B.08.02 R471-460 N. SPECS AS ADVERTISED.pdf

US Army Corps of Engineers Kansas City District Building Strong W912DQ19B1016

Missouri River Levee System

R471-460 North of Highway 36 Levee Raise

Elwood, Kansas and Buchanan County, Missouri

As Advertised

Invitation for Bid Specifications and Solicitation

July 2022

This page was intentionally left blank for duplex printing.

W912DQ19B1016

TC-1

DEPARTMENT OF THE ARMY

Kansas City District, Corps of Engineers

647 Federal Building Kansas City, Missouri 64106

SPECIFICATIONS FOR CONSTRUCTION OF

R471-460 NORTH OF

HIGHWAY 36 LEVEE RAISE

ST. JOSEPH AND BUCHANAN COUNTY, MISSOURI

TABLE OF CONTENTS

COVER

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION TITLE

00 01 05 CERTIFICATION PAGE

00 21 00 INSTRUCTIONS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

01 00 00 GENERAL REQUIREMENTS

DIVISION 1 – GENERAL REQUIREMENTS

SECTION TITLE

01 11 00 SUMMARY OF WORK

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 10.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISIONS 2 – 48 – TECHNICAL REQUIREMENTS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE

03 42 13.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE CONSTRUCTION

W912DQ19B1016

TABLE OF CONTENTS

(Continued)

TC-2

DIVISION 05 - METALS

05 50 14 STRUCTURAL METAL FABRICATIONS

DIVISION 31 - EARTHWORK

31 05 19 GEOTEXTILE

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11.13 13 LIME TREATED FILLS

32 12 13 BITUMINOUS TACK AND PRIME COATS

32 12 16.16 ROAD-MIX ASPHALT

32 15 00 AGGREGATE SURFACING

32 31 13 CHAIN LINK FENCES AND GATES

32 31 26 WIRE FENCES AND GATES

32 92 19 SEEDING

DIVISION 33 – UTILITIES

33 40 00 STORM DRAINAGE UTILITIES

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE, CHANNEL, SHORELINE/COASTAL PROTECTION FOR STRUCTURES

35 41 00.01 23 LEVEE AND BERM CONSTRUCTION

APPENDIX A

1. R471-460 RECORD DRAWINGS

2. R471-460 GATEWELL 325+01 REPLACEMENT

- END OF TABLE OF CONTENTS -

Levee Unit R471-460 North of US-36

The w ork associated w ith this project includes a levee raise, the construction of seepage berms, the addition of stability berms, modif ications and repair of Gatew ell structures, abandonment of conduits, the extension of conduits, the addition of manhole structures and pipes, modifications of ditches, and other levee modif ications and incidental w ork required to complete the project.

Project Location:

All w ork is located along the R471-460 Levee Unit, located on the right bank of the Missouri River in Doniphan County, Kansas and Buchanan County, MO.

X

WILLIE E HODGES 816-389-3469

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

12-Jul-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 ________550 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________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 ______________30 Aug 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 _______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 +

FEDERAL BLDG, CT-C

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-2029/2030FAX:TEL: 816-389-3812 TEL: FAX:

W912DQ22B1016 72

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

W912DQ22B1016

Section 00 01 05 - Certification Page

CAUTION PAGE

CAUTION !

BEFORE SIGNING AND EMAILING YOUR BID, please take note of the following, as failure to perform anyone of these actions may cause your bid to be rejected.

a. AMENDMENTS: Have you acknowledged receipt of ALL Amendments? If in doubt as to number of amendments issued, please contact our office.

b. EMAILED BIDS: Sealed envelopes containing bids shall be marked to show the bidder’s name and address, the solicitation number and title of project.

c. AMENDED BID PAGES: If any of the Amendments furnished amended bid pages, the amended bid page(s) must be used in submitting your bid.

d. LATE BIDS: Late bids will not be accepted. The date and time the bid is received by the Government will be used and not the time submitted.

e. BID GUARANTEE: Sufficient bid guarantee in proper form must be furnished with your bid, if your bid exceeds $150,000.

f. MISTAKE IN BID: Have you reviewed your bid prices for possible errors in calculations or work left out?

g. FACSIMILE BIDS AND MODIFICATIONS: Will not be considered. Facsimile withdrawals will be considered.

h. HAND-DELIVERED BID: At this time, only emailed bids will be accepted.

i. BUY AMERICAN ACT: All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American Act.

It is the Contractor's responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications without the use of foreign construction materials.

j. SUBMISSION OF BIDS AND BID OPENING: Due to the COVID-19 Global Pandemic, the Government is taking precautions to ensure the safety and health of all Contractors and Government employees.

