A21_Combined Synopsis Solicitation_W912P822R0019 (upd. w-dwgs)_.pdf
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- Solicitation number
- W912P822R0019
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This is a combined synopsis/solicitation for a commercial supply procurement issued by the U.S. Army Corps of Engineers Engineering District New Orleans. The solicitation seeks proposals to furnish and deliver graded crushed limestone to five delivery sites located in Louisiana. The required limestone must meet specified quality and gradation requirements. Offerors must quote pricing for a base quantity of 101,000 net tons of limestone delivered to the sites, with an optional additional quantity of 10,000 tons. Proposals are due by February 9, 2022 and the award will be made to the responsible offeror with the lowest priced proposal that meets the technical requirements. The contract will have a one year period of performance.
The document provides detailed requirements for the limestone materials, delivery procedures, stockpile locations, safety standards, and other administrative terms. Offerors must be registered in the System for Award Management (SAM) and visit all five delivery sites. The solicitation is set aside only for women-owned small businesses and incorporates standard commercial item and FAR clauses. The U.S. Army Corps of Engineers New Orleans District will administer the resulting contract.
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This is a combined synopsis/solicitation for a commercial supply procurement prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
proposals are being requested and a written solicitation will not be issued.
The U.S. Army Corps of Engineers, New Orleans District, has a new requirement which consists of furnishing all plant, labor and materials and performing all work necessary to obtain and deliver graded crushed stone to the five (5) delivery sites identified on the enclosed site maps. Delivery may be via barge or truck. Solicitation Number W912P8-22-R-0019 is being issued as a 100% Women- Owned small business (WOSB) Set Aside only procurement under a Request for Proposal (RFP). It is being procured as Firm-Fixed Price under FAR part 12, Acquisition of Commercial Items, and FAR part 13, Simplified Acquisition Procedures. The designated NAICS code is 484220 – Specialized Freight (Except Used Goods) Trucking, Local, with a size standard in millions of dollars as $30 million dollars. The PSC code for this requirement is 5610 – Mineral Construction Materials, Bulk.
The solicitation document and incorporated provisions and clause are those in effect through Federal Acquisition Regulation Circular (FAC) 2005-97.
General Instructions to Offerors
All Offerors MUST be registered in SAM as a Small Business under NAICS code 484220 to be considered for award. If you are not registered with SAM, you may contact the SAM Help Desk at 1- 866-606-8220 or register on-line at http://sam.gov.
IAW 5.203, Publicizing and Response time. The contracting officer should consider the circumstances of the individual acquisition, such as complexity, availability, and urgency, when establishing the solicitation response time. Proposals are to be received via e-mail no later than 10:00 AM (Central Standard Time) on 9 February 2022. (Your E-mail submission must be checked and determined to be "virus-free" prior to submission). The Government requires your proposal remain valid for 60 calendar days from date of submission, and any questions regarding this synopsis/solicitation, shall be submitted by e-mail to the Contract Specialist, Anedra Baldwin at Anedra.A.Baldwin@usace.army.mil no later than 10:00 AM (Central Standard Time) on 24 January 2022. The Government is under no obligation to provide a response to late questions.
The basis of award will be Lowest Priced Offeror(s). Additionally, Offerors must quote on all items to be eligible for award. The Government will award one (1) contract resulting from this solicitation to the responsible Offeror(s) whose Offer conforms to ALL requirements of the solicitation.
Offerors are informed that the Government does not intend to conduct discussions as part of the evaluation process unless the Government determines it is in the best interests of the Government to do
so. Therefore, Offerors should provide all the information required and requested by the solicitation at the time of its initial proposal submission.
mailto:Anedra.A.Baldwin@usace.army.mil
"FY22" Levee Surface Material Limestone purchase for Simmesport and 4 other locations
CRUSHED STONE FOR LEVEE CROWN RESURFACING
EAST ATCHAFALAYA BASIN PROTECTION LEVEES (EABPL)
* also call “American 610 limestone”, “limestone”, “graded crushed stone” or “stone” throughout this P&S
Price Schedule
*NOTE: Offeror is required to visit all 5 delivery sites prior to submission of proposal.
