B.08.01 Solicitation - RFQ - W912DQ24Q1064 -released.pdf

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Tuttle Creek Project Roof Replacement
Solicitation number
W912DQ24Q1064
Issued by

About this file

This document is a solicitation for a roof replacement project at the Tuttle Creek Administration Building in Manhattan, Kansas. The U.S. Army Corps of Engineers (USACE) Tuttle Creek Lake Project requires the removal of the existing 20-year-old EPDM roof system and replacement with a new EPDM sloped roofing system, as well as new gutters and downspouts.

The project is a small business set-aside with an estimated magnitude between $100,000 and $250,000. The period of performance is 180 days from the notice to proceed. The solicitation includes a site visit on August 26, 2024. Quotes are due on September 5, 2024. The solicitation outlines various submission requirements including a construction process plan, quality control plan, project schedule, and warranty management plan. It also includes details on inspection and acceptance terms, wage determinations, safety requirements, and environmental protection.

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The Tuttle Creek Lake project off ice, in Manhattan, KS needs a roof replacement. The existing roof is a 20 plus year old EPDM roof. The Contractor must perform the removal of the roof system, along w ith the original chimney. Roof must be replaced w ith a complete EPDM (ethylene propylene diene terpolymer) sloped roofing system. In addition, new guttering and dow nspouts w ill replace the existing. The Contractor shall provide all required equipment, labor, supervision, and material.

This acquisition is a small business set-aside.

The magnitude of this project is represented by the follow ing estimated price range: Betw een $100,000 and $250,000.

ANGELLA CURRAN (816) 389-3816

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

14-Aug-2024

(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 ________180 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 ______________05 Sep 2024 (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 _______90 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

USACE, KANSAS CITY +

CONTRACTING DIVISION FEDERAL BLDG CT 601 E 12

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-3029FAX:TEL: 816-389-3812 TEL: FAX:

W912DQ24Q1064 60

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Tuttle Creek Roof Replacement

FFP

The Government's payment for the items listed in this CLIN shall constitute full compensation to the Contractor for furnishing all labor, equipment, and materials;

and performing all operations to complete the Tuttle Creek roof replacement in conformity with the Plans and Specifications FOB: Destination

PSC CD: Y1QA

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job OPTION Option Metal Sheathing Replacement

FFP

The Government's payment for the items listed in this CLIN shall constitute full compensation to the Contractor for furnishing all labor, equipment, and materials;

and performing all operations to complete the Tuttle Creek roof replacement in conformity with the Plans and Specifications

PSC CD: Y1QA

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP 1 TUTTLE CREEK PROJECT OFC

CALEB SNIDER

5020 TUTTLE CREEK BLVD

MANHATTAN KS 66502

(785) 539-8511 X 3796

966216

0002 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

966216

Section 00 20 00 - Instructions for Procurement

SUBMISSION REQUIREMENTS

All quotes are due no later than the date/time set forth in BLOCK 13 on the front page.

Quotes shall be submitted via e-mail to the sole attention of angella.curran@usace.army.mil and Christopher.w.anderson@usace.army.mil on the attached solicitation in pdf (Adobe Acrobat) format. All text must be legible and easily read. If you have any issues with submitting your quotation electronically, coordinate with Angella Curran immediately at (816) 389-3816 or by email at angella.curran@usace.army.mil.

This RFQ will result in one firm-fixed-price contract.

An offeror’s quotation must include the following elements to be considered for award:

Proposed prices for each Contract Line Item Number (CLIN). Insert proposed prices in Section 00 10 00.

Ensure all solicitation amendments, if any, are acknowledged.

Provisions/clauses are filled out, if they have have not been acknowledged in SAM registration.

Attachment 1 -- Vendor Information Sheet filled out.

Attachment 2 -- Related Experience Form filled out (maximum of 3).

Attachment 3 -- Past Performance Document(s) -- the Government will evaluate the responses from customers from which Past Performance Questionnaires have been received (maximum of 3).

List of subcontractors.

Ensure quotation is reviewed and signed by a principal of your company with authority to do so.

INQUIRIES / QUESTIONS

Prospective offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via email to Contract Specialist Angella Curran at angella.curran@usace.army.mil. Questions will be compiled and posted to the SAM.gov website once answers are received by the project team. An email of the posting to SAM.gov will also be sent to prospective offerors that submitted questions.

