FR BFBS ROCK PURCHASE_SOLICITATION_23Q0086.pdf

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0086 08-Aug-2023

b. TELEPHONE NUMBER

605-487-7845 X 3218

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 24 Aug 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GREG J NIELSEN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212319

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9128F23Q0086

Section SF 1449 - CONTINUATION SHEET

BIDDING SCHEDULE

***Contractors must provide the below Price Schedule with the quote submitted for this project***

Item No. Description Quantity Unit Per Ton Price Amount

0001 Purchase / Delivery 29,500 Ton $_________ $_________________ DOT Class C Stone (Rip Rap)

Per Specification Section 35 31 19 Per Map Location “Stockpile Area” Stockpile Location: latitude and longitude - 43°54'18.22"N, 99°20'34.73"W Delivery of the DOT Class C Stone (Rip Rap) to stockpile location must be deliverd by 6/15/2024

Item No. Description Quantity Unit Job Price Amount

0002 Stockpile Site Prep / Minor Earthwork 1 Job $_________ $_________________ (Leveling and Clearing Vegetation and Top Soil)

Per Map Location “Stockpile Area” Stockpile Location: latitude and longitude - 43°54'18.22"N, 99°20'34.73"W Stockpile Site Preparation must be completed prior to Delivery Operations

Item 0001 & 0002 TOTAL: $_________________

Quoter Directions Item No. 0001: Calculate 29,500 x Per Ton Price = Total Amount Item No. 0002: Calculate 1 x Job Price = Total Amount Then, please add the price of Item No. 0001 and No. 0002 for the Total Quote.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 29,500 Net Ton

(2,000

LB).

FR BFBS ROCK PURCHASE

FFP

SEE BIDDING SCHEDULE AND INSTRUCTIONS - QUOTERS FILL OUT

BIDDING SCHEDULE FOR ITEM NO. 0001 AND ITEM. NO 0002.

FOB: Destination

PSC CD: 3820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

FR BFBS ROCK PURCHASE

FFP

SEE BIDDING SCHEDULE AND INSTRUCTIONS - QUOTERS FILL OUT

BIDDING SCHEDULE FOR ITEM NO. 0001 AND ITEM. NO 0002.

PSC CD: 3820

NET AMT

SPECIFICATION

SECTION 35 31

STONE

01/00

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM C 88 (1990) Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate

ASTM C 127 (1988) Specific Gravity and Absorption of Coarse Aggregate

ASTM D 5519 (2015) Particle Size Analysis of

Natural and Man-Made Riprap Materials

1.2 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals having no designation are for information only. The following shall be submitted in accordance with Section 013300 SUBMITTAL

PROCEDURES:

SD-03 Product Data

Location of Material Sources for Stone; G-AO.

SD-05 Design Data

Letter of Clearance; G-

AO.

SD-06 Test Reports

Tests, service records, and results; G-AO.

1.3 MEASUREMENT OF MATERIALS

Material shall be measured as specified in SECTION 01 22 00 MEASUREMENT

AND PAYMENT.

1.4 PAYMENT

Separate payment will not be made for the work described in this section.

All costs for this work will be included in the appropriate contract unit bid prices.

PART 2 PRODUCTS (NOT

APPLICABLE) PART 3 EXECUTION

3.1 STONE

The Contractor shall submit the location of material sources for stone.

The locations shall be described to the quarter-quarter section and shall be clearly delineated on a map with a scale of 1 inch = 2000 feet. The map shall also indicate roads and distances to the nearest cities or towns, which would appear on typical highway maps.

Material sources will be approved by the KO prior to delivery of stone.

3.1.1 General

Whenever "stone" is specified in this contract, it shall be durable stone, geologically classified as "Sioux Quartzite", approved by the Contracting Officer and shall conform to all requirements of these specifications.

In addition to the sampling and test results or service test records required of the Contractor, the Contracting Officer reserves the right to inspect the material source and require additional samples of stone material, selected by the Contracting Officer, be submitted to the Contracting Officer for evaluation and approval prior to delivery of any material to the site of the work, except for test purposes. These samples, identified by specific location and specific geologic formation shall be obtained by the Contractor and delivered at his expense to a point designated by the Contracting Officer at least 10 days in advance of the time when the placing of the stone protection is expected to begin.The above inspection and sampling may be repeated any time the Contractor changes the location of geological formation from which the material is coming. The Contractor shall not be granted an extension of time or extra compensation due to any delay caused by sampling, testing, approval or disapproval of stone material under the requirements of these specifications.