Item Number
Description Quantity Units Unit Price
Extended Amount
Required Delivery Method *
0001 Furnish and Deliver Graded Crushed Stone to Simmesport, Avoyelles Parish stockpile. See attached map Site 1. ***See special requirement at this stockpile***
22,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
0002 Furnish and Deliver Graded Crushed Stone to Morganza
Floodway Levee near Ravenswood Barn of East
Atchafalaya Basin Protection Levee (EABPL). Point Coupee
Parish. See attached map Site 2.
2,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
0003 Furnish and Deliver Graded Crushed Stone to St. Mary Parish stockpile. See attached map Site 3.
22,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
0004 Furnish and Deliver Graded Crushed Stone to East Atchafalaya Basin Protection Levee (EABPL). North of Highway 190. Point Coupee Parish. See attached map Site 4. ***See special requirement at this stockpile***
20,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
0005 Furnish and Deliver Graded Crushed Stone to East Atchafalaya Basin Protection Levee (EABPL). Ramah, South of I-10. Iberville Parish.
See attached map Site 5.
25,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
OPTION
Furnish and Deliver Graded Crushed Stone to East Atchafalaya Basin Protection
Levee (EABPL). Ramah, South of I-10. Iberville Parish.
See attached map Site 5.
10,000 Net Ton (2,000 lbs.)
$ $ Barge or truck (site visit is recommended)
Total Bid 101,000 Net Ton (2,000 lbs.)
Section B – Project Information
B.1 Points of Contact: Contact the following for information on this delivery project.
1. For C.O.R (Contracting Officer Representative) information concerning plan and specifications contact:
Mr. John Page
US Army Corps of Engineers-Lafayette Area Office (USACE-LAO), 646 Cajundome Blvd., Suite 301
Lafayette, LA 70506, Contracting Officer's Representative
Q. A. Section "B" - Structures & Revetments Office: (337) 291-3015
Cell: (504) 390-5869
John.R.Page@usace.army.mil.
2. For technical information concerning plans and specifications contact:
Mr. Stephen Dalferes, Civil Engineer, Operations Technical Support
US Army Corps of Engineer, New Orleans District 7400 Leake Ave.
New Orleans, Louisiana 70118 Telephone (504) 862-1815. Stephen.L.Dalferes@usace.army.mil
3. For information regarding bidding procedures or bonds, contact:
Contracting Division, POC: Anedra Baldwin
US Army Corps of Engineers, New Orleans District, 7400 Leake Ave., New Orleans, Louisiana 70118
Telephone (504) 862-1754, Anedra.A.Baldwin@usace.army.mil
B-2 Safety: All work shall be performed in accordance with the U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual, EM 385-1-1, November 2014. This Edition is available for download at the URL below:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf mailto:John.R.Page@usace.army.mil mailto:Stephen.L.Dalferes@usace.army.mil mailto:Anedra.A.Baldwin@usace.army.mil http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
The work area and conditions, and type of work required create considerable potential for accidents. The Contractor shall submit an Accident Prevention Plan (APP) indicating how accidents will be prevented.
The Contractor shall have on the site during working hours a trained Site Safety and Health Officer (SSHO) in accordance with paragraph
01.A.17 of EM 385-1-1. The Contractor shall not commence physical work at the site until the Contracting Officer, or his/her authorized representative has accepted the plan.
B-3 Security Requirements:
B-3.1 Suspicious Activity Reporting Training: The contractor and all associated sub- contractors shall receive a brief/training (provided by the MVN Security Office) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.
B-3.2 Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
Section C –Statement of Work
C-1 SCOPE OF WORK. The work covered by this section consists of furnishing all plant, labor and materials and performing all work necessary to obtain and deliver graded crushed stone to the five
(5) delivery sites identified on the enclosed site maps. Delivery may be via barge or truck, as indicated in the Section B. Different delivery methods may be chosen for different sites, but the same method shall be used for all deliveries to any one particular site under this contract. The work includes unloading the trucks or barges and placing the stone in the designated stockpile location(s) at each delivery site, including shaping the stockpile as necessary for stability, as directed by the Contracting Officer or authorized Government representative. Multiple award may be made, but to no more than one contractor per delivery site.
C-2 REFERENCES. The following publications form a part of this specification to the extent indicated by the references thereto.
http://www.uscis.gov/e-verify)
LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (DOTD),
TESTING PROCEDURES MANUAL (TPM), VOLUMES 1 AND 2.
