or DOR in all respects and that the substitution is in the best interests of the Government. Joint Ventures: A joint venture is defined as a legal business entity formed between two or more companies to undertake the performance activities of a contract together. An offeror proposing as a joint venture shall provide evidence that the joint venture as a legal entity has been duly formed. A Joint Venture offeror shall include a copy of its legal joint venture agreement signed by an authorized representative who can bind the entity of each coventurer, with the authorized representative of each entity identified. A prospective offeror that submits a proposal as a Joint Venture may not change either/any coventurer, if selected for award. EVALUATION FACTORS FACTOR 1: CONSTRUCTION EXPERIENCE, FACTOR 2: LICENSING/ABILITY TO GAIN/ CURRENTLY HAVE ACCESS TO BASE, FACTOR 3: FINANCIAL SURETY To receive consideration for Phase Two participation, an offeror must have adjectival ratings of no less than "Acceptable" for Factors 1, and 2 and a "Go" rating for Factor 3. The Phase One proposals will be evaluated on two (2) non-price evaluation factors and one (1) Go/No-Go factor for financial surety. Factor 1 (Construction Experience) and Factor 2 (Licensing/Base Access) are of equal importance. Financial Surety, Factor 3 is a Go/No-Go factor and, thus, will receive a rating of either Go or No-Go. This factor evaluates the offeror's ability to obtain surety pursuant to FAR Part 28. FACTOR 1: CONSTRUCTION EXPERIENCE SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES: The Construction Experience portion of an offeror's proposal will be limited to fifteen (15) pages in length. Any pages beyond fifteen (15) will not be evaluated and will be ignored. Each offeror's experience will be examined for breadth and depth of relevant work performed in design-build and construction projects ($10-$20 million in value) in Kuwait, United Arab Emirates (UAE), Oman, Qatar, Saudi Arabia, Bahrain, or Iraq, as stated in this solicitation. The successful offeror will possess demonstrated experience performing design-build construction projects similar to the requirements of this solicitation. For this purpose, relevant types of project experience include design, construction, and connection of electrical feeders and switchgear systems. Projects performed in Kuwait will be considered more relevant than projects performed in other countries included in the list above. A separate project relevancy analysis will be completed under the Past Performance factor at Phase Two. At a minimum, an offeror should address its experience in the following: a. Hiring qualified laborers and maintaining a qualified workforce. b. Procurement of long lead items. c. Obtaining access to work locations, such as base access. Offerors shall provide information about projects, delineating the project name, major features (building, runway, road, etc.), overall contract value (in U.S. dollars), overall contract value the entity was responsible for (dollars or percent), location of project site (country, nearest city), contract duration (calendar days) and year in which it was completed, or its current completion date. If any offeror has multiple divisions or units, limit the project examples to those performed by the division or unit submitting the offer. The experience of either coventurer in a joint venture offeror may be submitted as the experience of the offeror, and experience of major subcontractors will be considered the experience of the offeror, provided that the letter of commitment requirement set forth above is met. Projects cited shall, at the time of issuance of the solicitation, be well underway (fully designed and at least 75% construction progress completed) or have been completed within five (5) years preceding the date of this solicitation. The offeror shall submit a completed Construction Experience Overview Sheet (Attachment B) capturing all projects being submitted for evaluation, as well as Construction Experience Information Sheets (Attachment C) for no more than five (5) projects that have been completed by the offeror within the past five (5) years or are currently being performed and well underway in Kuwait, UAE, Oman, Qatar, Saudi Arabia, Bahrain, or Iraq. At least one (1) of the projects submitted must have a construction value greater than $5 million but less than $100 million. At least two (2) relevant projects shall have been performed in Kuwait. Projects valued at less than $5 million will not be considered. If more than five (5) projects are submitted for this factor, only the first five (5) will be evaluated. EVALUATION APPROACH FOR FACTOR 1 CONSTRUCTION EXPERIENCE The Government will evaluate each offeror's experience and will rate each offeror on the basis of relative depth of its experience in managing and executing projects that are similar in price ($10-20M), scope, and complexity to the requirements of this solicitation in the past five (5) years. In evaluating the projects submitted for this factor, the Government will give preference for the following: 1. Construction projects similar to the requirements of this solicitation for which the prime offeror served as the prime contractor. 2. Performance of multiple, concurrent projects similar to the solicitation requirements in Kuwait. 3. Offerors who demonstrate the ability to obtain access to Kuwaiti military bases through experience with projects located on such bases. 4. Offerors with Quality Control (QC) experience on a USACE project similar to the requirements of this solicitation. 5. Offerors with USACE QC experience on a project in Kuwait, UAE, Oman, Qatar, Saudi Arabia, Bahrain, or Iraq. 6. If subcontractor experience is submitted, projects on which the major subcontractor whose experience is submitted served as the prime contractor. ADJECTIVAL RATING AND DEFINITION FOR FACTOR 1 CONSTRUCTION EXPERIENCE The Technical Factor 1 rating shown below focuses on the strengths, deficiencies, weaknesses, risks and uncertainties of the offeror's proposal. The color rating depicts how well the offeror's proposal meets the Technical Factor 1 requirements. COLOR Rating Adjectival RATING Description Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate. Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high. Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is un- awardable. FACTOR 2: LICENSING, PERMITS, AND ABILITY TO GAIN BASE ACCESS SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES: The Government places a greater weight on a proposal that demonstrates that the offeror understands how to obtain and will be able obtain the following, as required for this project, in order of importance: 1) Element 1 - Licensing 2) Element 2 - Base Access 3) Element 3 - Permits The Licensing, Permits, and Ability to Gain Base Access section of an offeror's proposal will be limited to fifteen (15) pages in length. Any pages beyond fifteen (15) will not be evaluated and will be ignored. Element 1 - Licensing: The offeror will show that it has the necessary construction licenses and documentation to prove that it has worked and can currently work in Kuwait or that it knows how to, and can, obtain the required licenses and other documentation to perform design-build construction in Kuwait. Offerors will explain what licenses and registrations will be necessary to perform the work under this contract in order to show the sufficiency of the licenses and registrations that they have proven they possess or are able to obtain. The offeror shall include, with its narrative, proof of current Kuwait business licensure in the offeror's name or of the offeror's ability to obtain a Kuwait business license, as well identification of the offeror's local sponsor if the offeror requires one in order to perform the requirements of the solicitation. In addition to the documents provided in response to this element, the offeror must provide an explanation as to how its proposed business structure, licenses, registrations, and authorizations, and/or its ability to obtain licenses, registrations, and authorizations, render it duly licensed and authorized to conduct all activities required by this solicitation in conformance with the terms of the solicitation with respect to the laws and regulations of the State of Kuwait, or will render it so in time for it to meet all requirements of the solicitation without delay. The narrative and documentation provided in response to this element will be evaluated for thoroughness, apparent accuracy, and other indications that the offeror will be effective at obtaining and maintaining all necessary licensure and registration for this project. The greatest credit will be given to offerors that are able to prove to the satisfaction of the Government the sufficiency of their current, valid licenses and registrations to allow them to perform the work under this solicitation. NOTE: The offeror, one of the coventurers in the offeror if it is a joint venture, or a major subcontractor for which a letter of commitment has been provided must be registered with and authorized by the Kuwait Ministry of Electricity and Water (MEW) to perform the construction of electrical switching stations. The entity within the offeror's team that is so registered and authorized must perform the construction and outfitting of the buildings required by this solicitation. Offerors that do not convincingly show that they possess this registration or that they can obtain it in time to perform the requirements of the solicitation may be eliminated from consideration to advance to Phase Two. This is not the only registration and licensure requirement, but it is a critical one for this project." Element 2 - Base Access: The offeror will explain the requirements for accessing military bases in Kuwait and set forth its procedures for obtaining base access for the performance of this project on Camp Arifjan. The offeror will explain how it will obtain the necessary base passes for this project from the Area Support Group-Kuwait (ASG-K). If the offeror has current access to military bases in Kuwait, proof of that fact will provide further evidence of the offeror's understanding of the requirements that will likely apply to this project. In addition to obtaining base access for personnel, subcontractors, and equipment, the narrative should address controlling access to the work site as required on military bases in Kuwait and the procedures for obtaining base access for each of the following: personnel, subcontractors, construction materials, and equipment. Offerors should investigate whether there are any nationality restrictions that could affect base access and explain how they will comply with any such restrictions as they exist and as they may arise during performance of the contract. The Government will evaluate each offeror's understanding of current base access/pass procedures, requirements, and potential constraints. The completeness, reasonableness, feasibility, and timeline of the offeror's plan to gain a sufficient number of base passes to meet the requirements of this solicitation will be assessed. Greater weight will be given to offerors that demonstrate they currently have base access for purposes of performing work on military bases in Kuwait. Element 3 - Permit Requirements: The offeror will list the permit requirements that will apply to the performance of the contract issued under this solicitation. It will explain the significance of each required permit and the procedures for obtaining it, and it will set forth its procedures and timeline for obtaining each of the necessary permits. The Government will evaluate the offeror's understanding of current Kuwaiti permitting requirements that will apply to the project under this solicitation, including the completeness of the offeror's list of necessary permits applicable to performing construction, and specifically construction of electrical infrastructure, in Kuwait. It will evaluate the offeror's timeline and detailed plan to obtain the necessary permits for realism overall and for the employment of realistic measures to expedite the process of obtaining all necessary permits. FACTOR 3: FINANCIAL SURETY SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES: Offerors are required to submit proof of their ability to obtain surety for performance and payment bonds in the form of commercial surety bonds, irrevocable letters of credit, or other acceptable surety under FAR 52.228-15, which is included in this solicitation. The surety or bank shall attest to the offeror's ability to obtain bonding or satisfactory Irrevocable Letters of Credit (ILCs) for $10 million US Dollars (USD) coverage for the duration of the contract performance period of 446 calendar days. Performance and payment bonds must be supported by acceptable security as defined in FAR 28.201. A letter of commitment from an acceptable surety as defined in FAR Subpart 28.2 will provide acceptable proof of the offeror's ability to obtain the required coverage. Only a (U.S.) federally insured financial institution may confirm the offeror's ability to obtain an ILC. Offerors must submit proof of their ability to obtain the required surety to receive a "Go" rating. Offerors that receive a "No-Go" rating will not be considered for award. The guidance below should assist the contractor in determining what it must submit as proof: The evidence of ability to obtain adequate surety must come from an entity that would be acceptable as the surety during contract performance. Accordingly, a letter from a bank that is not (U.S.) federally insured would not be adequate proof of ability to obtain surety without an accompanying letter from a federally insured financial institution that would confirm an ILC issued by the bank that is not federally insured. Similarly, a letter from a commercial surety bond broker would not be acceptable; a letter from a U.S. Treasury‐listed bonding company is required to prove ability to obtain commercial surety bonds. With respect to individual sureties, offerors should be mindful of the requirement to prove, and not merely allege their ability to provide the required surety. For example, in order to prove ability to obtain surety through an individual surety's pledge of assets, an offeror would have to provide both proof of sufficient assets and a letter from an authorized representative of the individual surety stating the availability of the assets as security for the performance and payment bonds under the contract resulting from the solicitation and its/his/her intent to pledge the assets as such, along with evidence of the authorization of any individual signing such a letter in a representative capacity. Similarly, to prove ability to meet the surety requirements with certified checks or money orders, the contractor would have to provide both proof of a sufficient bank balance and a letter from an authorized representative of the entity in whose name the balance is deposited, stating both the availability of the funds as security for the performance and payment bonds under the contract resulting from