The last day to submit new inquiries will be 29 August, at 12 PM local Kansas City time in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety and review all amendments for answers to questions prior to submission of a new inquiry.

CLAUSES INCORPORATED BY FULL TEXT

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002) The magnitude of this project is represented by the following estimated price range (contracting officer mark as appropriate):

_____Less than $25,000 _____Between $25,000 and $100,000 __X__Between $100,000 and $250,000 _____Between $250,000 and $500,000 _____Between $500,000 and $1,000,000 _____Between $1,000,000 and $5,000,000 _____Between $5,000,000 and $10,000,000 _____Between $10,000,000 and $25,000,000 _____Between $25,000,000 and $100,000,000 _____Between $100,000,000 and $250,000,000 _____Between $250,000,000 and $500,000,000

_____Over $500,000,000 (End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Angella Curran

PHONE: 816-

389-

E-

MAIL:

angella.curran@usace.army.mil

PROJECT

MANAGER

Wyatt Cooper

PHONE: (785)

539- 8511 X

E-

MAIL:

wyatt.m.cooper@usace.army.mil

CONTRACTING

OFFICER

Christopher Anderson

PHONE: 9816)

389-

E-

MAIL:

christopher.w.anderson@usace.army.mil

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

The need for customary progress payments conforming to the regulations in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in the contract, the clause shall be inoperative during any time the contractor's accounting system and controls are determined by the Government to be inadequate for segregation and accumulation of contract costs.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- 26 August 2024 @ 11:00 am

(c) Participants will meet at-- 5020 Tuttle Creek Blvd

Manhattan, KS 66502

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement https://www.acq.osd.mil/DPAP/dars/dfarspgi/current/index.html

Section 00 22 13 - Supplementary Instructions to Bidders

EVALUATION OF QUOTES:

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. Price

2. Relative Experience, as defined as the number of contracts the contractor has performed that are equal or greater in tasks that are similar to the task identified in the performance work statement.

3. Past Performance, as defined as the number of contracts the contractor has and the documentation that identifies how well their performance was in those contracts that are similar to the task identified in the performance work statement.

When combined, non-price factors are more important than price.

Section 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications FEB 2024 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.223-4 Recovered Material Certification MAY 2008 52.229-12 Tax on Certain Foreign Procurements FEB 2021 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government

Section 00 72 00 - General Conditions

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 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 Covered Entities

DEC 2023

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-14 Limitations On Subcontracting OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 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 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

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

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-21 Foams JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-

O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-6 Change Order Accounting APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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 DEC 2022 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 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

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days after receiving notice to proceed* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

6.5% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Manhattan, Riley County, Kansas.

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after--

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be--

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within the general scope of the contract.

(b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent physical conditions differing materially from those indicated in this contract or unknown unusual physical conditions at the site before proceeding with the work.

(c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost of, or time required for performing the work, the Contracting Officer shall make an equitable adjustment (see paragraph (d)) upon submittal of a "proposal for adjustment" (hereafter referred to as proposal) by the Contractor before final payment under the contract.

(d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) unless--

(1) The Contractor has submitted and the Contracting Officer has received the required written notice; or

(2) The Contracting Officer waives the requirement for the written notice.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulations System:

https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement:

https://www.acq.osd.mil/DPAP/dars/dfarspgi/current/index.html

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Sheet No.

General Location Map G 002 Architecture

ExistingAdministration building roof A 500 Existing Administration building roof details A 501 Roofing Component Typicals A 502

For Reference Floor Plan and Schedule O.&M.M. Plate No 231-A Elevations O.&M.M. Plate No 232-A Building Sections O.&M.M. Plate No 233-A Exterior Wall Details O.&M.M. Plate No 234-A Roof Plan and Door Details O.&M.M. Plate No 237-A New Addition Floor Plan A-9-7-3928 New Addition Demolition, Roof and Reflected Ceiling Plans A-9-7-3929 New Addition Wall sections A-9-7-3931 New Addition Room Finish & Door Schedules A-9-7-3932 New Addition Floor Plan A-9-7-3935 New Addition Roof Plan A-9-7-3936 New Addition Plot Plan, Roof Plan & Details A-9-7-3941 A-9-7-3942