TR 112M/112-99 Amount of Material Finer than the 75µm (No. 200) Sieve in Aggregate by Wash
TR 113M/113-99 Sieve Analysis of Fine and Coarse Aggregate
TR 428-67 Determining the Atterberg Limits of Soils
AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
ASTM C88 (2005) Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
ASTM C131 (2006) Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine
ASTM D 75 (2009) Sampling Aggregates
ASTM D 3740 (2010) Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction
AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS
(AASHTO).
T-180-97 Moisture-Density Relations of Soils Using a 10-lb Rammer and an 18-inch Drop
C-3 SUBMITTALS. Certified quality (abrasion loss, soundness, and Atterberg Limits) and gradation test results of surfacing material shall be submitted to the Contracting Officer's Representative (COR) for approval prior to shipment.
C-4 QUALITY CONTROL
C-4.1 General. The Contractor shall establish and maintain quality control to assure compliance with contract specifications and maintain records of his quality control for all operations including but not limited to quality and gradation of stone, bills of lading, etc.
C-4.2 Reporting. The original and two copies of these records, as well as the records of corrective action taken, shall be furnished the Government on each day a delivery is made.
C-4.3 Sampling and Testing. Sampling and testing shall be the responsibility of the Contractor and shall be performed at no additional cost to the Government. Sampling and testing shall be performed by an approved commercial testing laboratory in compliance with ASTM D 3740. No material shall be delivered until certificates of compliance have been received and approved by the COR or authorized Government representative.
C-4.3.1 Sampling. Sampling of material shall be performed in conformance with ASTM D 75.
Sampling will be observed by the COR.
C-4.3.2 Testing. Testing of crushed stone shall be performed at a minimum frequency of one set of tests per 5,000 tons or fraction thereof of surfacing material placed. Testing shall include gradation, Atterberg limit testing as indicated in the paragraph below entitled “Crushed Stone”. Test performance shall be pursued in such a manner that the results are obtained in the minimum time frame. All test results shall be furnished to the COR to confirm materials compliance with the specifications. Crushed stone not meeting the specifications shall be removed from the site and replaced with crushed stone meeting the specifications.
C-5 CRUSHED STONE. Crushed stone from approved shall consist of 100 percent stone and shall meet the following requirements when tested in accordance with DOTD TR 112 and TR 113:
U. S. Sieve Percent Passing
1½ inch 100
¾ inch 50 - 100
No. 4 35 - 65
No. 40 10 - 32
No. 200 3 - 15
The fraction of material passing the No. 40 sieve shall conform to the following requirements when tested in accordance with DOTD TR 428:
Liquid Limit (LL.) 25 (Max)
Plasticity Index
(PI)
4 (Max)
Crushed stone shall show an abrasion loss of not more than 40 percent when subjected to five cycles of the magnesium sulfate soundness test in accordance with ASTM C 131 and a soundness loss of not more than 15 percent when tested in accordance with ASTM C 88.
C-6 DELIVERY. Deliveries shall only be made when the COR or authorized Government representative is available to inspect and approve the delivered material and direct placement of the crushed stone into the appropriate piles within the site. Delivery shall not commence before 8:00 a.m. nor end after 5:00 p.m. on any given day, unless previously agreed by all involved parties. Work will not be performed on Federal Holidays, unless approved in advance by the Contracting Officer.
The ten (10) Federal Holidays observed are:
New Year’s Day 1 January
Martin Luther King’s Birthday 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth National Independence Day 19 June
Independence Day 4 July
Labor Day First Monday in September
Columbus Day 2nd Monday in October
Veterans Day 11 November
Thanksgiving Day 4th Thursday in November
Christmas Day 25 December
Placement directions may be made by staking and/or flagging of the piles to be used, or by verbal instructions, or a combination of the two. Material placed outside of the directed area(s) will not be considered for measurement or payment.
C-6.1 Delivery by Barge. Deliveries by barge shall be made to the East Atchafalaya Basin Levee Protection sites, St. Mary Parish site and Simmesport site’s stockpile shown on the attached maps. The Contractor shall provide the necessary equipment to unload the barges for placement into pile locations as directed by the COR or authorized Government representative. Said equipment shall include cranes or draglines, dump trucks, front end loaders, etc. as necessary to move the stone from the deck of the barge to the designated stockpile site. The Contractor is hereby advised that the stockpile site(s) at any given delivery location may or may not be laid out such that “double-handling” of material is necessary. The Contractor shall verify the equipment necessary at a given site prior to making deliveries to that site.