the solicitation and the accountholder's intent to use the funds to provide a certified check or money order, along with evidence of the authorization of the individual signing the letter to bind the accountholder. Analogous requirements apply to proof of ability to provide acceptable security in the form of bonds or notes of the United States. Ultimately, the performance and payment bonds or ILCs must secure the performance and payment obligations of the contractor under the contract resulting from the solicitation. As long as this is the case, who funds the performance and payment sureties (for example, whether it is a joint venture offeror itself or only one of the coventurers in a joint venture offeror) is, generally, not a matter of concern to the Government. Note that the Government has not determined it to be impracticable to obtain surety, or to provide performance and payment bonds from U.S. Treasury-listed bonding companies for the contract that will result from the solicitation. Offerors should not expect the surety requirements of the contract to be waived or reduced or commercial surety bonds issued by non-U.S. Treasury-listed companies to be accepted. Note also that a bank letter of guaranty or other bank guaranty (that is not an ILC conforming to the requirements of FAR 52.228-14) will not be an acceptable form of surety for the contract. These same requirements that will apply to the sureties required for the contract will apply in the evaluation of this factor. Offerors that have any doubt as to whether or not their contemplated submissions will meet the requirements of this factor should use the vendor inquiry process to obtain clarification. To be clear, the requirement of proof of ability to obtain surety in the amount of $10 million is for purposes of this Phase One factor only and is separate from the bid guarantee that will be required in Phase Two and separate from the performance and payment surety requirements that the contractor will have to meet after award. However, the proof of ability to obtain surety must relate directly to this project-be proof of ability to obtain surety for this project if it is awarded to the offeror. The bid guarantee requirement is a Phase Two requirement and the amount will depend on the offeror's proposed price submitted in response to the Phase Two RFP. The amounts of the performance and payment sureties will depend on the price at which the contract is awarded. Financial Surety Ratings Rating Definition Go Offeror provided proof of its ability to obtain performance and payment bonds, irrevocable letters of credit, or other surety. No-Go Offeror did not provide proof of its ability to obtain performance and payment bonds, irrevocable letters of credit, or other surety as required by FAR 52.22815. PHASE TWO: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS The following is a brief overview, for information only, of the proposed Phase Two process. It will only be applicable to those offerors who are selected to submit proposals in Phase Two. Do not submit Phase Two documentation during Phase One. Do not submit Phase Two inquiries on ProjNet during Phase One. All offerors selected to propose in Phase Two will be evaluated on the evaluation factors outlined in the Phase Two solicitation. This overview is for informational purposes and is subject to change. A. GENERAL INFORMATION The intent of the Phase Two Solicitation is for the Government to award one Firm-Fixed-Price (FFP) contract. The Phase Two Request for Proposals (RFP) will include both pricing and non-pricing evaluation factors. Non-pricing features of an offeror's Phase Two proposal will be evaluated in such a manner to assess the value of those features as compared to the proposed prices or costs to the Government. Implicit in this process is the Government's willingness to accept other than the lowest priced offer, if the added benefits of a higher priced offer outweigh the additional cost or price involved. Pricing shall be evaluated for completeness and reasonableness. Magnitude of Construction: The estimated cost of this construction project is between $10,000,000 and $20,000,000. The Primary NAICS code is 236220 - Commercial and Institutional Building Construction with a small business size of $36.5 million. System For Award Management (SAM). Contractors (including Joint Venture entities) shall be registered in the System for Award Management (SAM) and determined to be responsible prior to Award. For more information, see the SAM website at https://www.sam.gov/portal/public/SAM/. Please ensure that NAICS code 236220 - Commercial and Institutional Building Construction is listed in your SAM registration. B. PROPOSAL REQUIREMENTS, CONTENT, AND FORMAT The Government will not reimburse any costs incurred in preparing or associated with preparation and submission of any responses to this solicitation. Oral explanations or instructions to offerors are not binding. Any information given to an offeror which impacts the solicitation and/or proposal will be given in the form of a written amendment to the solicitation. Any and all amendments to the solicitation will be issued electronically via the U.S. Army Aviation and Missle Research Development and Engineering Center (AMRDEC) only to the most highly qualified offerors. It is the offeror's responsibility to acknowledge any and all amendments in its proposal submission. Offerors should not modify the terms and conditions of the solicitation in either the technical or price proposal or add conditions or qualifications to their offers. Should an offeror include terms and conditions that conflict with the terms and conditions of the solicitation, that offeror may be determined to be ineligible for award, and any such terms and conditions (which conflict with or do not meet the minimum standard set by the terms and conditions of the solicitation) included in a proposal on which the awarded contract is based shall have no effect on the contractor's obligations whatsoever unless they are intentionally, specifically, and explicitly accepted by the Government. Any questions related to specific terms and conditions contained within the solicitation should be resolved prior to submission of a proposal. References to "confidential" projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the offeror's technical proposal. Offerors that include information in their proposals they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall clearly mark their proposals in accordance with the instructions at FAR clause 52.215-1, Instructions to Offerors-Competitive Acquisition, paragraph (e), Restriction on Disclosure and Use of Data. Use of the words "will", "shall", or "must" indicates a mandatory requirement for which failure to comply, at the time and date for submission of proposals shall result in an offeror's proposal being disqualified from consideration for award, unless the Government elects to initiate discussions in accordance with FAR 15.306, thereby providing a means by which appropriate corrections by the offeror(s) involved can be made. Failure to comply with non-pricing or pricing requirements that are annotated with the words "should" or "may" can result in a lowering of an offeror's non-pricing ratings, and may have a significant effect upon an offeror being selected, or not being selected, for the contract award. Time periods, if stated as numbers of days, are calendar days unless otherwise specified. 1. PROPOSAL CONTENT Offerors are required to submit proposals with at least the minimum content specified herein. A proposal without the minimum content may result in a determination that the proposal is unacceptable. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of an offeror. All information intended to be evaluated as part of the technical proposal shall be submitted within the technical proposal. Do not include references to material or information not found within the technical proposal. Referencing information not found within the technical proposal could lead to an offeror's proposal being determined unacceptable if it renders the proposal itself materially incomplete in any respect. a. COVER PAGE: A cover page shall appear at the beginning of each volume and, at a minimum, shall consist of the following information: i. Solicitation number/Phase Two ii. Offeror's name, physical mailing addresses, telephone number, and email address of the official having the authority to bind the offeror contractually. iii. Offeror's DUNS Number, CAGE Code, and Tax ID (TIN) b. TABLE OF CONTENTS: A table of contents shall be placed in each volume and shall identify major areas by title, page numbers, and volume location. c. VOLUME I QUALIFICATION PROPOSAL: The information required within an offeror's qualification proposal is described under Basis of Phase Two Evaluation. Each Phase Two factor has a fifteen (15) page limit with the exception of Factor 3, Price. i. Factor 1: Past Performance ii. Factor 2: Technical Approach (Management Approach and Preliminary Schedule) iii. Factor 3: Price Subcontractor Letters of Commitment, where applicable. The Government will not evaluate any material that exceeds the page limits specified within each evaluation factor. Elaborately prepared proposals are not required, and any material in excess of what is requested, such as corporate marketing information, will not be considered. Failing to submit required attachments or to fill out attachments completely and properly may result in a determination that the proposal is unacceptable. Therefore, offerors are urged to follow instructions and raise questions through inquiries if instructions are not understood. 2. PROPOSAL FORMAT a. Proposals must be typed and submitted in English. Proposals submitted in languages other than English are unacceptable. b. An offeror's proposal must include an (1) original and two (2) copies of both volumes along with one (1) CD which must contain all files in an Adobe portable document format (PDF). The original and each copy must be individually bound, typically in a standard three ring binder or similar book with tabs or separators dividing each of the sections noted above from the others. c. Page limits, if stipulated, must be adhered to as indicated in the factors. The Government will not evaluate any material that exceeds the page limits specified herein. Proposals shall be sized to print on 8 1/2" x 11" paper (11" X 17" for drawings). Margins shall be no smaller than a half inch (1/2"), font face shall be Times New Roman or Arial, and font size shall be no smaller than 10 point font. Page is defined as a single sheet of paper with text on both sides. Pages furnished for organizational purposes only, such as a cover page or a table of contents, are not included in the page limitation. Corporate certificates, Joint Venture Agreements, Partnership Agreements and Letters of Commitment are also not included in page limitations. d. Offerors shall place the following notification on the bottom of each page of their proposals: "Source Selection Information - See FAR 2.101 and 3.104. Do not disclose any source selection information to any unauthorized person." e. All information must be confined to the appropriate volume. In order to reduce proposal size, the offeror must confine the proposal to required information sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of the proposal. The proposal shall include a table of contents, summary section with a brief abstract of the volume, and a narrative discussion, but it will be up to the offeror to determine how those will be organized. Proprietary information must be clearly marked. C. PROPOSAL SUBMISSION INSTRUCTIONS The Phase Two proposal due date is: [date TBD in Phase Two], 4:00PM Eastern Time. Electronic proposals (facsimile, email, etc.) are not authorized. All proposals must be sent via U.S. mail, commercial carrier (FedEx, UPS, etc.) or delivered by hand to: U.S. ARMY CORPS OF ENGINEERS or U.S. ARMY CORPS OF ENGINEERS MIDDLE EAST DISTRICT - CETAM-CT-EA MIDDLE EAST DISTRICT - CETAM-CT-EA ATTN: DIANE DELATHOUDER/W912ER- 18- R-0030 ATTN: DIANE DELATHOUDER /W912ER- 18-R- 0030 201 PRINCE FREDERICK DRIVE P.O. BOX 2250 WINCHESTER, VA 22602 WINCHESTER, VA 22604 It is the offeror's responsibility to ensure that the Phase Two proposal is received on or before the closing date and time of the Phase Two solicitation. D. SOLICITATION INQUIRIES 1. All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/. The Government will only respond to Projnet inquiries submitted in regards to the Phase Two requirements during Phase Two. a. Offerors shall only submit one question per inquiry. All inquiries containing multiple questions will be rejected. b. An offeror will receive an acknowledgment of its question(s) via email, followed by an answer to its question(s) after it has been processed by our technical team. Offerors may view all bidder inquiries through ProjNet. c. Inquiries must be submitted no later than seven (7) calendar days prior to the proposal due date. Offerors will not be able to submit inquiries after this date as the ProjNet system must be shut down. 2. To submit and review bidder inquiries, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. The Bidder Inquiry Key: To Be Determined at Phase Two Solicitation 3. Specific Instructions for ProjNet Bid Inquiry Access: a. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. b. Identify the Agency. This should be marked as USACE. c. Key. Enter the Bidder Inquiry Key listed above. d. Email. Enter the email address you would like to use for communication. e. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form. f. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system. g. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system. 4. Submit questions or review questions and answers. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer are then available for all other bidders to review. 5. For specific step-by-step instructions for POSTING YOUR INQUIRIES, see the Reference link on the Contract Viewer. 6. For questions about ProjNet-®, please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com. 7. Pre-proposal Conference/Site Visit. A pre-proposal conference may or may not be announced to Phase Two offerors and conducted by the Government. Site visits will not be organized or conducted by the Government under Phase Two. E. DEBRIEFING OF UNSUCCESSFUL OFFERORS Unsuccessful offerors will be notified in accordance with FAR Subpart 15.5. An unsuccessful offeror may request a pre-award debriefing or a post-award debriefing by submitting a written request to the Contracting Officer within three (3) days after receipt of the notice excluding the offeror from the competition and award. Offerors are entitled to no more than one debriefing for each proposal. F. BASIS OF PHASE TWO AWARD 1. The TET, using reasoned judgment, shall evaluate proposals by identifying significant strengths, strengths, significant weaknesses, weaknesses, uncertainties, and deficiencies in each offeror's proposal and assigning a combined technical/risk rating to each proposal for each evaluation factor. Definitions Significant Strength is an aspect of an offeror's proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance. Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance. Significant Weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. Weakness is a flaw in the proposal that increases the risk of unsuccessful contract performance. Uncertainty is any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g. more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission, or mistake). Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. A risk as it pertains to source selection is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror's proposed approach to achieving the technical factor or sub-factor may involve risk of disruption of schedule, degradation of performance, the need for increased Government oversight, and/or the likelihood of unsuccessful contract performance. 2. There may be contained within the evaluation factors certain mandatory or minimum requirements to be met for evaluation. There are also contained within the described factors certain documents for submission. Failure to satisfy any mandatory or minimum requirement may result in a determination that a proposal is unacceptable. A final determination that an offeror's proposal is unacceptable means that an award to that offeror cannot be made. 3. The Government intends to select one offeror for an award without discussions, but reserves the right to hold discussions if the Government determines that to do so would be in its best interests. Therefore, an offeror's initial proposal should contain the offeror's best terms from a technical and pricing standpoint. The Government reserves the right to conduct discussions if it is determined by the Contracting Officer to be necessary. G. PHASE TWO EVALUATION FACTORS EVALUATION FACTORS FACTOR 1: PAST PERFORMANCE FACTOR 2: TECHNICAL APPROACH (Management Approach and Preliminary Schedule) FACTOR 3: PRICE Relative importance of Phase Two evaluation factors: Factors from Phase One will not be considered in the evaluation of Phase Two proposals. The Phase Two proposals will be evaluated on two (2) non-price evaluation factors. Technical Factors 1 (Past Performance) and 2 (Technical Approach) are of equal importance and, when combined, are significantly more important than Factor 3, Price. FACTOR 1: PAST PERFORMANCE The Past Performance section of an offeror's proposal will be limited to fifteen (15) pages in length. Any pages beyond fifteen (15) will not be evaluated and will be ignored. The Factor 1 Past Performance evaluation includes an assessment of an offeror's probability of meeting the solicitation requirements and results in an assignment of a single past performance confidence assessment rating based on an offeror's overall record, taking into account recency, relevancy, and quality of performance. Projects submitted in response to this factor may, but do not need to, include the projects submitted in Phase One for Construction Experience. Proposal Submission Requirements: For the purposes of this evaluation: A "recently completed" project is defined as a project which (1) has been completed within the five (5) years preceding the RFP issuance date or (2) is currently under construction and is at least 75% complete as of the RFP issuance date. A "relevant" project is defined as a recently completed project, with a similar scope and cost magnitude to those of the project that is the subject of this solicitation. "Similar scope" is defined as the design, construction, and connection of electrical feeders and switchgear systems, along with construction of associated facilities and other infrastructure. "Similar cost magnitude" is defined as a project with a total value of at least $10 million. For each project submitted under this factor, an offeror shall submit recently completed, relevant project experience using the Experience Overview Sheet (Attachment B) and Construction Experience Form (Attachment C). The offeror should include a project description on the Construction Experience Form that is detailed enough to permit an evaluation of project relevancy, recency, and quality and should describe project scope and magnitude. The offeror should also provide the name of an English-speaking reference and current contact information on the Construction Experience Form (Attachment C). An offeror should provide references who have first-hand knowledge of the offeror's past performance for the applicable projects submitted and may be asked to comment on specific aspects of the offeror's performance, to include quality of design or construction, timeliness, management of the work, subcontractor management including timely payment to subcontractors or suppliers, safety, relations between owner and designer or contractor, level of support for such elements as as-built documentation, Operation and Maintenance manuals, training, correcting design or construction errors, and warranty work. The reference for each project should be the contracting agency or entity that administers the contract such as the construction agent, owner, or government representative. The offeror's references should be independent and willing and available to answer questions. The offeror should also ensure that each reference is notified that he/she may be contacted for the purposes of the evaluation. The Government may contact and interview references provided, and additionally reserves the right to interview other individuals acting for the reference provided, if the reference is not available. When submitting past performance information for consideration, the offeror is limited to (a) at least one but no more than three projects that have been performed by the offeror, and (b) at least one but no more than three design projects that have been performed by the offeror's proposed design team/designer of record identified in Factor 2, Technical Approach. Additional projects submitted that exceed these limits will not be considered for evaluation. If an offeror is a Joint Venture, the offeror may submit projects for evaluation performed by the Joint Venture and projects performed by any coventurer as the past performance of the offeror. The Government will consider past performance information submitted for one coventurer as the past performance information for the Joint Venture offeror, if: (a) for each project submitted for past performance consideration, the offeror's proposal describes the role of the coventurer for that specific project; and (b) the offeror's proposal clearly identifies how the role of the coventurer on the submitted project is relevant to the role the coventurer will be performing on the solicitation project. The Government will not consider for evaluation under this factor the past performance of any subcontractors other than the offeror's proposed design team/designer of record identified in Factor 2, Technical Approach, as set out above. An offeror is responsible for obtaining a client-completed Past Performance Questionnaire (PPQ) (Attachment D) for each project submitted. If the offeror is unable to obtain a completed PPQ from a client before the proposal closing date, the offeror should complete and submit with its proposal the first page of the PPQ (including blocks 5 and 6), which will provide the contract and client information necessary to conduct an assessment; however, the Government will be under no obligation to employ any particular measures to obtain past performance information directly from clients. In order to ensure that projects are considered under past performance, offerors should obtain completed PPQs. Collection of data from other sources, including Government investigations and interviews, will be at the Government's discretion. An offeror should follow up with clients to ensure that PPQ submissions are in accordance with the solicitation requirements and are submitted by the proposal closing date. If the client requests, completed PPQs may be submitted directly to the Government's point of contact, Ms. Diane E. deLathouder, at Diane.e.delathouder@usace.army.mil prior to the proposal closing date. Offerors may submit PPQs for submitted projects which were previously filled out by clients and used in previous proposal submissions. However, offerors shall not merely incorporate these PPQs into their proposals by reference. In addition to the PPQs, the offeror is permitted to submit DD Form 2626 (Performance Evaluation (Construction)) and/or Contractor Performance Assessment Report (CPAR) for each of the projects submitted. Past performance information such as awards, certificates, customer letters of commendation, and any other forms of performance recognition shall not be submitted as this information will not be evaluated. The offeror should provide details for any past performance problems encountered and the corrective actions taken for projects submitted in the appropriate space provided on the Construction Experience Form (Attachment C). FALISIFIED PPQs WILL BE GROUNDS FOR DISQUALIFICATION OF AN OFFEROR'S PROPOSAL, REFERRAL OF THE OFFEROR FOR DEBARMENT, AND REFERRAL OF THE OFFEROR TO THE APPROPRIATE CRIMINAL INVESTIGATIVE ENTITY. The Government reserves the right to contact and interview references and clients for all projects submitted by an offeror and anyone else who might have relevant information in order to verify past performance information. The Government reserves the right to authenticate any past performance information submitted by the offeror by reviewing relevant Government databases, other DoD or Government appraisal systems, or other sources. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partners, coventurers, teaming arrangement members, or parent companies/subsidiaries/affiliates) identified in an offeror's proposal; inquiries of owner representative(s); Federal Awardees Performance and Integrity Information System (FAPIIS); Electronic Subcontract Reporting System (eSRS); Government field representatives; and any other known sources not provided by the offeror. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror. SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES: There are three aspects to the past performance evaluation (recency, relevancy, and quality) which results in a single performance confidence assessment of an offeror's probability of meeting the solicitation requirements. Within the relevancy aspect, an offeror's past performance is evaluated to determine how relevant the offeror's demonstrated record of past performance is to the efforts required in the solicitation. The Government's assessment under the Relevancy Assessment of Past Performance is a significant contributor to the final Past Performance rating; however, it is not a formal rating in and of itself. The following criteria will be used to establish the overall level of relevancy of an offeror's Past Performance. Table 2. Past Performance Relevancy Rating Method Adjectival Rating Description Very Relevant Present/past performance effort involved essentially the same scope and a similar cost magnitude to the requirements of this solicitation. Relevant Present/past performance effort involved similar scope and cost magnitude to the requirements of this solicitation. Somewhat Relevant Present/past performance effort involved some of the scope of and a similar or nearly similar cost magnitude to the requirements of this solicitation. Not Relevant Present/past performance effort involved little or none of the scope and/or a dissimilar cost magnitude to the requirements of this solicitation. Quality: The third aspect of the Past Performance evaluation is to establish the overall quality of an offeror's past performance. The Past Performance evaluation performed in support of this solicitation does not establish, create, or change the existing record and history of an offeror's performance on past contracts; rather, the Past Performance evaluation process gathers information from customers on how well an offeror performed those past contracts. The Government will review all past performance information collected and determine the quality of the offeror's performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment. The rating for this factor will be expressed as a degree of confidence in the offeror's ability to successfully accomplish the work required in the solicitation. The Government will consider the recency and relevance of the information, source of the information, context of the data, and general trends in contractor performance. The Government places a higher value on past performance for which documented successful outcomes are both available and supported by outside source confirmation (for example, telephone interviews with references and clients, CPARS or other agency performance databases, or personal knowledge of Government employees that have worked closely with the offeror). Past performance of greater relevancy will typically be a stronger predictor of future success and have more influence on the confidence assessment and overall rating assigned for Factor 1, Past Performance, than past performance on projects of lesser relevance. The Government's determination of relevancy will not be formulaic. For example, even if a project submitted for this factor does not involve design or construction of facilities for exactly the same purpose as those required by this solicitation, the Government will apply judgment to determine whether or not the project submitted required similar resources and competencies to those required to perform the requirements of this solicitation and is, therefore, relevant. In the case of an offeror for which there is no information on past performance or for which past performance information is not available, the offeror may not be evaluated favorably or unfavorably under this factor. In such a case, the offeror's past performance is assigned a performance confidence rating of "neutral." In the BVTO, the Government may regard neutral performance confidence less favorably than "substantial confidence" and "satisfactory confidence" because those positive ratings can be associated with relatively lower risk of unsuccessful performance while a "neutral" rating does not facilitate risk assessment at all. Table 3: Performance Confidence Assessments Rating Method Adjectival Rating Description Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will be able to perform the required effort successfully. Greater Weight Considerations: a. Greater weight will be given to offerors who have documented success performing on a recently completed, relevant project that includes both design and construction (design-build) of switching stations and associated maintenance, administration, or operational storage areas. b. Greater weight will be given to offerors who have documented success performing on recently completed, relevant projects in the UAE, Oman, Qatar, Saudi Arabia, Bahrain, Iraq, or Kuwait. c. If an offeror proposes as a joint venture, greater weight will be given to the recently completed, relevant past performance of the joint venture on projects on