Electronic bids are REQUIRED. Mailed and hand-delivered bids are NOT ALLOWED. The Contractor is required to ensure that the bid package is legible and completed. Bid bonds shall be copied to where the seals are legible in the copy.

Submit your bid electronically, to the Contract Specialist Willie Hodges at willie.e.hodges@usace.army.mil. Keep in mind that due to email safeguards and the size of your bid package, emails may not be received immediately by the Government. Bids shall be received by the date and time specified for the bid opening. Refer to FAR 52.214-7 for how late bid packages are handled.

Maximum email size is 10MB.

All conference room will be closed off to the public for viewing. In lieu of this, there will be a conference phone line available for all who are interested in attending the bid opening. The following information will be needed if you would like to call in for the bid opening:

Conference Line Number: 1-844 800- 2712 or

1-669-234-1177

Access Code:199 138 9013 # Security code: 1234 # LINK: https://usace1.webex.com/meet/david.m.best

S YSTEM FOR AWARD MANAGEMENT

SAM:

In accordance with FAR 52.204-7: By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to bid opening, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov/SAM/pages/public/index.jsf. It is highly encouraged that all prospective Offeror’s start the SAM’s registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT PRIOR TO

THE BID OPENING OR THE CONTRACT OFFICER MAY PROCEED WITH AWARD TO THE

NEXT SUCCESSFUL CONTRACTOR.

SAM.GOV REGISTRATION IS FREE OF CHARGE.

If you were not previously registered, please go to https://.Sam.gov . Instructions for new registration are also located at the following site: https://www.sam.gov/SAM/pages/public/help/samQUserGuides.jsf

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. See link provided below.

SPRS NIST SP 800-171 Notice: Per DFAR 252.204-7012 the selected awardee offeror will need to be registered in NIST SP 800-171 prior to award of any contract/task order or any modification that is to exercise an option period or extend the period of performance of a contract/task order. To learn more information about the NIST SP 800-171 and learn how to register please go to https://www.sprs.csd.disa.mil/nistsp.htm.

IF THE OFFEROR IS FOUND NOT REGISTERED IN THE DATABASE AFTER THE GOVERNMENT

HAS SUBMITTED A REQUEST TO THE OFFER TO REGISTER, THE CONTRACTING OFFICER

MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL CONTRACTOR THAT IS

REGISTERED IN THE DATABASE.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to https://www.aptac-us.org/sam-registration/ https://www.dla.mil/SmallBusiness/PTAP/PTAC/ https://www.sprs.csd.disa.mil/reference.htm

THIS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE US GOVERNMENT.

(END)

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construction of Levee Unit R471-460

FFP

Includes all labor, materials, and equipment to perform all tasks required to complete the Levee Unit R471-460 North of US-36 in the project area as outlined in specification section 01 22 00.00 10 and in accordance with contract documents.

FOB: Destination

PSC CD: Y1KA

NET AMT

SUPPLEMENTAL BID SCHEDULE

SUPPLEMENTAL BID SCHEDULE

The contractor shall complete the following Supplemental Bid Schedule in addition to the Bid Schedule. This Supplemental Bid Schedule is not contractually binding. The Government will use this Supplemental Bid Schedule to assist in the evaluation of prices. The individual supplemental bid items should add up to the prices for the bid schedule. In the event that the CLIN subtotal in the supplemental bid schedule does not match the CLIN total in the bid schedule, the bid schedule shall control and will be the price evaluated by the Government.

CLIN 001

Construction of Levee Unit R471-460 North of US Hwy 36 Est. Qty. Unit Unit Price Subtotal Clearing & Grubbing AC - $

Borrow Sites & Site Prep Work 1 JOB - $

Surveying 1 JOB - $

Stripping (Levee & Berms) CY - $

Underseepage Berms CY - $

Levee Raise (Random) CY - $

Levee Raise (Impervious) CY - $

Levee Raise (Pervious) CY - $

Aggregate Surfacing Removal/Replacement CY - $

Replace Stripped Material CY - $

Seeding & Mulching (landward) AC - $

Seeding & Mulching (riverward)