Section 00 73 00 - Supplementary Conditions

WAGE DETERMINATION

For wage rates, please see the following link:

Davis-Bacon Act WD # KS20240001 07/12/2024 https://sam.gov/wage-determination/KS20240001/1

Section 01 00 00 - General Requirements

SPECIFICATIONS

Administration Building Roof Replacement Project – Tuttle Creek Lake

DESCRIPTION OF WORK AND GENERAL REQUIREMENTS

1. GENERAL:

1.1 Project Description and Location

Description of work: The Tuttle Creek Lake project office needs a roof replacement. The existing roof is a 20 plus year old EPDM roof. The Contractor must perform the removal of the roof system, along with the original chimney. Roof must be replaced with a complete EPDM (ethylene propylene diene terpolymer) sloped roofing system. In addition, new guttering and downspouts will replace the existing. The Contractor shall provide all required equipment, labor, supervision, and material. Project is broken into a Base CLIN and a single Optional CLIN. Optional CLIN may or may not be exercised as part of the Contract.

1.2 Project Location: The work is located at the United States Army Corps of Engineers (USACE) Project Office at Tuttle Creek Lake.

1.3 Location: Tuttle Creek Lake Project

U.S. Army Corps of Engineers 5020 Tuttle Creek Blvd.

Manhattan, Kansas 66502

1.4 Points of Contact: Wyatt Cooper

Wyatt.m.cooper@usace.army.mil 816-389-3170

Brian McNulty Brian.a.mcnulty@usace.army.mil 816-389-3166

1.5 Work Hours

The standard workday is 7:00 am to 4:00pm Monday thru Friday, excluding Federal holidays. Work hours may be adjusted with approval of Contracting Officer’s Representative (COR).

1.6 Plans and Documentation

1.6.1 Contractor Daily Written and Photographic Documentation

Contractor shall submit daily logs of work conducted to the COR. Contractor may use own form for documentation or forms can be provided at the contractor’s request. Photos of all phases of the project are required and shall be submitted to COR in jpeg formatting upon job completion. Each photo shall have a time date stamp. It is recommended that daily logs are submitted daily.

The following information must be included:

Date Equipment Used Total hours worked that Day Contractor Name Precipitation Controversial Matters

Weather description Methods Used Miscellaneous Remarks Air temperature Work completed that Day Size of crew Problems Encountered

1.6.2 Insurance Requirements

The Contractor shall maintain the required insurance coverage throughout the duration of project.

1.6.3 Payment and Invoices

Shall be submitted upon completion of the work. Each line item on an invoice shall give a description including the Contract Line Item Number (CLIN). Upon receipt, the COR will certify that the requested amounts are appropriate before payment will be made. Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Scope of Work. All invoices shall reflect the contract number, (Block 2 of the SF-1442).

1.6.4 Contractor Exposure Hours

The Contractor shall track the number of man hours to perform the contract requirements. The total number of man hours per day shall be submitted to the Government monthly or with the invoice.

Submission of this report is required prior to processing a pay request.

1.6.5 Red Lined Drawings

1.6.5.1 Shall include the identification of the work completed by the Contractor and shall be on one set of Contract Drawings provided to the Contractor at the onset of the project.

1.6.5.2 Drawings shall be kept on the project site, include all necessary information as outlined in the Scope of Work, be updated as the work progresses and shall be clearly legible. All markings shall be either red or green. Red lines shall denote deletions and green lines shall denote additions. Any variations from the awarded drawings shall be noted on the red line drawings.

1.6.5.3 Upon completion of the project prior to final payment being made all redline drawings shall be converted to reflect variations from the contract document and shall be submitted in .pdf form. USACE will supply a .pdf template for final pdf submittals. If new drawings are required, the Contractor shall submit the CADD file in AutoCAD format as well as pdf.

1.6.5.4 The final drawing package shall be the same format as the awarded drawings. Within the final drawing package table of contents shall be updated to reflect additions of sheet numbers. Any new sheets shall be sequential to current sheets, if sheet number changes are required coordinate with the COR. Drawing submittal shall be labeled as as-built and have the Prime Contractor’s company logo placed on the individual sheets. Label shall not cover up any information contained on the sheets.