Barge unloading equipment and procedures shall be such that spillage and/or wastage of material are minimized.
C-6.2 Delivery by Truck. Deliveries by truck shall be made to the East Atchafalaya Basin Levee Protection sites, St. Mary Parish site and Simmesport site’s stockpile shown on the attached maps. The trucks shall deposit the delivered material into piles at locations as directed by the Contracting Officer or authorized representative.
C-7 STOCKPILES. Materials described in these specifications shall be delivered, unloaded, and placed into the stockpile configuration(s) shown on the drawings and defined herein, and shall be piled to a maximum height of six feet from the natural ground elevation or otherwise note.
C-7.1 Site Preparation. The stockpile sites will be prepared by others prior to the Contractor’s delivery of materials. The Contractor shall provide 2 weeks notice in advance of the scheduled delivery dates to the COR at the US Army Corps of Engineers – Lafayette Area Office (USACE- LAO).
C-7.2 Placement of Material. The Contractor shall place the graded crushed stone into the stockpile locations, and shape the stockpile as necessary to ensure the stability of the pile (See attached drawing).
C-8 SITE ACCESSIBILITY. One or more barge-accessible sites may be rendered temporarily inaccessible depending on river level conditions and/or vessel draft. During high- water conditions, construction equipment may be banned from accessing the batture or levee crown in order to prevent levee damage. If conditions prevent access to the delivery site, the Contractor shall immediately notify the Contracting Officer and provide a revised delivery schedule.
Consideration for weather related delays will be provided at the discretion of the Contracting Officer.
C-9 STONE SOURCES. Stone source (s) must be manufactured/produced by a Small Business due to the Non-Manufacturer Rule (NMR). It must also be a product of the United States. Stone of foreign origin is not allowed. Only stone that meets the quality requirements of this specification will be considered for acceptance.
It is the Contractor’s responsibility to determine that the stone source or combination of sources selected is capable of supplying the quantities and gradations needed and at the rate needed to maintain the scheduled progress of the work.
The Contractor shall designate in writing only one source or combination of sources from which he proposes to furnish crushed stone. Samples for acceptance testing shall be provided as required by these specifications. If the Contracting Officer does not accept the source designated by the Contractor for use, then the Contractor shall propose another source or sources that meet the quality requirements of this specification at no additional cost to the Government.
Acceptance of a source of stone does not constitute acceptance of all stone from that source. The Government reserves the right to reject materials that do not comply in whole or in part with these specifications.
Section D – Reserved
Section E – Inspection and Acceptance
E-1 MEASUREMENT. Material shall be measured by the Net Ton (2,000 lbs.) graded crushed stone, meeting or exceeding the technical requirements in Section C of these specifications, satisfactorily placed at the appropriate stockpile site.
E-1.1 Barge Delivery. If delivery is made by barge, then weight in tons shall be determined by on-deck measurement, i.e. by difference in barge displacement between empty and loaded conditions, as measured by changes in draft at the four corners of the barge and adjusted for any rake at the ends of the barge. Any water that has filled in the barge must be removed prior to taking the difference in barge displacement.
The Contractor shall furnish, not less than 10 days prior to delivery, a barge displacement table for each barge to be used under this contract for delivery of crushed stone. The Contractor shall also furnish a drawing or sketch of each barge, dimensioned in sufficient detail to permit checking the tables. Each table shall have its accuracy certified by a person or firm, other than the Contractor, customarily performing this service, and whom the Contracting Officer has approved.
E-1.2 Truck Delivery. Measurement will be made by the ton in approved vehicles as determined by the difference between empty weight and loaded weight. Empty weight and loaded weight shall be indicated on the bill of lading, both weights measured on the same State- certified scales. Empty weight of the vehicles shall be determined when the vehicle’s fuel tanks are full, so that variations in fuel load will not affect the measured payload. Trucks shall be covered to prevent spillage of stone during transport. Truck tickets shall be provided to the authorized Government Representative upon delivery.
Section F – Contract Performance
F-1 POST-AWARD CONFERENCE. The Contractor shall attend a post-award conference scheduled by the Contracting Officer following award of the contract. All submittals required in Section C of these specifications shall be submitted prior to this pre-work meeting.