3.1.1.1 Broken Concrete

Broken concrete rubble will not be allowed as an allowable substitute for stone.

3.2 Quarried Stone or Field Boulders

3.2.1 General

The stone shall consist quarried stone meeting the quality requirements above. Neither the breadth nor the thickness of any piece of stone shall be less than one-third of its length. Stone shall be reasonably well graded from coarse to fine. Quarry operation shall be controlled to produce a reasonable well graded stone of the required size, and the Contracting Officer may require changes as necessary to produce the required product. Dirt and fines of less than 1/2-inch maximum cross section, accumulated from interledge layers or from blasting or handling operations or breaking shall not exceed 5 percent by weight.

The stone shall be reasonably well graded between the following limits, classified as Class C Rip Rap as defined by the South Dakota Department of Transportation:

Limits of Stone Weight Percent Lighter Weight Size in Approx.

by Weight in Pounds (lbs) Spherical Diameter (in)

100 1350-540 30

50 400-270 21

15 200-84 15

3.2.2 Quarry Operations

Conduct quarry operations in a manner to produce stone conforming to the requirements specified, this may involve selective quarrying, handling, processing, blending, and loading as necessary. Control blasting and handling of rock to produce rock of the size ranges and quality specified. Techniques such as the use of proper hole diameter, hole depth, hole angle, burden and spacing distances, types and distribution of explosives, delay intervals and sequence, removal of muck piles between each shot, and special handling techniques are required as necessary to produce the specified materials. All aspects of blasting operations shall be specifically designed so that the end product is not damaged from the blasting technique and that the stone is suitable for the intended purpose. If only a sub-section of a ledge is approved for use, a written description of quarry operations to isolate removal and handling of rock from that ledge section is required. If visual separation of ledge sub-section material is not feasible, the Contracting Officer may require additional testing to verify quarry operations.

3.2.2.1 Quarry Location

Quarry proximity to the work site is preferred to facilitate Government inspections. Use of any quarry located greater than 500 miles from the work area is not acceptable without prior approval by the Contracting Officer.

3.2.2.2 Curing Stone

Conduct curing operations on freshly quarried stone to allow it to release stored energy and moisture and to allow the stone to demonstrate that it will not fracture during the energy release and drying-out phase.

Stones of sizes which are individually picked shall be temporarily stockpiled at the quarry site a minimum of 90 calendar days before being shipped to the project site, unless this requirement is waived by the Contracting Officer. Such waiver will be granted only if the stone has characteristics that make curing unnecessary.

3.2.2.3 Stone Quarrying Exclusion Period

Stone quarried between the 1st of October and the 15th of April may not be approved for use in the project. If the stone is not affected by freeze-thaw cycles, and the durability history of the stone demonstrates that quarrying during the exclusion period has no adverse effect on the durability of the stone, and the Contracting Officer approves the use of stone quarried during the exclusion period, the stone quarrying period exclusion may be waived by the Contracting Officer. Stone quarried before the exclusion period at a time which will not permit sufficient curing time before being subjected to freezing conditions, and which is subject to fracturing as a result of freeze-thaw cycles, will not be approved for use.

3.2.2.4 Temporary Storage at Quarry

Storage of stone materials subsequent to shipment from the quarry and prior to permanent placement in the required work shall be subject to approval of the Contracting Officer. Underwater storage of stone materials or the storage of stone materials in an area subject to winter melt and freeze-thaw due to improper drainage is prohibited.

3.2.3 Riprap Stockpile

If the Contractor elects to provide off-site stockpiling areas, the Contracting Officer shall be notified of all such areas. The Contracting Officer may elect to inspect stockpile areas to view rock handling operations and stockpile conditions. Stockpile operations shall be conducted to minimize potential damage due to operations including rock handling and the environment. The stockpile area shall be well graded to provide drainage. The Contracting officer may elect to require testing of stockpiled rock prior to placement to ensure conformance with grading and test limits. After being stockpiled, any riprap which has become contaminated with soil or refuse shall not be put into the work unless the contaminating material has been removed from the riprap prior to placement. No storage of materials during the freeze thaw period, roughly 1 December through 15 April, shall be allowed without the approval of the Contracting Officer.

