B.08_W9126G20B0035.pdf

Design-Bid-Build Invitation for Bid

ROADS AND PARKING LOT, LACKLAND

AMBULATORY CARE CENTER PHASE 4

Lackland Air Force Base, Texas

W9126G20B0035 August 2020

US Army Corps of Engineers Fort Worth District

This page was intentionally left blank

Roads and Parking Lot, PN81422

Lackland Ambulatory Care Center Phase 4

SEALS PAGE

PROJECT MANAGER Steve R. Bennett, P.E.

CIVIL ENGINEER –

DESIGNER OF RECORD

Caleb Kjetland, P.E.

LANDSCAPE ARCHITECT –

John T. Dalton, PLA

ELECTRICAL ENGINEER –

Richard G. Bauer, P.E.

Roads & Par ki ng Lot , Lackl and Ambul at or y Car e Cent er Phase 4 LK20ACC

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 11 00. 01 SOLI CI TATI ON, OFFER AND AWARD, SF- 1442

00 11 00. 02 CONTRACT LI NE I TEM SCHEDULE

00 21 00 I NSTRUCTI ONS, CONDI TI ONS, AND NOTI CES TO OFFERORS

00 21 30 SI TE VI SI TS

00 45 00 REPRESENTATI ONS AND CERTI FI CATI ONS

00 72 00 CONTRACT CLAUSES

00 73 00 SPECI AL CONTRACT REQUI REMENTS

00 73 46 WAGE DETERMI NATI ON SCHEDULE

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 00 00. 00 44 CONSTRUCTI ON SCHEDULE

01 11 00 SUMMARY OF WORK

01 30 00 ADMI NI STRATI VE REQUI REMENTS

01 31 19. 00 44 PROJECT MEETI NGS

01 32 01. 00 10 PROJECT SCHEDULE

01 33 00 SUBMI TTAL PROCEDURES

01 33 29 SUSTAI NABI LI TY REPORTI NG

01 35 13. 10 00 SPECI AL PROCEDURES- SURVEYI NG

01 35 13. 20 00 SPECI AL PROJECT PROCEDURES- CAD

01 35 13. 30 00 SPECI AL PROJECT PROCEDURES- GI S

01 35 17. 00 44 SPECI AL PROJECT PROCEDURES FOR LACKLAND AI R FORCE BASE

01 35 26 GOVERNMENTAL SAFETY REQUI REMENTS

01 42 00 SOURCES FOR REFERENCE PUBLI CATI ONS

01 45 00. 00 10 QUALI TY CONTROL

01 45 00. 15 10 RESI DENT MANAGEMENT SYSTEM CONTRACTOR MODE ( RMS CM)