F-2 NOTICE TO ALLOW DELIVERY. After the Contractor has provided all required documentation and the Contracting Officer determines that all submissions are acceptable, the Contractor will be given Notice to Allow Delivery. The Contractor may begin to deliver stone after this date. All deliveries shall be coordinated with the COR or authorized Government representative.
F-3 OPTIONAL WORK. Due to the nature of critical work on the levee; the Government has the right to request additional limestone material before the work is complete. The quality of additional limestone material will be the same. Maximum additional limestone material will be 10,000 tons or less.
F-4 COMPLETION OF WORK. The Contractor shall complete all work required under this contract within 365 calendar days after Notice to Allow Delivery, plus any extensions granted by the Contracting Officer.
F-5 EFFECT OF RIVER STAGES. If a given stockpile site is located on the batture (i.e. between the levee and the bank line), then it is possible that high Atchafalaya River stages may render delivery to that site temporarily inaccessible to trucks or heavy equipment used to off- load barges and/or handle the stone. Low river stages may make access by barge more difficult by requiring the barge to be located farther away from the designated stockpile site. Contract extensions due to weather or river conditions affecting the sites will be granted at discretion of the Contracting officer.
Section G – Contract Administration Data
G-1 BASIS FOR PAYMENT. The Contractor’s payment shall be for actual short tons of graded crushed stone satisfactorily delivered, as measured per the description in Section E of these specifications, times the Unit Price, up to but not to exceed the Quantity proposed by the Offeror.
No payment will be made for delivery of graded crushed stone in excess of the Quantity.
G-2 PAYMENT. Payment shall be made for limestone delivered and accepted by the Government to the delivery destinations as set forth in this contract. Payments shall be made in accordance with FAR 52.212-4, Contract Terms and Conditions – Commercial Items and the Prompt Payment Act and prompt payment regulations.
G-3 INVOICING INSTRUCTIONS. Invoice Payment Information: Mail original invoice to the address in Block 18a. Also, a copy of the invoice shall be submitted to the following receiving agent: Stephen.L.Dalferes@usace.army.mil and kirk.e.dietrich@usace.army.mil
Attached is a link for invoice instructions:
http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx
Contractors can submit invoices to CEFC-Payments CEFC-Payments@usace.army.mil
G-4 POINTS OF CONTACT FOR SITE VISIT. Site visits shall be arranged by the Contracting Officer or authorized Government representative.
Section H – Special Contract Clauses
H-1 US COAST GUARD REGULATIONS. For delivery by barge, the Contractor shall display lights and/or day signals as required by 33 CFR 84 through 90 (Inland Navigation Rules) as applicable, and comply with all applicable US Coast Guard regulations.
H-2 DRAWINGS AND ATTACHMENTS. The drawings and attachments identified below are provided for reference purposes, and are enclosed in the attached file.
Drawing Stock pile typical section (USACE H-8-45756). Contractor shall adhere to this limits of permissible stockpile on riverbanks.
Site 1 – Simmesport stockpile (30.966702, -91.80787). ***special requirement at this stockpile: limit the stockpile to no higher than 10’ (keep the stockpile at least 15’ away from the levee toe and 15’ away from the tree line)***.
mailto:Stephen.L.Dalferes@usace.army.mil mailto:kirk.e.dietrich@usace.army.mil http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx mailto:CEFC-Payments@usace.army.mil
Site 2 - Ravenswood Barn Stockpile (30 40’ 05.5”, -91 39’ 26.8”). This area is approximately 1 acre.
Point Coupee Parish.
Site 3 - St. Mary Parish limestone stockpile (29 49 28.20, -91 32 14.23)
Site 4 - East Atchafalaya Basin Protection Levee (EABPL). North of Highway 190. Point Coupee Parish.
(30.5713, -91.6566). ***special requirement at this stockpile: 50’ wide x 770’ long for stockpiling area and limit the stockpile to no higher than 10’ (keep the stockpile at least 15’ away from the levee toe and 15’ away from the tree line)***.
Site 5 - East Atchafalaya Basin Protection Levee (EABPL). South of I-10. Iberville Parish. Stockpile (30 23’ 53.86”, -91 30’ 33.80”) area is approximately 4 acres.
