A21 W912P922B0031.pdf

SHORELINE REVETMENT AT LAKE SHELBYVILLE

The w ork covered by this contract consists of furnishing all labor, equipment, and materials necessary for the mobilization and installation of offshore breakw ater structures w ithin the Lake Shelbyville Project boundary line. All excavation, site preparation, backfilling, and placement of riprap along the shoreline shall require the use heavy equipment, w ork barge and/or boat, and dump trucks. Some areas are accessible by land. All Riprap shall be contractor furnished and have a quality designation of “A” as per Illinois Department of Transportation (IDOT) standards. Contract Areas and Construction limits: The primary contract areas are located on the shoreline of Lake Shelbyville located in Shelbyville, IL w ithin the Illinois Counties of Shelby and Moultrie.

The Magnitude of this project is more than $10,000,000.00.

This acquisition is Small Business Set-Aside.

X

TWILA A HOPKINS 314 331-8124

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

21-Aug-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________19 Sep 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

314 331-8746FAX:TEL: TEL: FAX:

W912P922B0031 75

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

BID SCHEDULE AND NOTES

00 00 10 BIDDING SCHEDULE

Item Estimated Unit Estimated No. Description Quantity Unit Price Amount _

ORDERING PERIOD 1

0001. Mobilization and Demobilization 2 EA _

0002. Breakwater Structures 30,000 TN _

0003. Alt. Stone Structure TBD TBD TBD TBD

ORDERING PERIOD 2

1001. Mobilization and Demobilization 2 EA _

1002. Breakwater Structures 20,000 TN _

1003. Alt. Stone Structure TBD TBD TBD TBD

ORDERING PERIOD 3

2001. Mobilization and Demobilization 2 EA _

2002. Breakwater Structures 20,000 TN _

2003. Alt. Stone Structure TBD TBD TBD TBD

ORDERING PERIOD 4

3001. Mobilization and Demobilization 2 EA _

3002. Breakwater Structures 20,000 TN _

3003. Alt. Stone Structure TBD TBD TBD TBD

* ORDERING PERIOD 5

4001. Mobilization and Demobilization 2 EA _

4002. Breakwater Structures 20,000 TN _

4003. Alt. Stone Structure TBD TBD TBD TBD

*Bid Sheet prices for option period five (5) will be used for the 52.217-8 clause.

ORDER PERIOD 1 TOTAL _____

ORDER PERIOD 2 TOTAL _____

ORDER PERIOD 3 TOTAL _____

ORDER PERIOD 4 TOTAL _____

ORDER PERIOD 5 TOTAL _____

TOTAL $ _____

(See BIDDING SCHEDULE NOTES)

W912P922B0031

BIDDING SCHEDULE NOTES

1. Legend for Unit of

Measurement EA = Each TN = Ton TBD = To Be Determined

2. All quantities shown on the BIDDING SCHEDULE are estimated quantities. All Estimated quantities are to be used for bid evaluations only. The government is not restricted to these quantities and quantities issued over the duration of the contract are subject only to the following parameters:

Minimum Order Per Task Order: $2,500.00

Cumulative Guaranteed Minimum (Overall Contract): $2,500.00 Cumulative Maximum (Overall Contract): $24,000,000.00

3. TBD items shall be defined and negotiated at the Task Order

Level via supplemental specifications or statements of work issued via Request for Proposal.

4. When bids are solicited on a unit price basis, bidders shall insert in the spaces provided therefore in the SCHEDULE both the "unit price" and the "estimated amount" resulting from applying the said unit price to the estimated quantity shown. In event the bidder quotes only a total price ("estimated amount") in its bid and fails to quote the unit price, the Government will determine such unit price by dividing the total price quoted by the quantity of the item set out in the SCHEDULE. The bidder agrees that the unit price so determined shall be used for the purpose of bid evaluation, award and all payments to the Contractor including final payment.

5. All Prices are on a Firm Fixed Price Basis.

6. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid and the extension will be corrected accordingly.

7. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

8. Bidders are required to bid on all items listed on the Bidding

Schedule in addition to inserting a total quoted bid in the appropriate space provided with the exception of items marked as TBD, “To Be Determined”. Failure to do so will be considered good cause to disqualify the bid.

9. Information concerning Indefinite Quantity Contracts, as well as the issuance and limitation of deliver orders may be found in Section 0700, Contract Clauses.