which with the same coventurers worked together than to a newly formed joint venture with no such past performance. FACTOR 2: TECHNICAL APPROACH Factor 2, Technical Approach, consists of two components: management approach and preliminary schedule. The two components are equal in importance to each other. Factor 2 will be evaluated in its entirety resulting in an assignment of a single technical approach rating. The Technical Approach of an offeror's proposal will be limited to fifteen (15) pages in length, not including organizational chart(s) or letters of commitment. Any pages beyond fifteen (15) will not be evaluated and will be ignored. SUBMISION REQUIREMENTS AND EVALUATION PROCEDURES: Component 1: Management Approach An offeror shall provide a detailed narrative that demonstrates the offeror's understanding of the overall scope of work for the project and describes the offeror's approach to completing the work. An offeror's narrative should identify all major scope components of the project, including critical components. The narrative should include a discussion of an offeror's planned technical approach that addresses shipping and logistics (air, land, and sea), phasing, local labor and subcontractor markets, local laws, anticipated challenges to the project, and the unique requirements associated with designing and constructing 20 MW Switching Stations. The narrative shall also address the following: Organization: An offeror shall describe the process it plans to use to manage the project. The offeror should discuss its proposed project organization, defining the roles, responsibilities, and authority to be delegated to and within its team. This includes the identification and description of who will perform the major or critical aspects of construction and those who will perform design. The offeror should identify how it plans to integrate its design team/proposed designer of record (DOR) into its organization and explain the roles the design team/DOR will play in the decision-making process. The offeror should include an organizational chart along with an accompanying narrative, which shows the relationships and how work flows through the organization between the offeror's home office, field office, design team/DOR, major subcontractor(s), QC personnel, and safety personnel and USACE. If applicable, the offeror should clearly state the roles of any coventurers and major subcontractors in its discussion. In the event the major subcontractor(s) proposed are not retained after contract award, the Government's approval of any replacement major subcontractor(s) will be required. Replacement major subcontractors will only be approved if their qualifications for the work required by the solicitation are equal to or better than those of the proposed major subcontractor(s). Offerors shall include firm, unequivocal letters of commitment signed by authorized representatives of each of their major subcontractor(s) and their proposed DORs in their proposal submissions. Component 2: Preliminary Schedule An offeror shall provide a preliminary schedule for work associated with all base and options items. The offeror's schedule should include the major construction activity milestones identified below with a total project duration of 446 calendar days from Notice to Proceed (NTP). SUBMISION REQUIREMENTS: An offeror's proposed schedule shall include the following major design and construction activity milestones: a. Notional contract award date of 28 November 2018 b. Obtain Kuwait business license (if not currently licensed) c. Obtain base access to Camp Arifjan d. Preconstruction submittals (i.e., Accident Prevention Plan, Quality Control Plan, Area Use Plan, Concept drawings, etc.) e. 35%, 65%, 95%, and final design submissions f. 35%, 65%, and 95% design reviews g. Procurements of long lead items h. Mobilization i. Testing and commissioning of major building systems j. Demobilization k. Project completion An offeror should demonstrate its understanding of the project requirements by including additional activities and milestones not listed above. An offeror's schedule should be formatted as a time scaled network diagram Critical Path Method (CPM) Schedule, in accordance with specification 01 32 17.05 20 NETWORK ANALYSIS SCHEDULES FOR DESIGN-BUILD. An offeror shall include with its proposed preliminary schedule an accompanying schedule narrative that demonstrates the offeror's understanding of the solicitation requirements. In its narrative, the offeror should explain the schedule of activities and the schedule's logic sequence and should identify and address constraints. The offeror's narrative should also include, but not be limited to, an explanation of: a. An offeror's plan to procure construction material to include key long lead items; b. Constraints on the schedule presented, such as, weather, material availability, plans to utilize multiple crews, or more than one shift, or work an extended workweek to meet the required construction completion date, etc.; and c. The integration of local/foreign labor and subcontractor firms. An offeror should also identify the critical path, key construction milestones and features of work, concurrent activities, and key deliverables. The length of the schedule should be in compliance with the stated period of performance. Resource loading of activities is not permitted. The contract awardee shall submit a Baseline Network Analysis Schedule (NAS) in accordance with the contract specifications after award. The successful offeror's preliminary project schedule may be incorporated into the resultant contract at the discretion of the Contracting Officer. Evaluation Procedures, Adjectival Ratings and Descriptions: An offeror's Technical Approach will be evaluated in its entirety to determine the offeror's understanding of the requirements and its capability and intent to execute the requirements of the solicitation expeditiously. The Government will also evaluate the extent of the offeror's consideration and intended mitigation of the inherent challenges that are specific to this project scope and location. In evaluating an offeror's Technical Approach, the Government will evaluate each component as follows: Component 1: Management Approach: The Government will evaluate proposals to determine the completeness and feasibility of an offeror's Management Approach and its understanding of the overall scope of work and anticipated challenges. The Government will evaluate an offeror's Management Approach based on the following aspects: Understanding of Scope, Overall Approach, and Plans to Address Elements of Project. The Government will assess the depth, accuracy, and completeness of the offeror's understanding of the scope of the project and the coherence of the rationale offered for the offeror's overall approach to completing the work. This will include assessment of the completeness, and appropriateness of the rationales provided for and the presented approaches to shipping and logistics (air, land, and sea), phasing, local labor and subcontractor employment, local laws, anticipated challenges to the project, and the unique requirements associated with designing and constructing Two (2) 20 MW switching stations. Organization: The Government will evaluate an offeror's plan to manage the project. The Government will assess an offeror's proposed project organization for well-defined roles, responsibilities, and authority delegated to and within its team. The Government will evaluate the offeror's plan to integrate its design team/proposed DOR into its organization and how well the offeror defines the roles that the design team/DOR will play in the decision-making process. The Government will evaluate an offeror's organizational chart and narrative to evaluate the relationships and work flow between the offeror's home office, field office, its design team/DOR, major subcontractor(s), QC personnel, and safety personnel and USACE, as well as the coherence of its plan for integration of the efforts of coventurers if the offeror is a joint venture, to ensure that all are well thought-out and do not present unnecessary risks. Component 2: Preliminary Schedule: The Government will evaluate an offeror's preliminary schedule to determine how effectively the contractor can apply its experience with and understanding of scheduling to overcome challenges and complete the requirements of this project on-time. The Government will further evaluate an offeror's preliminary schedule to determine the extent of the offeror's understanding of the solicitation requirements and for completeness and reasonableness of proposed activities and their durations, logic of activities, and sequencing of events. The evaluation will also consider how well the offeror addresses constraints on the performance of work, such as labor and material availability, permits, etc., and provides for recovery from anticipated and unanticipated setbacks. Greater Weight Considerations: a. Greater weight will be given to offerors who possess well developed schedules with major milestones identified and clearly defined and rationally determined critical paths. b. Greater weight will be given to offerors who effectively demonstrate they will self-perform more than thirty percent (30%) of the work. c. Greater weight will be given to offerors who demonstrate a sophisticated understanding of considerations specific to the design and construction of Two (2) 20 MW switching stations in their Management Approaches and Preliminary Schedules. A single technical rating will be assigned to the Technical Approach of an offeror's proposal. The rating will include consideration of risks in conjunction with a proposal's significant strengths, strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies. The Factor 2 evaluation will utilize the combined technical /risk ratings and the risk descriptions as follows: Table 1. Combined Technical/Risk Rating Method Color Rating Adjectival Rating Description Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate. Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high. Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable. FACTOR 3: PRICE Proposal Submission Requirements: Price proposals shall include the following: a. Signed Solicitation, Offer, and Award (SF 1442) with blocks 14-20c completed, including acknowledgment of all amendments. b. Completed SF 1442, Section 00 11 00, CLIN Schedule. All CLINs shall be completed with prices. c. Completed (Attachment F) Supplemental Price Breakdown and Cost Breakdown Sheet in an Excel format. Ensure figures and totals match Section 00 11 00, CLIN Schedule. This supplemental information may be used to aid the Government in determining the fairness and reasonableness of an offeror's proposed price. The total price reflected on the supplemental price breakdown sheet should correspond to the price submitted on the CLIN schedule. Any discrepancy could be considered a deficiency and result in an evaluation of the offeror's proposal as incomplete. Evaluation Procedures and Descriptions: An offeror's price proposal is evaluated through price analysis techniques as described in FAR Part 15. The Government will evaluate an offeror's price proposal in order to identify risks to the Government. Evaluation will be for demonstration of the following: a. The offeror can successfully perform at the proposed price. b. The price proposal is complete. To be complete, the offeror shall provide all data that is requested to evaluate the price. The Government will assess the extent to which the proposed prices comply with the content and format requirements set forth in this solicitation. c. The price proposal is balanced. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated. An offeror's proposal may be unacceptable if it is determined that the lack of balance poses an unacceptable risk to the Government. d. The price proposal is reasonable. For a price to be reasonable, it must roughly be in-line with current or recent market prices when adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts. In determining reasonableness, consideration is given to the Independent Government Cost Estimate (IGCE) and to prices in the market (market conditions may be evidenced by other competitive proposals in the same procurement). Consideration is also given to the technical and functional capabilities of the offeror as compared to its price. Price evaluations will not result in an assigned adjectival rating. Contract line items will, however, be analyzed to determine whether line item prices proposed for the work to be performed reflect an offeror's understanding of the solicitation requirements and are consistent with the offeror's technical proposal. Offerors are cautioned to distribute direct costs, such as, material, labor, equipment, etc., and indirect costs, such as, job overhead, home office overhead, bonding, etc., to the appropriate contract line items. Both parties shall presume that field overhead costs through the proposed contract duration are included in the offered price. Price proposals that are unreasonably high when compared to the Government estimate and market conditions may result in the proposals being considered unacceptable. With regard to the evaluation of prices specifically, among complete, balanced, and reasonable price proposals, the Government will, of course, prefer lower prices to higher prices. CLAUSES INCORPORATED BY REFERENCE 52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2016 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 Modifications 52.215-20 Requirements for Certified Cost or Pricing Data or OCT 2010 Information Other Than Certified Cost or Pricing Data 52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.225-7042 Authorization to Perform APR 2003 252.236-7008 Contract Prices-Bidding Schedules DEC1991 CLAUSES INCORPORATED BY FULL TEXT 52.214-5000 APPARENT CLERICAL MISTAKES (MAR 1995)-EFARS (a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected. (b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. (End of statement) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation. (End of provision) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation for each trade Goals for female participation for each trade Not Applicable to this contract Not Applicable to this contract These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is 20 MW Switching Station. (End of provision) 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.- (c) The amount of the bid guarantee shall be 10 percent of the bid price or $3,000,000, whichever is less.- (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.- (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Garry L. Harris, Garry.L.Harris@usace.army.mil Procuring Contracting Officer US Army Corps of Engineers (USACE), Middle East District 201 Prince Frederick Drive Winchester, VA 22602 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged to inspect the sites where the work will be performed, if at all possible. (b) An organized site visit will be scheduled 2 weeks after the project is advertised. The specific date and time to be determined. 