1.7 Site Visit/Project Photos

Contractors are encouraged to attend the scheduled site visit on the solicitation prior to submitting a bid on this contract.

1.8 Occupancy of Premise

Before work is started, it is the contractor’s responsibility to arrange with COR a sequence of procedure, means of access, space for storage of materials and equipment, and use of approaches, corridors, stairways and/or driveways.

1.9 Submittal Definitions

The Contractor is responsible for the requirements of this contract and is encouraged to review the document in detail and to provide inquiries to the Government as necessary prior to preparing a quot.

1.9.1 Construction Process Plan

Construction Process Plan shall include all the following:

1.9.1.1 A description which clearly indicates the areas of work and processes that are to be completed to accomplish each activity. The Construction Process Plan shall be formatted in a work breakdown structure (WBS) format. Examples might include processes for demolition, excavation, backfill, building erection and concrete placement, etc.

1.9.1.2 The construction process plan shall be submitted and approved by the COR prior to physical work being started.

1.9.2 Quality Control Plan (QCP)

The Contractor shall develop and maintain an effective quality control plan to ensure services are performed in accordance with specifications. Contractor shall develop and implement procedures to identify, prevent, and ensure nonrecurrence of defective services. The Contractor’s quality control plan is the means by which the contractor assures work complies with the requirements of the contract. The QCP shall be submitted within 30 calendar days after the contract has been awarded. Work shall not occur until the QCP has been accepted by the COR. After acceptance of the quality control plan the Contractor shall receive the COR’s acceptance in writing of any proposed change to his QCP.

Workmanship shall be of the highest grade in accordance with the best modern practices to conform to the specifications for the work being performed. The Contractor shall be responsible for quality control to ensure all components and workmanship meet requirements of this contract. Representatives of USACE reserves the right to inspect and witness the work, verify quality of workmanship and products used at any time, whether the work is performed in the field or at the Contractor’s shop.

Submit a detailed Contractor Quality Control (CQC) Plan that fully represents and conforms to the requirements of these specifications. At a minimum the CQC is to include the following:

1.9.2.1 Defined responsibilities of personnel that ensure the quality requirements for this contract are met. All responsibilities such as Superintendent, Site Safety and Health Officer (SSHO), and Quality Control Manager (QCM) shall be assigned to specific personnel and an alternate, if the primary is not on-site. All duties shall be performed by the prime Contractor. Individual(s) who will be onsite during construction operations and who will have the authority to act for the Contractor to include the authority to stop work which is not in compliance with the contract.

1.9.2.2 Role definitions

It is the decision of the Contractor on whether the following roles are the duties of a single individual or are assigned to multiple individuals. The Superintendent/ QCM/ SSHO shall meet the minimum requirements as stated in the EM385-1-1. Duties shall include, but are not limited to, maintaining project status and communication with Government personnel, weekly progress reports including a weekly look ahead report. Coordination with the COR is critical for outages and equipment delivery. All personnel on site are required to have a photo ID on their persons.

The Government reserves the right to remove or reject personnel who do not meet qualifications or security requirements.

a. Superintendent is to direct the day-to-day operations on the construction site and control the short-term schedule as well as subcontractor coordination responsibilities.

b. Site Safety and Health Officer (SSHO) oversees inspecting site conditions to determine if hazards are present and has the authority to establish procedures and policies to overcome those hazardous situations.

c. Quality Control Manager (QCM) is responsible for managing and performing the daily QC responsibilities of the project to ensure the project is constructed in accordance with the established minimum standards. If minimal standards are not being met the QCM has the authority to implement changes to achieve those standards.

1.9.2.3 Submit a clearly defined proposed procedures for quality control, product sampling and testing as part of the plan.

1.9.2.4 Proposed methods for product performance controls, including method and frequency of product sampling and testing both in raw material form and cured product form. All costs associated with the testing laboratory work for quality assurance and quality control, as well as rework required to meet project requirements, shall be paid for by the contractor. No separate payment will be made for this work. It will be considered incidental to the work in which the material is utilized.

1.9.2.5 A scheduled performance and product test result review with the COR at a regularly scheduled progress meeting.

1.9.2.6 Inspection Forms and guidelines for quality control inspections in accordance with the standards specified in this Contract and submitted with the QCP.