SCOPE OF WORK

SHELBYVILLE SHORELINE REVETMENT

SCOPE OF WORK

SCOPE OF WORK AND DRAWINGS WILL BE ATTACHED SEPARTELY DUE TO THE SIZE OF THE FILE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Shelbyville Lake Shoreline Revetment

FFP

FOB: Destination

NET AMT

0002 1 Job Shelbyville Lake Shoreline Revetment

0003 1 Job Shelbyville Lake Shoreline Revetment

0004 1 Job Shelbyville Lake Shoreline Revetment

0005 1 Job Shelbyville Lake Shoreline Revetment

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A LAKE SHELBYVILLE PROJECT OFC

REBECCA WHEELER

US ARMY ENGR DIST ST LOUIS

1989 STATE HIGHWAY 16

SHELBYVILLE IL 62565-4631

217 774-3951

965116

0002 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2024 TO

29-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2025 TO

29-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-SEP-2026 TO

29-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

SCR-203-11

Enclosure 1

(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS- BACON ACT CERTIFIED LABOR PAYROLLS (April2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis- Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

CONDITIONS AND NOTICES TO BIDDERS

A. BIDDING MATERIAL – Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through the (Contract Opportunities) website at: https://www.sam.gov. Prospective Bidders should submit technical questions concerning this Invitation for Bid via email to Contract Specialist, Twila Hopkins at twila.a.hopkins2@usace.army.mil.

BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Bidding Schedule

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Bid Bond (Standard Form 24)

6. Equipment List

7. Financial

8. Subcontractor Agreements.

9. A statement from the prime to what work will be accomplish by the prime contractor.

B. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidder acknowledges the requirement that a prospective awardee must be registered in the beta.SAM.gov database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Lack of registration in the SAM database will make a bidder ineligible for award. Bidders and contractors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or at:

https://www.sam.gov

(1) Lack of registration in the beta.SAM.gov database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management”.

(2) Attention to contractor(s): Effective March 22, 2018, you must submit a notarized letter appointing the authorized entity administrator before your registration will be activated. This requirement now applies to both new and existing entities. Make sure your SAM profile includes “all awards” and not just “Federal Assistance Awards” as this option is only for grants and cooperative agreements. Please visit https://www.sam.gov for more information.

NOTICE: This is a 100% SMALL BUSINESS SET-ASIDE UNDER NAICS 237990. Your SAM.gov account must reflect that your entity IS a small business under this NAICS to be considered for award.

C. SITE VISITS – A site visit is scheduled for Wednesday, 31 August 2022, at 10:00AM CST. The visit will take place at Shelbyville Lake Visitor’s Center, located at 1989 State Route 16 Shelbyville, IL 62565 POC for directions: Matt Miller Project Phone Number (217) 774-3951 X 7011.

The Contracting point of contact is Contract Specialist, Twila Hopkins.

(1) QUESTIONS regarding this IFB are due by 10:00AM CST on 7 September 2022. Questions shall be submitted to Contracting POC at the following email address: twila.a.hopkins2@usace.army.mil.

(2) A consolidated list of all questions received, and answers will be posted on https://www.sam.gov.

D. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve bidders from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

E. BID SUBMISSION INSTRUCTIONS - All submissions to this bid announcement shall be submitted electronically via email to twila.a.hopkins2@usace.army.mil or in person on paper copy at the bid opening. NO CD- ROMs or facsimile submissions will be accepted. Bids will be opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested. As soon as practicable after bid opening, an abstract of bids will be available through our web page at: https://www.sam.gov Contract Opportunities under attachment Abstract.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912P922B0031-BID-FIRM NAME

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. Do not assume that electronic submission will occur instantaneously. Large files (i.e. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 52.214-7.

Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

Bid Opening: The Bid Opening will take place at 10:00 AM CST on 19 September 2022.

There will be a Webex conference available for all to attend the bid opening virtually.

Bid opening WebEx information: https://usace1.webex.com/meet/marla.j.sawyer USA Toll-Free: 1-844-800-2712 Access Code: 1990 54 9461

F. BIDDER'S ADDRESS - Prospective bidders should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 15 A-C.

G. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. See Section 00100, clause 52.214-3, “Amendments to Invitations for Bids”.

H. NOTICE TO BIDDERS - Please ensure a NINETY DAY OFFER GUARANTEE on bid.

Bidders are advised to review.

I. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION –

(1) Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.