1. As conditions allow, a site visit will be conducted and offerors are strongly encouraged to participate in the site visits. All offerors who wish to attend a site visit must contact the Area Engineer: Santiago Leonor and Arcee Florendo Note: Limit attendees to no more than two (2) per company. KPMO POCs: Santiago Leonor and Arcee Florendo Arcee Florendo Kuwait Cell: 965-9876-8898 VOIP: 540-542-1530 Email: Arcee.P.Florendo.LN@usace.army.mil Santiago Riemen C. Leonor Kuwait Cell: 965-9876-8901 Email: SantiagoRiemen.C.Leonor@usace.army.mil Please contact the above personnel for details. Contractors must submit their confirmation of the site visit three days after advertisement. (c) Should a Contractor decide to conduct a Site Investigation, due to security requirements only two individuals will be permitted for the site visit. Please provide the following employee information for gate passes with your site confirmation: 1. Name 2. Company 3. Position 4. Nationality 5. Copy of their Passport if not a Kuwait Citizen 6. Copy of their Kuwait CPR if they are a Kuwait Citizen/Resident 7. Contact information (your cell number and your email address) 8. Provide two emergency contacts to include their email address and phone numbers (End of provision) Section 00 45 00 - Representations and Certifications REPS AND CERTS A. CORPORATE CERTIFICATE If the proposal is submitted by a corporation, the Corporate Certificate below must be submitted. If the proposal is submitted by a partnership, the Authority to Bind Partnership below must be completed and a copy of the partnership agreement included with the proposal. If the proposal is submitted by a Joint Venture, the Corporate Certificate below must be completed by each member of the Joint Venture and a copy of the Joint Venture Agreement showing the percentage of ownership of each firm included with the proposal. I, _____________________________________, certify that I am the _______________________(Title) of the corporation named as Proposer/Contractor herein; that __________________________________, who signed this proposal/contract on behalf of the Proposer/Contractor was then_____________________________(Title) of said corporation; that said proposal/contract was duly signed for and on behalf of said corporation by authority of its governing body and within the scope of its corporate powers. ____________________________________ (Corporate Seal) (Signature) B. AUTHORITY TO BIND PARTNERSHIP This is to certify that the names and signatures of all partners are listed below and that the person signing the proposal had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, with the United States of America except as follows: (State "none" or describe limitations, if any). This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledged by the Contracting Officer. Names and signatures of all partners: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (End of Certification) C. DEFENSE BASE ACT (DBA INSURANCE) The mandatory DBA insurance requirement on previous USACE contracts through the Continental Insurance Company (CAN) is removed in its entirety and is converted to commercially available DBA insurance coverage from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm and is the responsibility of the offeror to obtain updated information from the DOL. CLAUSES INCORPORATED BY REFERENCE 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015 Activities or Transactions Relating to Iran-- Representation and Certifications. 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By AUG 1992 Sea CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is $36,500,000. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: ( ) Paragraph (d) applies. ( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation. (vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.) (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies. (D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.2255. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: X (i) 52.204-17, Ownership or Control of Offeror. X (ii) 52.204-20, Predecessor of Offeror. (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). (vii) 52.227-6, Royalty Information. (A) Basic. (B) Alternate I. (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. ------------------------------------------------------------------------ FAR Clause Title Date Change ------------------------------------------------------------------------ ------ ---------- ------ ------ ------------------------------------------------------------------------ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision) 52.204-20 Predecessor of Offeror (JUL 2016) (a) Definitions. As used in this provision-- Commercial and Government Entity (CAGE) code means-- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark "Unknown"). Predecessor legal name: ____. (Do not use a "doing business as" name). (End of provision) 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and (2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015) Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8: (d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated: (i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education. (ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials. (iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold. (iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. (v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-Representations. Applies to solicitations for the acquisition of commercial satellite services. (vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more. (vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy. (viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain. (ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. (2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] X (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate. ____ (iii) 252.225-7020, Trade Agreements Certificate. ____ Use with Alternate I. X (iv) 252.225-7031, Secondary Arab Boycott of Israel. ____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate. ____ Use with Alternate I. ____ Use with Alternate II. ____ Use with Alternate III. ____ Use with Alternate IV. ____ Use with Alternate V. (e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR/DFARS Clause # Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database. (End of provision) 252.209-7996 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - DOD MILITARY CONSTRUCTION APPROPRIATIONS (DEVIATION 2013-O0006) (JAN 2013) (a) In accordance with section 101(a)(10) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for military construction may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision)   Section 00 72 00 - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or MAY 2014 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016 Subcontract Awards 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications. 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding JUL 2013 Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--AUG 2011 Modifications 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005 (PRB) Other than Pensions 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data OCT 2010 Other Than Certified Cost or Pricing Data -- Modifications 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-27 Affirmative Action Compliance Requirements for APR 2015 Construction 52.222-29 Notification Of Visa Denial APR 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of FEB 2000 Contract 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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, APR 1984 Utilities, and Improvements 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) - APR 1984 Alternate I 52.236-25 Requirements for Registration of Designers JUN 2003 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed- SEP 1996 Price) (Apr 2012) - Alternate I 52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008 Contract-Related Felonies 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 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016 Incident Reporting 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.215-7000 Pricing Adjustments DEC 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.216-7009 Allowability of Legal Costs Incurred in Connection With a SEP 2013 Whistleblower Proceeding 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7024 Notice and Approval of Restricted Designs APR 1984 252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975 252.227-7033 Rights in Shop Drawings APR 1966 252.228-7003 Capture and Detention DEC 1991 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7013 Requirement for Competition Opportunity for American Steel JUN 2013 Producers, Fabricators, and Manufacturers 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for OCT 2010 Military Operations 252.247-7006 Removal of Contractor's Employees DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 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 fifteen (15) calendar days after the date the Contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than four hundred forty six (446) calendar days from NTP. The time stated for completion shall include final cleanup of the premises. (End of clause) 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $2,182.00 for each calendar day of delay until the work is completed or accepted. (b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (End of clause) 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within one hundred twenty (120) calendar days from Notice to Proceed (NTP). Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.222-26 EQUAL OPPORTUNITY (SEPT 2016) (a) Definitions. As used in this clause-- Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation. Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-- (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information. Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-- (A) Incorporation into existing employee manuals or handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1. (End of clause) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (a) Definitions. As used in this clause-- ``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of clause) 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014) (a) "Irrevocable letter of credit" (ILC), as used in this clause, means a written commitment by a federally insured financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor the offeror/Contractor can revoke or condition the letter of credit. (b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall be used. (c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured financial institution as provided in paragraph (d) of this clause, and-- (1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance period; (2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without amendment for one year from the expiration date, or any future expiration date, until the period of required coverage is completed and the Contracting Officer provides the financial institution with a written statement waiving the right to payment. The period of required coverage shall be: (i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-- (A) One year following the expected date of final payment; (B) For performance bonds only, until completion of any warranty period; or (C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period following final payment. (ii) For contracts not subject to the Miller Act, the later of-- (A) 90 days following final payment; or (B) For performance bonds only, until completion of any warranty period. (d)(1) Only federally insured financial institutions rated investment grade by a commercial rating service shall issue or confirm the ILC. (2) Unless the financial institution issuing the ILC had letter of credit business of at least $25 million in the past year, ILCs over $5 million must be confirmed by another acceptable financial institution that had letter of credit business of at least $25 million in the past year. (3) The Offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institutions have the required credit rating as of the date of issuance of the ILC. (4) The current rating for a financial institution is available through any of the following rating services registered with the U.S. Securities and Exchange Commission (SEC) as a Nationally Recognized Statistical Rating Organization (NRSRO). NRSRO's can be located at the Web site http://www.sec.gov/answers/nrsro.htm maintained by the SEC. (e) The following format shall be used by the issuing financial institution to create an ILC: ___ [Issuing Financial Institution's Letterhead or Name and Address] Issue Date _ ___ IRREVOCABLE LETTER OF CREDIT NO. ___ Account party's name ___ _ Account party's address ___ _ For Solicitation No. ___ _(for reference only) TO: [ ___ U.S. Government agency] [ ___ U.S. Government agency's address] 1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to United States $ ___. This Letter of Credit is payable at [issuing financial institution's and, if any, confirming financial institution's] office at [ ___ issuing financial institution's address and, if any, confirming financial institution's address] and expires with our close of business on ___, or any automatically extended expiration date. 2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically extended expiration date. 3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party (and confirming financial institution, if any) by the same means of delivery. 4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the confirming financial institution, if any. 5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution, if any, otherwise State of issuing financial institution]. 6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after the resumption of our business. Sincerely, ___ [ ___ Issuing financial institution] (f) The following format shall be used by the financial institution to confirm an ILC: ___ [Confirming Financial Institution's Letterhead or Name and Address] (Date) ___ Our Letter of Credit Advice Number ___ Beneficiary: ___ [U.S. Government agency] Issuing Financial Institution: ___ Issuing Financial Institution's LC No.: ___ Gentlemen: 1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by ___ [name of issuing financial institution] for drawings of up to United States dollars ___ _/U.S. $ ___ and expiring with our close of business on ___ [the expiration date], or any automatically extended expiration date. 2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at ___ _. 3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this Confirmation at our offices as specified herein. 4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition of this confirmation that it be deemed automatically extended without amendment for one year from the expiration date hereof, or any automatically extended expiration date, unless: (a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider this confirmation extended for any such additional period; or (b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party, and ourselves, of its election not to extend the expiration date of the Letter of Credit. 