3.3 SALVAGED STONE

Excess salvaged stone shall be placed onsite as approved by the COR.

3.4 TESTS, SERVICE RECORDS AND RESULTS

Tests, service records and results will be used to determine the acceptability of the quarried stone material. In the event test reports and a service record that are satisfactory to the Contracting Officer are not available, as in the case of newly operated sources, the material shall be subject to such tests as are necessary to determine its acceptability for use in the work.

Tests to which the material may be subjected include petrographic analysis, specific gravity, absorption, wetting and drying, soundness in magnesium sulfate, freezing and thawing, and such other tests as may be considered necessary to demonstrate to the satisfaction of the Contracting Officer that the materials are acceptable for use in the work. All tests shall be performed by the Contractor at no cost to the Government. The stone protection material shall meet the following test limits when tested as indicated.

3.4.1 Acceptability of Previous Test Results

Previously conducted test results submitted by the Contractor that are dated within 1 year from contract award date may be accepted by the Contracting Officer. Acceptable tests must have been conducted from an active quarry ledge with sampling and testing conducted by an accredited lab. The Contracting Officer may require new tests without justification at any time during contract performance. A contract performance period that exceeds 1 year may require additional sampling and testing at the discretion of the Contracting Officer.

3.4.2 Sampling

All sampling of the stone protection materials will be made by or under the supervision of the Contracting Officer unless prior approval for other methods are received from the Contracting Officer. A minimum of three samples are required for testing. Test results should clearly specify the sampling personnel, quarry location, and the ledge(s) that were sampled.

Minimum sample size shall be collected that are representative of the rock gradation and conform to requirements for each specific test. Quarry ledges with significant variability shall require sampling a minimum of three samples from each ledge sub-section. If the source is an undeveloped quarry or if the operation has been dormant for more than one year, expose fresh rock for 20 feet horizontally and for the full height of the face proposed for production prior to field evaluation and sampling. The Contracting Officer may also require documentation of quarry exploration and past quarry production rates in order to determine whether or not sufficient reserves are available.

3.4.3 Field Performance

Field performance for specific rock sources may be required at the discretion of the Contracting Officer in addition to test results. Field performance rock installation records consists of: project location, rock gradation, construction date, construction drawings, field photo history, and point of contact. Preferred performance history will be from a riverine application on a large river with similar depth / velocity that is subject to wetting and drying with similar rock size.

3.4.4 Testing Facilities

All tests shall be conducted at USACE approved test facilities. A list of test facilities is available at:

https://mtc.erdc.dren.mil/searchvalidation.aspx

3.4.5 Bulk Specific Gravity

Stone shall have a bulk specific gravity, saturated surface dry, (SSD), greater than 2.5. The stone shall have an absorption less than 3 percent unless other tests and service records show that the stone is satisfactory. The method of test for bulk specific gravity (SSD) and absorption will be ASTM C 127. The tests method shall be modified as follows: Total sample shall weigh 5,000 grams +2 percent. Individual particles shall weigh approximately 300 grams each.

3.4.6 Soundness

Soundness in Magnesium Sulfate, ASTM C 88, loss at 5 cycles not more than

12 percent. ASTM C 88 shall be modified as follows:

3.4.6.1 General

The sample shall be prepared by breaking it into fragments reasonably uniform in size and shape and weighing approximately 100 grams each.

The test sample shall weigh 5,000 grams +/- 2 percent.

The sample shall be thoroughly washed and dried previous to test as described for coarse aggregate. The samples immersed in the solution shall be maintained at a temperature of 80 degrees F +/- 2 degrees F for the immersion period.