(2) Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

J. BIDDER’S QUALIFICATIONS - To establish its responsibility, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (Including recent financial statements or audits), plans available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder’s responsibility shall be made available.

(1). Business Integrity-The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

(2). 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 or the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, USACE will evaluate Contractor’s Performance and prepare a performance report using the construction contractor appraisal support system (CPAR), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPAR requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110-$125 per certification per year and is purchase from an external certification authorities (ECA) vendor, current information about the PKI certification process and for contacting vendors can be found on the website:

http://www.cpars.gov If the contractor wishes to participate in the performance evaluation process, access to CPAR and PKI certification is the sole responsibility of the contractor.

K. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000.00):

(1) BID BONDS: This is applicable only if proposal is over one hundred fifty thousand dollars ($150,000.00). Each bidder shall submit with his bid a Bid Bond (Standard Form 24, REV 8/2016) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000.00) whichever is lesser.

The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00700, clause 52.228-1, entitled “Bid Guarantee”.

(2) PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(3) PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government shall be furnished; namely a Payment Bond (Standard Form 25A, REV. 8/2016).

The penal amount of such bonds shall equal one hundred percent (100%) of the contract price.

See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

(4) INSURANCE: The accepted bidder shall provide adequate insurance, within fifteen (15) days after receipt of contract award. See Section 00800, entitled Special Contract Requirements.

L. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Section 00800) Within ten

(10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

M. NEGOTIATIONS AFTER SEALED BIDDING - The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation.

Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government; the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number.

The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

NOTES

NOTE 1: Bidders shall furnish unit prices for all items listed on the schedule of bid items, which require unit prices.

If the bidder fails to insert a unit price in the appropriate blank for required items but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE

UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE

DECLARED NONRESPONSIVE.

In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the bidder shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price. Any bid price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced bid is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work. Award will be made as a whole to one bidder.

NOTE 2: If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

NOTE 3: Bidders are cautioned to read Contract Clause entitled "FAR 52.204-7, System for Award Management (MAY 2014) located in Section 00100.

AC = Acre CF = Cubic Feet CY = Cubic Yard DH = Miles EA = Each FC = 1000 Cubic Feet FT = Foot HF = 100 Feet HH = 100 Cubic Feet HL = 100 Linear Feet HR = Hours HS = 100 Square Feet HY = 100 Yards LB = Pound LF = Linear Foot LH = Labor Hour JA = Job (lump sum)

LY = Linear Yard MO = Months SB = Square Mile SF = Square Foot SQ = Square SY = Square Yard TL = 1000 Linear Feet TN = Net Ton UN = Unit YD = Yard YL = 100 Linear Yards YM = Cubic Yards Per Mile All quantities are estimated except where unit is given as "JA" or "EA".

-- End of Document --

Section 00 70 00 - Conditions of the Contract

LOCAL CLAUSES

LOCAL CLAUSES:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEP 2021)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATION & CERTIFICATIONS (MAY 2021)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5M.

(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 the 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:

[X ] (i) Paragraph (e) applies.

[ ] (ii) Paragraph (e) 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) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 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.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 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.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 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.

(x) 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.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 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.

(xiii) 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.

(xiv) 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.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—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 $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services– Certification.

_x_ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(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) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services— Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 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.

(vi) 252.229-7012, Tax Exemptions (Italy)—Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)—Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(viii) 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.] ___ (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 website 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 Provision # 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)

(S-102) CONTRACTOR SUPPLY and USE OF ELECTRONIC SOFTWARE FOR PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April2011)

The contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis- Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

SUSTAINABILITY

SUSTAINABILITY GUIDANCE:

Bio-Preferred Program:

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 Bio Preferred’s minimum biobased content level. Visit the Bio Preferred web site (https://www.biopreferred/faces/pages/ProductCategories.xhtml) for the complete list of designated products and the associated mininimum biobased content level requirements.

EPA-Designated:

Under the Comprehensive Procuremnt 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/conserv/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offererors must be able to demonstrate that eah offered product meets minimum content levels upon request.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 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

52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-5 Material Requirements AUG 2000 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 52.214-13 Alt I Telegraphic Bids (Apr 1984) - Alternate I NOV 1988 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding

JUN 2020

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.215-19 Notification of Ownership Changes OCT 1997 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.216-9 Fixed Fee--Construction JUN 2011 52.219-2 Equal Low Bids OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan NOV 2021 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

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