5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, International Chamber of Commerce Publication No. ___ -- (Insert version in effect at the time of ILC issuance, e.g., ``Publication 600, 2006 edition'') and to the extent not inconsistent therewith, to the laws of ___ --[State of confirming financial institution]. 6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17 of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption of our business. Sincerely, ___ [Confirming financial institution] (g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit: SIGHT DRAFT ___ [City, State] (Date) ___ [Name and address of financial institution] Pay to the order of ___ [Beneficiary Agency] ___ the sum of United States ___ This draft is drawn under Irrevocable Letter of Credit No. ___ ___ [Beneficiary Agency] By: ___ (End of clause) A. 52.228-15, PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2010) (a) Definitions. As used in this clause-- Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows: (1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 10 percent of the original contract price. (2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall be 10 percent of the original contract price. (3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price. (ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work. (d) Surety or other security for bonds. The bonds shallbe in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/. (e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract. (End of clause) 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (JULY 2013) (a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract. (b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c). (c) Designated Office: Name: ---------------------------------------------------------------------- ---------------------------------------------------------------------- Mailing Address: ---------------------------------------------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- Telephone Number: ---------------------------------------------------------------------- Person to Contact: ---------------------------------------------------------------------- Electronic Address: ---------------------------------------------------------------------- (End of clause) 52.233-1 DISPUTES. (MAY 2014) (a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. (b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C. chapter 71. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. (End of clause) 52.233-3 PROTEST AFTER AWARD (AUG. 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause) 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (End of clause) 52.236-4 PHYSICAL DATA (APR 1984) Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by......... [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels]. (b) Weather conditions......... (insert a summary of weather records and warnings). (c) Transportation facilities......... (insert a summary of transportation facilities providing access from the site, including information about their availability and limitations. (d).......... (insert other pertinent information). (End of clause) 52.244-2 SUBCONTRACTS (OCT 2010) (a) Definitions. As used in this clause-- Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that- (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is fixed-price and exceeds- (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: Any subcontracts over the $700,000 threshold. (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting- (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (c), (d), or (e) of this clause. (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination- (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: Not applicable. (End of clause) 52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs: (1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs. (2) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs. (3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses. (4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11). (5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate. (End of Clause) 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): FAR at http://farsite.hill.af.mil/ DFARS at http://farsite.hill.af.mil/VFDFARA.HTM UAI at http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203_1%20NOV%202014.pdf (End of clause) 52.252-4 ALTERATIONS IN CONTRACT (APR 1984) Portions of this contract are altered as follows: Not applicable at this time. (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016) (a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas. (b) Display of hotline poster(s). (1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts. (ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings. (2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from-- (i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations--Hotline, 245 Murray Lane SW., Washington, DC 20528-0305; or (ii) Via the Internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg. (c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, DC 20301-1900, or is also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm. (2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak. (3) Additionally, if the Contractor maintains a company Web site as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the Web site. (d) Subcontracts. The Contractor shall include this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item. (End of clause) 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015) (a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-- (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is-- (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT, Telephone, DSN 222-9832 or Commercial (703) 692-9832. (End of clause) 252.225-7045 BALANCE OF PAYMENTS PROGRAM--CONSTRUCTION MATERIAL UNDER TRADE AGREEMENTS--BASIC (SEP 2016) (a) Definitions. As used in this clause-- Caribbean Basin country construction material means a construction material that--- (i) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed. Commercially available off-the-shelf (COTS) item-- (i) Means any item of supply (including construction material) that is-- (A) A commercial item (as defined in paragraph (1) of the definition of ``commercial item'' in section 2.101 of the Federal Acquisition Regulation); (B) Sold in substantial quantities in the commercial marketplace; and (C) 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 (ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products. Component means any article, material, or supply incorporated directly into 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-- (i) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (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 (ii) 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. Designated country means-- (i) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu'' (Chinese Taipei)), Ukraine, or the United Kingdom); (ii) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore); (iii) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (iv) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago). Designated country construction material means a construction material that is a WTO GPA country construction material, a Free Trade Agreement country construction material, a least developed country construction material, or a Caribbean Basin country construction material. Domestic construction material means-- (i) An unmanufactured construction material mined or produced in the United States; or (ii) A construction material manufactured in the United States, if-- (A) 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 non-availability determinations have been made are treated as domestic; or (B) The construction material is a COTS item. Free Trade Agreement country construction material means a construction material that-- (i) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or (ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different construction material distinct from the material from which it was transformed. Least developed country construction material means a construction material that-- (i) Is wholly the growth, product, or manufacture of a least developed country; or (ii) In the case of a construction material that consists in whole or in part of materials from another country has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed. United States means the 50 States, the District of Columbia, and outlying areas. WTO GPA country construction material means a construction material that-- (i) Is wholly the growth, product, or manufacture of a WTO GPA country; or (ii) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different construction material distinct from the materials from which it was transformed. (b) This clause implements the Balance of Payments Program by providing a preference for domestic construction material. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements apply to this acquisition. Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials. (c) The Contractor shall use only domestic or designated country construction material in performing this contract, except for-- (1) Construction material valued at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation; (2) Information technology that is a commercial item; or (3) The construction material or components listed by the Government as follows: The following materials are exempted and can be procured from the local market: sand, gravel or other soil materials, stone, concrete masonry units, mild steel, fired brick, copper cabling, connectors, and switchgear assemblies. (End of clause) 252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016) (SEP 2015) (a) The Contractor shall- (1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities; (2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov - (i) Prior to subcontract award; and (ii) At least on a monthly basis; and (3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract. (b) The Head of the Contracting Activity has the authority to- (1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or (2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. (ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively. (c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas. (End of clause) 252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2015-O0013) (MAR 2015) (a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine any records of the Contractor to the extent necessary to ensure that funds available under this contract are not- (1) Subject to extortion or corruption; or (2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. (b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract that have an estimated value over $100,000. (End of clause) 252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND AREA OF RESPONSIBILITY (DEVIATION 2017-O0004)(SEP 2017) (a) Definitions. As used in this clause- "Combatant Commander" means the Commander of the United States Central Command Area of Responsibility. "Contractors authorized to accompany the Force," or "CAAF," means contractor personnel, including all tiers of subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S. Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments). Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States. "Designated reception site" means the designated place for the reception, staging, integration, and onward movement of contractors deploying during a contingency. The designated reception site includes assigned joint reception centers and other Service or private reception sites. "Law of war" means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law. "Non-CAAF" means personnel who are not designated as CAAF, such as local national (LN) employees and nonLN employees who are permanent residents in the operational area or third-country nationals not routinely residing with U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who perform support functions away from the close proximity of, and do not reside with, U.S. Armed Forces. Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States. "Subordinate joint force commander" means a sub-unified commander or joint task force commander. (b) General. (1) This clause applies to both CAAF and non-CAAF when performing in the United States Central Command (USCENTCOM) Area of Responsibility (AOR). (2) Contract performance in USCENTCOM AOR may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor personnel are only authorized to use force for individual self-defense. (4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause). (5) Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support. (1)(i) The Combatant Commander will develop a security plan for protection of contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because- (A) The Contractor cannot obtain effective security services; (B) Effective security services are unavailable at a reasonable cost; or (C) Threat conditions necessitate security through military means. (ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians. (2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (ii) When the Government provides emergency medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized. (3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the USCENTCOM AOR. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed. (4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the USCENTCOM AOR under this contract. (d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR are familiar with and comply with, all applicable- (i) United States, host country, and third country national laws; (ii) Provisions of the law of war, as well as any other applicable treaties and international agreements; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals. (2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause. (3) The Contractor shall ensure that CAAF and non-CAAF are aware- (i) Of the DoD definition of "sexual assault" in DoDD 6495.01, Sexual Assault Prevention and Response Program; (ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph (e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, or another Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and (iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the contractor employees (see paragraph (h)(1) of this clause). (4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any alleged offenses under- (i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or contingency operations); or (ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code). (5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area, before beginning such work, information on the following: (i) How and where to report an alleged crime described in paragraph (d)(4) of this clause. (ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (d)(4) of this clause. (iii) This section does not create any rights or privileges that are not authorized by law or DoD policy. (6) The appropriate investigative authorities to which suspected crimes shall be reported include the following- (i) US Army Criminal Investigation Command at http://www.cid.army.mil/index.html; (ii) Air Force Office of Special Investigations at http://www.osi.af.mil; (iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx; (iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html; (v) Any command of any supported military element or the command of any base. (7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office. (8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United States are aware of their rights to- (i) Hold their own identity or immigration documents, such as passport or driver's license; (ii) Receive agreed upon wages on time; (iii) Take lunch and work-breaks; (iv) Elect to terminate employment at any time; (v) Identify grievances without fear of reprisal; (vi) Have a copy of their employment contract in a language they understand; (vii) Receive wages that are not below the legal in-country minimum wage; (viii) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and (ix) If housing is provided, live in housing that meets host-country housing and safety standards. (e) Preliminary personnel requirements. (1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for each category will be specified in the statement of work or elsewhere in the contract): (i) All required security and background checks are complete and acceptable. (ii) All CAAF deploying in support of an applicable operation- (A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties; (B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by the geographic Combatant Commander (as posted to the Geographic Combatant Commander's website or other venue); and (C) Have received all required immunizations as specified in the contract. (1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific immunizations and/or medications not available to the general public. (2) All other immunizations shall be obtained prior to arrival at the deployment center. (3) All CAAF and, as specified in the statement of work, select non-CAAF shall bring to the USCENTCOM AOR a copy of the U.S. Centers for Disease Control and Prevention (CDC) Form 731, International Certificate of Vaccination or Prophylaxis as approved by the World Health Organization, (also known as "shot record" or "Yellow Card") that shows vaccinations are current. (iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit the USCENTCOM AOR and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. (iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contractor personnel traveling under DoD sponsorship. (v) All deploying personnel have received personal security training. At a minimum, the training shall- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. (vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors. (vii) Personnel have received law of war training as follows: (A) Basic training is required for all CAAF. The basic training will be provided through- (1) A military-run training center; or (2) A web-based source, if specified in the contract or approved by the Contracting Officer. (B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract. (2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.); (3) The Contractor shall notify all personnel that - (i) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime; (ii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)) or non-U.S. nationals who commit crimes against U.S. nationals in those places; and (iii) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10). (iv) Such employees are required to report offenses alleged to have been committed by or against contractor personnel to appropriate investigative authorities. (v) Such employees will be provided victim and witness protection and assistance. (f) Processing and departure points. CAAF shall- (1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause; (2) Use the point of departure and transportation mode directed by the Contracting Officer; and (3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate personnel accountability, ensure that specific USCENTCOM AOR entrance requirements are met, and brief contractor personnel on theater-specific policies and procedures. (g) Contractor Accountability and Personnel Data. The Synchronized Predeployment and Operational Tracker (SPOT) is the joint web-based database to assist the Combatant Commanders in maintaining awareness of the nature, extent, and potential risks and capabilities associated with contracted support for contingency operations, humanitarian assistance and peacekeeping operations, or military exercises designated by USCENTCOM. (1) Contractors shall account for all CAAF and non-CAAF personnel in SPOT by name. (2) Registration. The Contractor shall comply with SPOT registration requirements. (i) Contractor appointed company administrators for unclassified contracts shall register for a SPOT account at https://spot.dmdc.mil. For classified contracts, users shall access SPOT at https://spot.dmdc.osd.smil.mil. (ii) Register in SPOT using one of the following log-in methods - (A) A Common Access Card (CAC) or a SPOT-approved digital certificate; or (B) A Government-sponsored SPOT user ID and password. This type of log-in method is only allowed for those individuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT Program Management Office approval. (iii) The SPOT Customer Support Team must validate user need. This process may take 2 business days. Contractor representatives will be contacted to validate contractor administrator account requests and determine the appropriate level of user access. (iv) Refer to the OSD Program Support website at http://www.acq.osd.mil/log/PS/spot.html for the SPOT Business Rules, additional training resources, documentation regarding registration, and use of SPOT. (3) Compliance with SPOT. (i) The Contractor shall comply with the SPOT Business Rules located at http://www.acq.osd.mil/log/PS/spot.html. (A) The Contractor shall enter into the SPOT web-based system the required information on Contractor personnel prior to deployment to the designated operational area and shall continue to use the SPOT web-based system to maintain accurate, up-to-date information throughout the deployment for applicable Contractor personnel. (B) The Contractor shall ensure the in-theater arrival date (ITAD), deployment closeout dates and changes to the status of individual Contractor personnel relating to their ITAD and their duty location, to include closing out the deployment with their proper status (e.g., mission complete, killed, wounded) are updated in the system in accordance with the processes and timelines established in the SPOT business rules. (ii) SPOT non-compliance and deficiencies will be relevant to past performance evaluations for future contract opportunities in accordance with FAR subpart 42.15, Contractor Performance Information. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the continuity of essential Contractor services during designated operations, unless, after consultation with the Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs withdrawal due to security conditions. (3) The Contractor shall ensure that contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against contractor personnel to appropriate investigative authorities. (4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, at the end of their employment under this contract). (i) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, contractor personnel must- (i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and (ii) Carry the written authorization with them at all times. (2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of contractor personnel. (4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer. (j) Weapons. (1) If the Contractor requests that its personnel performing in the USCENTCOM AOR be authorized to carry weapons for individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41. The Combatant Commander will determine whether to authorize in-theater contractor personnel to carry weapons and what weapons and ammunition will be allowed. (2) If contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the Contracting Officer will notify the Contractor what weapons and ammunition are authorized. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons- (i) Are adequately trained to carry and use them- (A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; (iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition; (iv) Comply with applicable Combatant Commander and local commander force-protection policies; and (v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability. (4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (5) Upon redeployment or revocation by the Combatant Commander of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer. (k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the USCENTCOM AOR. (l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the USCENTCOM AOR whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer. (m) Evacuation. (1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel. (2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract. (n) Next of kin notification and personnel recovery. (1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted. (2) The Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense. (o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction 3020.41, Operational Contractor Support. (p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are performing in the USCENTCOM AOR. (End of clause) 252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000) (a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer. (b) The Contractor shall-- (1) Check all drawings furnished immediately upon receipt; (2) Compare all drawings and verify the figures before laying out the work; (3) Promptly notify the Contracting Officer of any discrepancies; (4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and (5) Reproduce and print contract drawings and specifications as needed. (c) In general-- (1) Large-scale drawings shall govern small-scale drawings; and (2) The Contractor shall follow figures marked on drawings in preference to scale measurements. (d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications. (e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings: Specifications and Drawings, Volume II, Two (2) 20 MW Switching Stations, Camp Arifjan, Kuwait (End of clause) 252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991) (a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item. (1) 60 percent of the lump sum price upon completion of the contractor's mobilization at the work site. (2) The remaining 40 percent upon completion of demobilization. (b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract. (1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of -- (i) Actual mobilization costs at completion of mobilization; (ii) Actual demobilization costs at completion of demobilization; and (iii) The remainder of this item in the final payment under this contract. (2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal. Section 00 73 00 - Special Contract Requirements NOTICE TO PROCEED Requirements for Issuance of Notice to Proceed The following contract requirements (a) through (g) below must be provided to the Contracting Officer through the assigned Contract Specialist. FAILURE TO PROVIDE THE FOLLOWING ITEMS TO THE CONTRACTING OFFICER WITHIN FIFTEEN (15) CALENDAR DAYS FROM NOTICE TO PROCEED SHALL BE CONSIDERED A MATERIAL BREACH OF CONTRACT AND COULD CAUSE THIS CONTRACT TO BE TERMINATED FOR DEFAULT/CLAUSE. (a). Signed acknowledgement of the Notice of Award. You must provide a complete and signed copy of the Notice of Award to the Contracting Officer. The Notice of Award is found as Attachment A to the Contract Award Letter. (b). Proof of a valid DBA Insurance policy with Department of Labor's (DOL) DBA insurance carriers for the Prime and all Subcontractors at every tier for performance of this contract. This is a contract requirement in accordance with FAR clause 52.228-3 "Worker's Compensation Insurance (Defense Base Act)". Proof of this insurance policy may be in the form of a paid invoice for DBA Insurance or an email from DOL's insurance carrier sent to the Contracting Officer. (c). Provide original and fully executed Surety or other security for bonds in accordance with FAR Clause 52.228-15 PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION. (d). Notice of Application of US Criminal Jurisdiction. In accordance with DFARS clause 252.225-7995 "Contractor Personnel Authorized to Accompany US Armed Forces Deployed Outside the United States", you are required to notify any employee working on this contract who is a US National about the overseas application of US Criminal Jurisdiction. You must provide the Contracting Officer a copy of the "Notice of Application of US Criminal Jurisdiction" that you will provide to your employees. If you will not employ US Nationals on this contract, you must provide a statement of non-applicability to the Contracting Officer. Either the notice or statement of non-applicability shall be in the form of a memorandum on your company letterhead which has been signed by an authorized representative of your company. (e). Travel Warning Notifications. In accordance with DFARS clause 252.225-7043 "Antiterrorism/Force Protection Policy For Defense Contractors Outside the United States", you are required to provide antiterrorism/force protection awareness information (i.e. Travel Warnings) to all employees performing work under this contract. You must provide the Contracting Officer a copy of these travel warnings that you will issue to your employees on your company letterhead and which has been signed by an authorized representative of your company. (f). Proof of SPOT entry of employees performing work under this contract. In accordance with DFARS clause 252.225-7995 "Contractor Personnel Authorized to Accompany US Armed Forces Deployed Outside The United States", you are required to record all personnel working under this contract in the Synchronized Pre-Deployment Operational Tracker (SPOT) system. The SPOT system is found at https://spot.atless.army.mil. This requirement is for all employees of the Prime and their Subcontractors at every tier of performance of this contract. You are required to input personnel into the SPOT system and maintain this data during the entire performance period of this contract. If your company is not already registered in SPOT, complete the SPOT registration form found as Attachment B of the contract Award Letter and return to the Contracting Officer. Once you are registered you must input at least five (5) personnel into the SPOT system. All employees assigned to the job under the contract should be entered as soon as possible and the list maintained in a current status whenever personnel changes occur. (g). EFT Wire Transfer Form. If this is your first contract with the United States Corps of Engineers (USACE) Middle Engineer District (MED), you must complete the EFT Wire Transfer Form and return to the Contracting Officer. The EFT Wire Transfer Form will be provided per request. All contracts with USACE-MED are paid by electronic funds transfer. ***End of Requirements   Section 00 73 10 - Supplemental Contract Requirements SUPPLEMENTAL CONTRACT REQUIRMENTS. A. CONTRACT ADMINISTRATION 1. The Procuring Contracting Officer is Garry L. Harris, at the following address: U.S. Army Corps of Engineers Middle East District Attention: CETAM-CT-EA/ Garry L. Harris 201 Prince Frederick Drive Winchester, VA 22602 Phone Number: 540-665-2659 E-Mail: Garry.L.Harris@usace.army.mil 2. The Project Manager, Michael DuBois, will manage this task order at the following address: U.S. Army Corps of Engineers Middle East District Attention: CETAM-PM-A/ Michael DuBois 201 Prince Frederick Drive Winchester, VA 22602 Phone Number: 540-665-3633 E-Mail: Michael.D.Dubois@usace.army.mil 3. The Contract Specialist, Diane deLathouder, will administer this task order at the following address: U.S. Army Corps of Engineers Middle East District ATTN: CETAM-CT-EA / Diane deLathouder 201 Prince Frederick Drive Winchester, VA 22602 Phone Number: 540-665-6558 E-Mail: Diane.E.deLathouder@usace.army.mil 4. The Procuring Contracting Officer, or his or her duly authorized successor, is authorized to take action on behalf of the U.S. Government, such as changes in the terms of the contract, including deviations from specifications, details, and delivery schedules. 