1.9.2.7 Outline specific repair or replacement procedures for potential defects that occur within the installed system, following repair or replacement procedures that are compatible with the system being used. Submit Repair or Replacement Procedures must adhere to the product manufacturer's written specifications for repair or replacement.

1.9.2.8 Key personnel phone numbers including e-mails and all other staff shall be included within the QCP.

1.9.3 Contractor Experience and Qualifications

A statement letter of the Contractor’s experience on company letterhead.

The lead personnel including the project manager and the foreman shall each have a minimum of three (3) years of experience with construction proposed and must have demonstrated competency and experience to perform within the specifications contained in this contract. The name and experience of each lead individual performing work on this contract shall be submitted with the Contractor Qualifications.

1.9.4 Project Schedule

Prior to any work being completed the Contractor shall submit a project schedule for approval. The project schedule shall contain a chronological order of activities that progresses to project completion. Each activity shall have a duration with a proposed start and end date as well as a cost associated with each individual activity.

1.9.4.1 Schedule Shall Contain the Following

Submission of Preconstruction Submittals (Insurance, AHA, APP, QC Plan) Submission of any Preconstruction Technical submittals of products furnished by the Contractor Mobilization/Demobilization Work Break Down Structure (WBS) for all work to be completed Walk through and inspection prior to final acceptance Final acceptance of work Final As-Built Drawings reflecting installed conditions and work performed.

1.9.5 Warranty Management Plan

Develop a warranty management plan which contains information relevant to FAR 52.246-21 Warranty of Construction. At least 14 days before the planned pre-final walkthrough inspection, submit one set of the warranty management plan. Include within the warranty management plan all required actions and documents to assure that the Government receives all warranties to which it is entitled. The plan narrative must contain sufficient detail to render it suitable for use by future maintenance and repair personnel, whether tradesmen, or of engineering background, not necessarily familiar with this contract.

Assemble information electronically using .pdf format and contained in one single submittal package. Once assembled, turn over to the Government upon acceptance of the work. The construction warranty period must begin on the date of project acceptance and continue for the full product warranty period. Conduct a joint 1-year warranty inspection, measured from time of acceptance, with the Contractor and the COR. The warranty management plan must include, but is not limited to, the following:

a. Roles and responsibilities of personnel associated with the warranty process, including points of contact and telephone numbers within the organizations of the Contractors, subcontractors, manufacturers or suppliers involved.

b. For each warranty, the name, address, telephone number, and e-mail of each of the guarantor's representatives nearest to the project location.

c. A list and status of delivery of Certificates of Warranty for extended warranty items such as roofs. The term "status" must include due date and whether item has been submitted or was accomplished.

d. As-Built Record of Equipment and Materials list for each warranted equipment, item, feature of construction or system indicating:

(1) Name of item.

(2) Model and serial numbers.

(3) Location where installed.

(4) Name and phone numbers of manufacturers or suppliers.

(5) Names, addresses and telephone numbers of sources of repair materials.

(6) Warranties and terms of warranty. Include one-year overall warranty of construction, including the starting date of warranty of construction. Items which have warranties longer than one year must be indicated with separate warranty expiration dates.

(7) Cross-reference to warranty certificates as applicable.

(8) Starting point and duration of warranty period.

(9) Summary of maintenance procedures required to continue the warranty in force.

(10) Cross-reference to specific pertinent Operation and Maintenance manuals.

(11) Organization, names and phone numbers of persons to call for warranty service.

1.9.5.1 In the event the Contractor fails to commence and diligently pursue any construction warranty work required, the Contracting Officer will have the work performed by others, and after completion of the work, will charge the remaining construction warranty funds of expenses incurred by the Government while performing the work, including, but not limited to administrative expenses.

1.9.5.2 Following oral or written notification of required warranty repair work, respond in a timely manner.

Written verification will follow oral instructions. Failure to respond will be cause for the Contracting Officer to proceed against the Contractor.

1.9.5.3 At a minimum, furnish the roof membrane manufacturer's 20 year no dollar limit roof system materials and installation workmanship warranty, including flashing, insulation, and accessories necessary for a watertight roof system construction.

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