01 50 00 TEMPORARY CONSTRUCTI ON FACI LI TI ES AND CONTROLS

01 56 00. 00 44 DUST CONTROL

01 57 20 ENVI RONMENTAL PROTECTI ON FOR JBSA

01 58 00 PROJECT I DENTI FI CATI ON

01 71 23. 00 44 SURVEY, LAYOUT, AND OTHER DATA

01 74 19 CONSTRUCTI ON WASTE MANAGEMENT AND DI SPOSAL

01 78 00 CLOSEOUT SUBMI TTALS

01 78 23 OPERATI ON AND MAI NTENANCE DATA

DI VI SI ON 02 - EXI STI NG CONDI TI ONS

02 41 00 DEMOLITION

DI VI SI ON 03 - CONCRETE

03 30 00 CAST- I N- PLACE CONCRETE

DI VI SI ON 26 - ELECTRI CAL

26 56 00 EXTERI OR LI GHTI NG

DI VI SI ON 31 - EARTHWORK

31 11 00 CLEARI NG AND GRUBBI NG

31 23 00. 00 20 EXCAVATI ON AND FI LL

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 01 19 FI ELD MOLDED SEALANTS FOR SEALI NG JOI NTS I N RI GI D

PROJECT TABLE OF CONTENTS Page 1

Roads & Par ki ng Lot , Lackl and Ambul at or y Car e Cent er Phase 4 LK20ACC

PAVEMENTS

32 05 33 LANDSCAPE ESTABLI SHMENT

32 11 13. 13 LI ME TREATED SUBGRADE

32 11 23 AGGREGATE BASE COURSES

32 12 13 BI TUMI NOUS TACK AND PRI ME COATS

32 12 16 HOT- MI X ASPHALT ( HMA) FOR ROADS

32 13 13. 06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND SI TE

FACILITIES

32 16 19 CONCRETE CURBS, GUTTERS AND SI DEWALKS

32 17 23 PAVEMENT MARKI NGS

32 92 19 SEEDING

32 93 00 EXTERI OR PLANTS

DI VI SI ON 33 - UTI LI TI ES

33 40 00 STORM DRAI NAGE UTI LI TI ES

33 71 02 UNDERGROUND ELECTRI CAL DI STRI BUTI ON

- - End of Pr oj ect Tabl e of Cont ent s - -

PROJECT TABLE OF CONTENTS Page 2

THIS PAGE INTENTIONALLY LEFT BLANK

PROJECT TABLE OF CONTENTS Page 2

NOTE: Bid Bond is required IAW FAR 52.228-1. Additionally, the winning contractor will be required to provide Insurance and Performance & Payment Bonds IAW 52.228-5 & 52.228-15, respectively.

X

VERNON VALIGURA 817 886 1634

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

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

Project Title: Roads and Parking Lot, Lackland Ambulatory Care Center Phase 4.

Location: Joint Base San Antonio Lackland AFB San Antonio, Texas.

This is a 100% Small Business Design Bid Build construction Invitation for Bid.

Magnitude of Construction is between $5,000,000 and $10,000,000.00.

Point of Contact for Solicitation: Mr. Vernon Valigura; Vernon.N.Valigura2@usace.army.mil; (817) 886-1634.

NEGOTIATED

07-Aug-2020

(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 _______1 calendar days and complete it w ithin ________540 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________01 00 00.00 44

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 ______________08 Sep 2020 (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 offers 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 _______120 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

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour) Sealed envelopes containing offers

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

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

(817) 886-6403FAX:TEL: TEL: FAX:

W9126G20B0035 57

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section: 00 11 00 W9126G20B0035

Item Unit Line Item No. Description Quantity Unit Price Amount

0001 All work required for the Roads and Parking lot (Phase 4) of the Ambulatory Care Center.

1 JOB $ *** $

$TOTAL OFFER

Roads and Parking Lot, Lackland Ambulatory Care Center Phase 4 Lackland, Texas

CONTRACT LINE ITEM SCHEDULE

BASE OFFER: All work required by the plans and specifications.

Section: 00 11 00 W9126G20B0035

Roads and Parking Lot, Lackland Ambulatory Care Center Phase 4

Lackland Air Force Base, Texas

CONTRACT LINE ITEM SCHEDULE

NOTES:

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable

NOTE NO. 3. All the extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

NOTE NO. 4. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

NOTE NO. 5. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected. An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.

NOTE NO. 6. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. JOB

NOTE NO. 7. Profit will not be paid on bonds.

END OF CLIN SCHEDULE

Lackl and Ambul at or y Car e Cent er ( ACC) LK20ACC

SECTI ON 00 21 30

SI TE VI SI TS

PART 1 GENERAL

1. 1 SI TE VI SI TS

( a) Pur suant t o Cont r act Cl ause " FAR 52. 236- 3, Si t e I nvest i gat i on and Condi t i ons Af f ect i ng t he Wor k, " and t he Si t e Vi s i t Cl ause i n Sect i on 00 21 00 I NSTRUCTI ONS, CONDI TI ONS, AND NOTI CES TO OFFERORS pr ospect i ve of f er or s wi l l be per mi t t ed t o i nspect t he s i t e wher e ser vi ces ar e t o be per f or med and t o sat i sf y t hemsel ves as t o al l gener al and l ocal condi t i ons t hat may af f ect t he cost of per f or mance of t he Cont r act t o t he ext ent such i nf or mat i on i s r easonabl y obt ai nabl e. Bi dder s ar e ur ged and expect ed t o i nspect t he s i t e wher e t he wor k wi l l be per f or med. Si t e Vi s i t s wi l l be by appoi nt ment onl y and may i nvol ve ot her bi dder s.

