B.08.02 W912DQ22Q1052 HST liner082422 released.pdf

The U.S, Army Corp of Engineers, Harry S. Truman Dam and Reservoir, Warsaw Missouri, has a need for culvert repair.

This solicitation w ill result in the aw ard of one Firm-Fixed-Price (FFP) construction contract.

NAIC code is 237310

RICK MATHENA (816) 389-2041

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

24-Aug-2022

(RFP)

(IFB)

X

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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 ______________19 Sep 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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

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)

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

W912DQ22Q1052 48

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

01 12 00-3

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Vendor Information 27-JUL-2022 Attachment 2 Related Experience 27-JUL-2022 Attachment 3 Past Performance 27-JUL-2022

01 12 00-4

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Sluice Gate 3 Culvert Pipe Lining

FFP

The Contractor shall furnish all plant, labor, equipment, and materials, and perform all operations required to complete the work in conformity with the drawings and specifications. Includes embankment repair.

FOB: Destination

PSC CD: 4710

NET AMT

0002 1 Job West Bledsoe Ferry Entrance Pipe Lining

FFP

The Contractor shall furnish all plant, labor, equipment, and materials, and perform all operations required to complete the work in conformity with the drawings and specifications.Includes new flared end sections and grading at inlet/outlet.Includes new flared end sections and grading at inlet/outlet.

01 12 00-5

0003 1 Job Sluice Gate 1 Culvert Pipe Lining

FFP

The Contractor shall furnish all plant, labor, equipment, and materials, and perform all operations required to complete the work in conformity with the drawings and specifications

0004 1 Job OPTION Cable Gate Access Culvert Pipe Lining

FFP

The Contractor shall furnish all plant, labor, equipment, and materials, and perform all operations required to complete the work in conformity with the drawings and specifications. Includes new flared end sections and grading at inlet/outlet. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from the issuance of the Notice to Proceed.

01 12 00-6

0005 1 Job OPTION Sluice Gate 2 Culvert Pipe Lining

FFP

The Contractor shall furnish all plant, labor, equipment, and materials, and perform all operations required to complete the work in conformity with the drawings and specifications. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from the issuance of the award

0006 1 Cubic

Yard

OPTION Fill (if required)for embankment repair

FFP

The Contractor shall furnish all plant, labor, equipment, and materials and perform all operations required to complete the work in conformity wtith the drawings and specifications. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days from the issuance of the award

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

01 12 00-7

0001 120 dys. ANP 1 USACE, KANSAS CITY +

RACHEL DONATTI

HARRY S TRUMAN PROJECT OFFICE

15968 TRUMAN R

WARSAW MO 65355

816-389-3606

966475

0002 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 120 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 N/A N/A N/A N/A

01 12 00-8

Section 00 20 00 - Instructions for Procurement

INSTRUCTION TO BIDDERS

Offers are due no later than then the date specified in BOX 13 A. Offers shall be submitted via e-mail to sole attention of richard.a.mathena@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 questions or issues in submitting your quote electronically, coordinate with Mr. Leyba immediately at (816) 389-2281.

All offers must be good for at least 90 days from offer due date.

Please read the following submission requirements carefully.

The offeror’s quote shall include the following elements to be considered for award:

Section 00 10 00 – To include the price for all Contract Line Item Numbers (CLINs).

Section 00 45 00 – MUST BE REGISTERED in System for Award Management (SAM).

Section 00 50 00 –See Attachment 1 – Vendor Information Sheet – Filled Out.

Section 00 50 00 – See Attachment 2 – Related Experience Form – Filled Out/Maximum of 3.

Section 00 50 00 – See Attachment 3 – Past Performance Document - The Government will evaluate the responses from the customers from which Past Performance Questionnaires have been received. Filled Out/Maximum of 3.

For relative experience and past performance submittals must be on the format provided to be in compliance with this solicitation. All other documentation will not be considered in compliance.

(End)

BONDING REQUIREMENTS

The following clauses will be applicable to this contract:

• 52.228-1 -- Bid Guarantee – when the estimated or actual value of the quote exceeds $150,000.00.

• 52.228-2 -- Additional Bond Security – when a bid guarantee, or performance bonds, or performance and payment bonds are required.

• 52.228-11 -- Pledges of Assets – when a bid guarantee, or performance bonds, or performance and payment bonds are required.

• 52.228-13 -- Alternative Payment Protections – when the estimated or actual value of the quote exceeds $35,000 but does not exceed $150,000.

• 52.228-15 -- Performance and Payment Bonds -- Construction – when the estimated or actual value of the quote exceeds $150,000.00.

01 12 00-9

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

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

CLAUSES INCORPORATED BY FULL TEXT

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)

52.222-23 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

10 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

01 12 00-10 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 Harry S. Truman Project, Warsaw Missouri Benton County.