Freeboard Gages 4 EA - $

Pipe extension: Sta 115+70 - New 24" dia & 60" dia 1 JOB - $

Pipe extension: Sta 186+17 - New 60" dia 1 JOB - $

Pipe extension: Sta 398+08 - New 48" dia 1 JOB - $

Sta 110+00: Abandon 24" dia pipe 1 JOB - $

Sta 328+00: Remove Existing Pipes 1 JOB

Remove Farmer Field Drain (Existing) Pipes 1 JOB - $

SUBTOTAL $

CONTRACT

TOTAL $

Note: Any work not specifically noted shall be priced with the most closely related CLIN.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 550 dys. ANP 1 USACE, KANSAS CITY +

POC

PM-CJ FED BLDG

601 E. 12TH ST

KANSAS CITY MO KANSAS CITY

816-389-3468 FOB: Destination

966419

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

_____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

__X___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:

Willie Hodges PHONE: (816) 389-3469 E-MAIL: Willie.e.hodges@usace.army.mil

PROJECT

MANAGER:

Craig Weltig PHONE: (816) 389-3091 E-MAIL: Craig.w.weltig@usace.army.mil

SUBMISSION REQUIREMENTS

All bids are due by the time specified in box 13 A.

The public bid opening will begin at the time specified in Box 13 A, through the following conference line:

Conference Line Number: 1-844 800-2712 or

1-669-234-1177

Access Code:199 138 9013 # Security code: 1234 # Link: https://usace1.webex.com/meet/david.m.best

Submit one (1) original of the following:

k. Bid schedule - complete by fully entering all amounts in the bid schedule.

l. Ensure Bid is signed by a Principal of your company with authority to do so. Provide your point of contact name, telephone number, email address, business tax ID number (EIN), DUNS, and Cage Code number.

m. Ensure all Amendments are acknowledged.

d. Bid Bonds – Ensure raised seals are legible in the electronic copy.

e. When submitting your bid ensure the project name “Levee Unit R471-460 North of US-36 ” and Solicitation Number “ W912DQ-22-B-1016” must appear in the Subject Box of Your Email. Failure to follow directions may result in your bid being late.

f. Return a complete copy of FAR Clause 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Makesure the appropiate boxes are checked for questions one (1) and two (2).

g. Return a complete copy of FAR Clause 52.204-26 Covered Telecommunication equipment or Service Representation. In order for your bid to be responsive bidders need to update their SAM.gov registration and insure their record has the version dated (October 2020).

h. Return a complete copy of DFAR Clause 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

i. Ensure you check for other Clauses that are applicable to your company/firm.

j. If your firm is a large business you will be required to submit a Small Business Sub-Contracting Plan. A Sample Small Business Sub-Contracting Plan will be enclosed.

INQUIRIES/QUESTIONS

INQUIRIES/ QUESTIONS/ PLAN ROOM FOR DRAWINGS

Prospective Bidders shall submit contracting and technical inquiries and questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org

a. To download the contract documents, review and submit inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click continue.

b. From this page, you may view all bidder inquiries or add a new inquiry.

c. Bidders will receive an acknowledgment of their questions via email, followed by an answer to their questions after it has been processed by our technical team. ***Please Note: Bidders shall only submit one (1) question per inquiry. All inquiries containing multiple questions shall be rejected.

d. To download the project construction documents (plans and specifications), bidders will need to be a current registered user or self-register into the system per the above instructions. Enter your email address and the Plan Room Key for this solicitation listed below, and then click login. Download the construction documents provided.

e. The Solicitation Number is: W912DQ-22-B-1016

f. Plan Room Key Number is: ZD4V7E-7JIN9N

g. The Bidder Inquiry Key is: P246UN-7QQF31

h. Bidder inquiries will not be accepted after 2:00 PM U.S. Central Time, on 5 August 2022. All questions and responses will be posted to porjnet 1 week later. This will allow adequate time to give a reasonable response to your inquiry.

i. A reply will not be given to any inquiry received after the designated time and date. Bidders are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. Email to staff@projnet.info . Keep in mind that the system occasionally goes through maintenance.

(End of Submission Requirements)

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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 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 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.232-13 Notice Of Progress Payments APR 1984 52.232-16 Progress Payments APR 2012

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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

Buchanan County, MO 14.7%

Doniphan County KS.

10.0%

6.9% for both counties

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

The geographical areas where the contract is to be performed will be Buchanan County, MO in the city of St.

Joseph and Doniphan County, KS in the city of Elwood.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer 635 Federal Building 601 E. 12th Street Kansas City, Missouri 64106

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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—At 9:00 A.M, on 22 July 2022

(c) Participants will meet at-- 101 Vermont St. Elwood, KS. 66024

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):

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

Section 00 45 00 - Representations and Certifications

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

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

MAY 2021

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

JAN 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $35,600,000.00.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

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

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

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it […