See Sect i on 01 35 17. 00 44 SPECI AL PROJECT PROCEDURES FOR LACKLAND AI R FOCE BASE f or I nst al l at i on Ent r ance Requi r ement s.

( b) Si t e v i s i t i nf or mat i on: The si t e v i s i t wi l l be:

Dat e: 21 August 2020 Ti me: 0900 Locat i on: Par ki ng Lot on t he cor ner of Luke Bl vd and Kenl y Ave POC: Fr ank Wi l son EMAI L: f r ank. wi l son@usace. ar my. mi l Phone: 210- 854- 3862

Of f er or s and subcont r act or s wi shi ng t o par t i c i pat e must submi t a compl et e l i s t i ng of al l per sonnel t o at t end t he pr epr oposal s i t e v i s i t , v i a emai l , t o t he r ef er enced Base Access POC, a mi ni mum of seven ( 7) cal endar days pr i or t o t he pr epr oposal s i t e v i s i t . Si t e v i s i t appoi nt ment s ar e l i mi t ed t o 2 hour s each. Each cont r act or or subcont r act or i s l i mi t ed t o t hr ee ( 3) per sonnel f or t he s i t e v i s i t . I ncl ude t he f ol l owi ng i nf or mat i on f or al l at t endees and subcont r act or s. The f i r st name on t he l i s t wi l l i ndi cat e:

TEAM CHI EF, and t hi s i ndi v i dual wi l l be r esponsi bl e f or al l ot her per sonnel :

Of f er or ' s and of f er or ' s subcont r act or per sonnel f ul l names

Dr i ver ' s Li cense, i ncl udi ng t he St at e I ssued

Firm

Cont r act or s must compl y wi t h ALL i nst al l at i on r equi r emet ns whi l e on post . Per sonnel ar e r equi r ed t o wear masks dur i ng s i t e vi s i t s, and mai nt ai n a di st ance of s i x ( 6) f eet bet ween i ndi v i dual s, wher e abl e. Cont r act or s must pr ovi de t hei r own masks.

NOTE: The U. S. Gover nment wi l l conduct a check of ever y i ndi v i dual submi t t ed; t hi s wi l l i nc l ude checki ng al l l aw enf or cement dat abases.

Per sons wi t h quest i onabl e cr i mi nal r ecor ds or out st andi ng war r ant s wi l l be deni ed access t o t he i nst al l at i on.

DOCUMENT 00 21 30 Page 1

Lackl and Ambul at or y Car e Cent er ( ACC) LK20ACC

( c) I n no event wi l l a f ai l ur e t o i nspect t he s i t e const i t ut e gr ounds f or wi t hdr awal of a bi d af t er bi d openi ng or f or a c l ai m af t er awar d of t he contract.

PART 2 PRODUCTS ( NOT USED)

PART 3 EXECUTI ON ( NOT USED)

- - End of Sect i on - -

DOCUMENT 00 21 30 Page 2

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

SEALED BIDDING INSTRUCTIONS

SEALED BIDDING

INSTRUCTIONS

1. INQUIRIES

OFFEROR'S QUESTIONS AND COMMENTS

All questions and/or comments are to be submitted via ProjNet. Bidder

Inquiry in ProjNet at http://www.projnet.org/projnet To submit and review bid inquiry items, bidders will need to be a current registered user or self- register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed.

The Solicitation Number is: W9126G20B0035 The Bidder Inquiry Key is: 2VWD9D-8ENEW2

Last day to submit ProjNet questions is 5 calendar days prior to bid closure date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-

HELP.