5. Contracting Officer's Representative: A Contracting Officer's Representative (COR) will be appointed under this contract. The COR will conduct oversight of the contract work and report to the Contracting Officer. The COR will not have authority to change the terms of the contract or obligate funds of the government. B. REQUIRED INSURANCE (a) The Contractor shall procure and maintain during the entire period of performance under this contract the insurance required by the General Provisions of this contract entitled Workmen's Compensation Insurance (Defense Base Act), and Workmen's Compensation and War Hazard Insurance Overseas. A blanket waiver of the provision of the Defense Base Act is in effect for all employees of contractors and subcontractors working on Department of the Army contracts who are neither residents nor citizens of the United States, nor who were hired in the United States, at the following locations only: Belgium; France; Germany; Greenland; Guam; India; Israel; Italy; Japan; Kazakhstan; Korea South; Netherlands; Russia; Spain; Switzerland; Turkey; Uzbekistan. (b) The waiver does not apply to any employees who are (1) Hired in the United States by any contractor or subcontractor; (2) Residents of the United States; or (3) Citizens of the United States. (c) Within fifteen days from award of the contract, the Contractor shall furnish to the Contracting Officer a certificate of Defense Base Act Insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed in no event less than thirty (30) days after written notice thereof to the Contracting Officer. D. WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) (a) This Contract Requirement supplements FAR Clause 52.228-3 Workers' Compensation Insurance (Defense Base Act). (b) The Department of Labor (DOL) has approved multiple insurance carriers which promotes a competitive market environment. Therefore, USACE contractors shall obtain commercially available DBA insurance from a DOL authorized insurance carrier unless the contractor is under a self-insurance program approved by the DOL or subject to a waiver. The DOL approved carriers and self-insured employers are available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm (c) The contractor agrees to procure Defense Base Act (DBA) insurance. Proof of this insurance shall be provided to the Contracting Officer. The contractor shall submit proof of insurance for the Prime and their Subcontractor(s) at every tier. (d)The District/Center Safety and Occupational Health Manager POC is: Ms. Melanie Barajas, Phone 540-665-3746; email: Melanie.C.Barajas@usace.army.mil. (e) The Insurance carrier/Broker will conduct periodic audits of actual contractor payroll amounts. When a return is due for over-payment of premium on a specific audit, such returned premium shall be returned to the U.S. Department of Treasury. (f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers' Compensation Insurance (Defense Base Act shall be considered a material breach and could cause your contract to be terminated for default cause. E. POST AWARD CONFERENCE A Post Award Conference will be held with the successful Offeror. At the earliest practicable time, prior to commencement of work, the Contractor and any Subcontractors whose presence is necessary or requested shall meet in conference with the Contracting Officer. The purpose of this conference is to discuss and develop a mutual understanding relative to the details of the administration and execution of this contract. The Contracting Officer will establish the date, time, and location of this conference. F. SUBMITTING PAY ESTIMATES AND PAYMENTS TO THE CONTRACTOR a. The Contractor shall use Engineer Form 93 (ENG 93), Payment Estimate - Contract Performance, as its request for payment. The Contractor must submit the certification at FAR Clause 52.232-5, paragraph (c) along with each request for progress payment. The ENG Form 93 shall be sent to the Contracting Officer's Representative for certification that the work invoiced has been performed. All payments made by the U.S. Government to the Contractor for work performed under this contract will be made in U.S. Dollars. b. Progress payments are authorized under a construction contract in accordance with Contract Clause 52.232-5, "Payments Under Fixed-Price Construction Contracts," which states that the Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer. The Contracting Officer will review and approve requests for progress payments in accordance with the "Payments under Fixed-Price Construction Contracts" clause of the contract, Section 007200. When the work is certified complete and a proper invoice has been received, the Contracting Officer can process the invoice for payment through the cognizant finance and accounting office. c. Method of Payment shall be made electronically: Electronic funds transfer in accordance with Federal Acquisition Regulation (FAR Clause 52.232-34, Payment by Electronic Transfer-Other Than Central Contractor Registration. d. A Release of Claims statement shall be obtained prior to making final payment. The final invoice shall have the following statement on the invoice: "RELEASE OF CLAIMS." Upon acceptance and payment of this final invoice, the Government is hereby released from all Claims, arising by virtue of this Contract, other than claims in the stated amounts indicated below." (List all claims, if any; if none, so state.) e. For purposes of determining the contractor's compliance with clause 52.236-1, Performance of work by Contractor, the Government will require the contractor to provide the following certified information with each monthly progress payment. This information will allow the Government to verify that the contractor is in compliance with the requirement for performance of work on site with its forces. Failure to provide the certification may result in rejection of the progress payment. The contractor may use the dollar amount of paid costs for on-site labor or the number of on-site man hours worked to meet this requirement. The following certification will be provided: Progress Payment Reference Number: ___________________ A) Value/hours of total on-site labor previously paid/incurred: __________ B) Value/hours of prime contractor on-site labor forces previously paid/incurred: __________ C) Value/hours of all on-site Labor in this progress payment: __________ D) Value/hours of on-site labor in this payment performed by prime contractor forces: __________ E) Total value/hours of all on-site labor for contract (A + C): __________ F) Total Value/hours of on-site labor by prime contractor forces for contract (B + D): __________ Percentage of work performed by contractor to date: (F divided by E): _________% I certify that the above information is current, accurate and complete to the best of my knowledge and that I have the authority to provide the information requested on this form. _________ _________________________________ DATE NAME POSITION, COMPANY (End of Certification) G. CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT All communication by the Contractor with officials, representatives and/or offices of the Government of the Host Nation in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer, except as is otherwise the common practice in the processing of normal business licenses and permissions with the various levels of the Government of the Host Nation. H. COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS a. The laws of the host country may prohibit access to certain areas of the country that are under military control. The Contractor shall be responsible for advising the Contracting Officer of the names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country, so that proper clearances may be obtained from the Host Government. It is understood that areas to which rights of entry are provided by the Host Government are to be used only for work carried out under the contract and no destruction or damage shall be caused, except through normal usage, without concurrence of the Host Government. b. The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effect of the following on its own cost of performance of the contract and for including sufficient amounts in the contract price: (1) Official language and type of accounts required to satisfy the officials of the local Government. (2) Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for a regular block of visas will be accepted. (3) Passports, health and immunization certificates, and quarantine clearance. (4) Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds. (5) Strikes, demonstrations and work stoppage. (6) Collection through withholding and payment to local Government, of any Host Country income tax on employees subject to tax. (7) Arranging to perform work in the host country, to import personnel, to employ non-indigenous labor, to receive payments and to remove funds from the country. (8) Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, 7th day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others. (9) Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts. (10) Compliance with workmen's compensation laws and contributions into funds. (11) Provisions of necessary medical service for Contractor employees. (12) Special license required by the local Government for setting up and operating any manufacturing plant in the host country, e.g., concrete batching, pre-cast concrete, concrete blocks, etc. (13) Sales within the host country of Contractor-owned materials, and equipment. (14) Special licenses for physicians, mechanics, tradesmen, drivers, etc. (15) Identification and/or registration with local police of imported personnel. (16) Stamp tax on documents, payments and payrolls. (17) Base passes for permanent staff, day laborers, motor vehicles, etc. (18) Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements. (19) Unless otherwise provided in this contract, the contract price includes all applicable taxes and duties, except taxes and duties that the Government of the United States and the government of the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States. I. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 3851-1 The contractor is responsible for complying with US Army Corps of Engineers safety and health requirements as set forth in manual EM 385-1-1. The manual is posted on the worldwide web at the USACE home page: http://www.usace.army.mil Select "Library" from the top banner; select "Publications"; under "Table of USACE Publications" select "Engineer Manuals"; under the "Pub. Number" column, find and select EM 385-1-1. The manual is available in English, Arabic, Japanese and Dari. J. CONTRACTOR PERFORMANCE EVALUATIONS In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), Construction Contractor's performance shall be evaluated throughout the performance of the contract. For Construction Contracts awarded at or above $700,000.00, the USACE shall monitor the Contractors compliance with the past performance evaluation requirements (see 42.1502), and use the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS) metric tools to measure the quality and timely reporting of past performance information. Past performance evaluations shall be prepared at least annually and at the time the work under a contract or order is completed. Past performance information shall be entered into CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/. K OPTIONS TO EXERCISE Not Applicable. L. INSTALLATION ACCESS Work under this contract may be performed at a location with security and access control procedures. Compliance with base pass and access procedures, as well as understanding of the time frames for obtaining base passes and access are the sole responsibility of the Contractor, and is required to be accomplished prior to initiation of the process for gaining access to controlled sites. Contractor shall be responsible for determining the nature and amount of any fees required. Contractor is responsible for all workers granted access pursuant to work under this contract. M. USACE ACQUISITION INSTRUCTION (UAI) Clauses incorporated by reference (Refer to the USACE UAI Version 3 effective November 1st, 2014 to view the following clauses in full text) 5152.236-9000 Design-Build Order of Precedence 5152.236-9001 Personnel, Subcontractors and Outside Associates or Consultants 5152.236-9002 Government-Furnished Drawings, Surveys, and Specifications in the Request For Proposal 5152.236-9003 Government-Furnished Specifications and Drawings for Construction 5152.236-9004 Responsibility of the Contractor for Design 5152.236-9005 Warranty of Design 5152.236-9006 Deviating from the Accepted Design 5152.236-9007 Contractors' Role During the Design Process 5152.236-9008 Value Engineering after Award 5152.236-9009 Partnering (Incorporated as Full text) 5152.236-9010 Government Re-Use of Design 5152.249-9000 Basis for Settlement of Proposals 5152.236-9009 Partnering In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Government, Contractor, primary subcontractors and designers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be totally voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be borne by each party with facility cost shared equally between parties, as applicable. The partnering meetings will be held in Kuwait. (End of Requirement) ATTACHMENTS 1.Specifications and Drawings 2.Proposal Schedule 3.Cost Breakdown Sheet 4.Attachment A - Corporate Certificate/Authority to Bind Partnership 5.Attachment B - Construction Experience Overview Sheet 6.Attachment C - Construction Experience Information Sheets 7.Attachment D - Past Performance Questionnaire
 

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