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 $3,000,0000.00, 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

01 12 00-11

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Rachel Donatti

Address: Harry S. Truman Dam and Reservoir

Project Office Conference Room U.S. Army Corps of Engineers 15968 Truman Rd Warsaw, MO 65355

Date: 09/06/2022

Time: 10:00 Local Time.

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) http://farsite/hill.af.mil/VFFAR1.HTM

Defense Federal Acquisition Regulation Supplement http://farsite.hill.af.mil/VFDFAR1.HTM

01 12 00-12

Section 00 22 00 - Supplementary Instructions

EVALUATION FACTOR

Evaluation Criteria:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Price

(ii) Relative Experience

(iii) Past Performance

IAW FAR 13.106, "Solicitations are not required to state the relative importance assigned to each evaluation factor."

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End)

MAGNITUDE OF PROJECT—CONSTRUCTION

The magnitude of this project is represented by the following estimated price range

XX Between $100,000 and $500,000

01 12 00-13

Section 00 45 00 - Representations and Certifications

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.204-8 Annual Representations and Certifications MAY 2022 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

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

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

01 12 00-14

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 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

01 12 00-15

Section 00 72 00 - General Conditions

52.202-1 Definitions JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting SEP 2021 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program

SEP 2021

52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

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

Related Regulations

MAY 2014

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

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020

01 12 00-16

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

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

52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-13 Acquisition of EPEAT - Registered Imaging Equipment (Jun

2014)

JUN 2014

52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer

Products

OCT 2015

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

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

01 12 00-17

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

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

MAY 2016

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

JAN 2021

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

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.227-7033 Rights in Shop Drawings APR 1966 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

01 12 00-18

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 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 .120 days The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of 0.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days after award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

(a) Definitions. As used in this clause--

01 12 00-19

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to (Contracting Officer complete in accordance with agency procedures).

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (NOV 2021)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

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(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and

01 12 00-21 steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the

01 12 00-22 contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \*\ Item 1:

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2:

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

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 (FAR) http://farsite/hill.af.mil/VFFAR1.HTM

Defense Federal Acquisition Regulation Supplement http://farsite.hill.af.mil/VFDFAR1.HTM

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Section 00 73 00 - Supplementary Conditions

WAGE DETERMINATION

For wage rates please see the below link:

https://sam.gov/wage-determination/MO20220001/14

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Section 01 00 00 - General Requirements

SCOPE OF WORK

SECTION 01 12 00

DESCRIPTION OF WORK AND GENERAL

REQUIREMENTS

1. GENERAL:

1.1 Existing Conditions: The Harry S. Truman Lake Project Office require repair of corrugated pipe culverts that have met their life expectancy. Culverts are located at multiple locations near Harry S Truman Dam.

Three culverts have a sluice gate structure separating the inlet and outlet segments of the pipe. The last two are single segment drainage pipes.

1.2 Description of Work

This work shall consist of lining of pipeline by the installation of a PVC fold and form liner in accordance with this specification as approved by USACE. In addition, culvert flared ends, inlet and outlet flowline grading and earthwork to repair a sink hole adjacent to one of the pipes is needed. The contractor shall supply all labor and materials required for project completion.

1.3 Location: Harry S. Truman Project Office

U.S. Army Corps of Engineers 15968 Truman Road Warsaw, MO 65355

1.4 Points of Contact: Rachel Donatti

Rachel.R.Donatti@usace.army.mil 816-389-3606

Roger Weter Roger.J.Weter@usace.army.mil 816-389-3280

1.5 Work Hours

The standard workday is 7:00 am to 5:00 pm Monday thru Friday, excluding Federal holidays. Work hours may be adjusted with approval of COR Representative (COR) or Operations Project Manager. Any request for variation from these hours shall be coordinated with the COR at a minimum of 48 hours in advance.

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:

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Date Equipment Used Total hours worked that day Contractor Name Size of crew Controversial Matters Weather description Methods Used Miscellaneous Remarks Air temperature Precipitation Work completed that day Size of crew

1.6.2 Insurance Requirements

Problems encountered

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 with the invoice.

1.6.5 Red Lined As-Built 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 is 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.

1.7 Site Visit

Interested parties are strongly encouraged to visit the site prior to preparing and submitting their bid. 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, water crossings, roadways, or walking paths.

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 proposal.

1.9.1 Construction Process Plan

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Construction Plan shall include all the following:

1.9.1.1 A plan which clearly indicates the areas of work and description of the work to be completed. This shall be completed in a work breakdown structure format. Examples might include processes for demolition, excavation, backfill, building erection and concrete placement.

1.9.1.2 The construction process plan shall be submitted and approved prior to 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 this contract. Contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be submitted within 30 days after the contract has been awarded. After acceptance of the quality control plan the Contractor shall receive the COR’s acceptance in writing of any proposed change to his QC system.

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. 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 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.

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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…