2. INSTRUCTIONS TO OFFERORS

SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BIDS

SUBMISSION (FAR 14.302 & 14.304)

a. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR 52.214-18), Acknowledgement of all amendments, completed CLIN schedule, and original Bid Bond.

b. Offers received will be virtually opened at the following location:

http://www.projnet.org/projnet

US Army Engineer District, Fort Worth Fort Worth, TX Virtual Bid Opening 08 September 2020 at 02:00 PM (CDT)

c. Teleconference Dial-in Information for the public 222-675-2535 Access

Code 6550587, Security code: 1122 on 08 September 2020 at 02:00 PM

(CDT).

d. Please note, oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

e. SENDING FILES. In an effort to reduce paperwork and reduce cost, all proposals shall be submitted electronically. All submissions should be in Adobe PDF format. The Price Proposal and Technical Proposal shall be submitted as “separate” single files. Offerors may use compressions utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

Title the file(s) in the following format:

W9126G20B0035_COMPANY NAME_PRICE

W9126G20B0035_COMPANY NAME_TECHNICAL

Submit the Price and Technical proposals electronically via the DoD SAFE website at https://safe.apps.mil/.

In order for an outside user (the contractor) to submit a proposal for the solicitation, they must receive a drop-off request from an inside user (the government). When the inside user generates a drop-off request for you, you will receive an email with a link to submit your drop-off. Optionally, the Government may provide you with a request code. In that case, click the Drop-off button on the SAFE home page and enter the Request code.

To request and receive a drop-off request for this solicitation, email the Contract Specialist and Contracting Officer two (2) working days before the proposal due date. The Contracting Officer for this project is: Mr. John H. Rodgers. Email address is jjohn.h.rodgers@usace.army.mil. The Contract Specialist for this project is: Mr. Vernon Valigura. Email address is: Vernon.N.Valigura2@usace.army.mil. Include the solicitation number in your Email Subject Line: W9126G20B0035.

Proposals received after the date and time will be handled in accordance with FAR 14.304 Submission, modification, and withdrawal of bids.

mailto:john.h.rodgers@usace.army.mil.

mailto:Vernon.N.Valigura2@usace.army.mil

f. Original copies of the Bid Bond shall be submitted to the following point of contact two (2) calendar days after the bid due date.

US Army Engineer District, Fort Worth ATTN: Vernon Valigura 819 Taylor St, Room 2A17 Fort Worth, TX 76102-0300

g. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers will NOT BE ACCEPTED.

h. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offerswill NOT BE ACCEPTED.

i. EMAIL. Modifications and cancellations of offers WILL NOT be accepted.

Only the original electronically submitted bid will be accepted by the Government.

j. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the Government. To be determined responsible, the apparent low bidder shall:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them. The contractor will be required to provide the Name of the Financial Institution, POC, and phone number.

(2) Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORYon any Final Evaluation within the last six (6) years from the bid opening date.

(3) Have a satisfactory record of integrity and business ethics. Awardee will be required to provide at least three (3) references for like work, to include Business Name, Point of Contact, and telephone number.

(4) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). Per FAR 9.104-3, acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of the contract to acquire the needed facilities, equipment, other resources or personnel.

(5) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(6) Be otherwise qualified and eligible to receive an award under applicable laws and regulations

3. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on beta.sam.gov, website:

https://beta.sam.gov/, Solicitation Number W9126G20B0035. Written unsuccessful bidder letters will not be issued.

4. PREPROPOSAL CONFERENCE / SITE VISIT

SITE VISIT. See FAR clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) –

ALTERNATE I (FEB 1995)

IMPORTANT NOTES. (1) Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation. (2) The terms and conditions of the solicitation remain unchanged unless the solicitation is formally amended in writing.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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 Twenty (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) 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

USACE Fort Worth Attention: John H. Rodgers 819 Taylor St.

Fort Worth, TX 76102 SWF-Protest@usace.army.mil

(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)

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

Name:

Address:

Telephone: See Section 00 21 30

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 http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

https://www.acquisition.gov/ http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version%203__1%20NOV%202014.pdf

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.222-22 Previous Contracts And Compliance Reports FEB 1999 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39,500,000.

(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) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

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

(xv) 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.

(xvi) 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.

(xvii) 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.

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

(xix) 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.)

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

(xxi) 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 $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 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.

(xxv) 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.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--https://www.sam.gov/

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209- 10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award.