H-3 GENERAL INSURANCE REQUIREMENTS
REQUIRED INSURANCE SCHEDULE: The Contractor and any subcontractors shall procure and maintain during the contract period the following minimum insurance in accordance with the FAR 52.228-5, Insurance-Work on a Government Installation.
Workmen’s Compensation and Employer’s Liability Insurance.
Employer’s Liability Insurance. Compliance with applicable workmen’s compensation and occupational disease statutes will be required. The Contractor shall furnish evidence of employer’s liability insurance in an amount not less than $100,000.
General Liability Insurance. The Contractor shall furnish evidence of bodily injury liability insurance in the minimum limit of $500,000 per occurrence on the comprehensive form of the policy.
Automobile Liability Insurance. This insurance shall be provided on the comprehensive form of policy and shall provide injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be provided. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required 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 and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.
The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.
Section I – Contract Clauses
DFARS 252.236-7002 Dec 91 or later. Obstruction of Navigable Waterways.
Other FAR, DFARS, AFARS, and/or EFARS clauses as appropriate.
Section J – Reserved Section K – Reserved
Section L – Instructions, Conditions, and Notices to Offeror
L-1 OFFER. Offeror shall submit a proposal for all line items. Offeror is advised to ensure that their fixed operating costs, proportional operating costs, and profit are distributed equitably among all line items.
L-2 DELIVERY METHOD. See the required delivery method indicated in the Price Schedule.
L-3 SITE VISITS. The Offeror is required to visit the delivery site(s) prior to start of delivery to ascertain on-site conditions that may affect his ability to economically perform the work under this contract. Contact the Contracting Officer of authorized Government representative to arrange site visits.
Section M – Evaluation Factors for Award
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose Offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Technical Acceptability - Technical Acceptability is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the specifications, including evidence of the Offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule of 30 calendar days after receiving Notice to Proceed (NTP).
To be determined Technically Acceptable Offerors shall submit proof of the following with their proposal:
- Availability of the necessary equipment/machine (bulldozer, excavator …etc..) to stockpile the limestone.
- Availability of the necessary personnel (flag man, heavy machine operator, safety officer….etc..).
- Name of the limestone sources (limestone quarry company name, address and phone number).
2. Past Performance - to demonstrate satisfactory past performance the Offeror shall provide documentation of satisfactory performance on past or current contracts of a similar type, size, scope and complexity, performed within the last three (3) years including references, with names and contact information of the references who can verify such past performance.
3. Price - All proposals submitted will be evaluated for Technical Acceptability, Satisfactory Past Performance and Price. The government will issue award to the Offeror whose proposal is the Lowest Price of those determined to meet at least the minimum requirements to be determined technically acceptable & demonstrates satisfactory past performance.
(b) Options. The Government will evaluate Offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an Offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an Offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the Offer, shall result in a binding contract without further action by either party. Before the Offer's specified expiration time, the Government may accept an Offer (or part of an Offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Section N – Sustainable Acquisition
Sustainable Acquisition: In accordance with USACE regulations, the following sustainable acquisition requirements are applicable to this procurement.
EPA Designated (CPG)
Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.
Bio-based
The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level.
Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.
http://www.epa.gov/epawaste/conserve/tools/cpg/products
The following clauses apply to this RFP and resulting contract: FAR 52.212-4, Contract Terms and Conditions-Commercial Items, FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials, 252.204-7004 Alternate A System for Award.
As per FAR 12.603, the following provisions apply:
52.212-1, Instructions to Offerors- Commercial
52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL
ITEMS (MAR 2020) ALTERNATE I (OCT 2014)
Note: 52.212-3 shall be completed in the offerors System for Award Management (SAM) record.
As per FAR 12.603, the following clauses apply:
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
DEC 2021
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
DEC 2021
52.207-2 Notice Of Streamlined Competition MAY 2006 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
DEC 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-17 Delivery of Excess Quantities SEP 1989
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
DEC 2021
52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)
DEC 2021
52.215-1 Instructions to Offerors--Competitive Acquisition DEC 2021 52.222-25 Affirmative Action Compliance APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2021
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Products and Commercial
Services
DEC 2021
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) 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
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7002 Obstruction of Navigable Waterways DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(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 by unique location; 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.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.204-20 Predecessor of Offeror (AUG 2020)
(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 by unique location; 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).
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
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.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)
https://www.sam.gov/
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in…
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