3.4.6.2 Quantitative Examination

At the end of the fifth cycle, the percentage loss shall be determined by the three following methods. The test report shall show the loss computed by each method; however, only the combined loss shall be used for acceptance or rejection of the material.

a. Loss by Breaking

An individual piece which has broken or split into three or more fragments shall be considered to have failed the test, provided each of the three such fragments is at least 10 percent of the original piece by weight. The total original weight of all pieces failing the test, expressed as percentage of the total original weight of the sample, shall be considered as percentage loss by breaking.

b. Loss by Crumbling and Flaking

After the loss by breaking has been determined, the pieces that have not failed in that determination shall be screened on the 1/2-inch sieve and the material retained on the sieve shall be weighed for purposes required to determine combined losses. The pieces which have failed by breaking shall then be added to the material remaining on the 1/2-inch sieve and screened. The difference between the total original weight of the sample and the total weight of the material retained on the 1/2-inch sieve expressed as percentage of the total original weight, shall be considered as percentage loss by crumbling and flaking.

c. Combined Loss

The difference between the total original weight of the material retained on the 1/2-inch sieve, after screening the pieces which did not fail by breaking, expressed as percentage of the total original weight, shall be considered as percentage combined loss.

d. Report

The report for riprap rock shall show the percentages of loss calculated as described herein before and the number of pieces affected, classified as to number disintegrating, splitting, crumbling, cracking, flaking, etc. Testing results should also include photographs.

3.4.7 Soundness in Freezing and Thawing-Method for Riprap Rock

The test for freezing and thawing shall consist of CRD-C 144, Standard Test Method for Resistance of Rock to Freezing and Thawing. The test shall be performed on a minimum of three (3) specimens.

3.4.7.1 Sampling

Sampling shall conform to criteria previously stated in section 3.4.2 and shall also conform to CRD-C 144 procedures. Samples shall be collected that are representative of the desired rock gradation with a minimum size of 12 inches in any dimension and approximately 25,000 grams (55 pounds) or larger. Prepared specimens subjected to testing shall be at least 7,000 grams (15.4 pounds). The test report submitted for approval shall contain information as required by CRD-C 144 test procedures. Photographs of the stones during various phases of the testing shall be included.

3.4.7.2 Acceptability

The loss at twenty (20) cycles for any individual specimen shall not exceed fifteen (15) percent and the average of all three samples shall not exceed

(10) percent.

3.4.8 Gradation Field Tests

Tests to determine the amount of dirt and fines of less than 1/2-inch maximum cross section and to determine the gradation of the quarried and new stone material shall be performed by the Contractor, under the supervision of the Contracting Officer. An acceptable test shall be required from each different source of stone material and for each specified gradation.

Gradation tests shall be performed in accordance with ASTM D 5519, Test Method A. Tests to determine the amount of dirt and fines of less than 1/2-inch maximum cross section and to determine the gradation of the quarried and new stone material shall be performed by the Contractor, under the supervision of the Contracting Officer, by approved methods.

A representative sample, consisting of not less than 12 tons, shall be tested at the start of construction operations and at intervals during construction, as directed. A total of one acceptable test shall be required from each different source of stone material and for each specified gradation. These tests shall be performed at the construction site prior to placement of the stone. The test shall be conducted immediately upon request of the Contracting Officer. The Contractor shall plot the results of each test for gradation in relation to the gradation limits envelope specified. The plots shall be made on Engineering Form 4055, furnished by the Contracting Officer, or on a similar form. Results of the field test and the plots shall be furnished to the Contracting Officer prior to placement of the stone. If at any time the material fails to meet the requirements, the Contractor shall adjust his operations to control the amount of dirt and fines to meet the specifications.

3.4.8.1 Test Method

Gradation tests shall be performed in accordance with ASTM D 5519, Test Method A.

3.4.8.2 Test Location

Gradation field tests shall be performed at the construction site prior to placement of the stone. Gradation tests performed by the Contractor at the quarry are encouraged to ensure acceptability but cannot be substituted for gradation field tests at the site.

3.4.8.3 Sample Size and Test Frequency

A representative sample, consisting of not less than 12 tons, shall be tested at the start of construction operations and at intervals during construction, as directed. At a minimum, gradation testing shall be required for each 50,000 tons of material placed during contract execution.

3.4.8.4 Test Schedule

The test shall be conducted immediately upon request of the Contracting Officer. The Contractor shall notify the Contracting Officer not less than 3 work days in advance of scheduling each field test. Attendance of the Government Representative at the gradation test is mandatory unless waived by the Contracting Officer.

3.4.8.5 Acceptability

The Contractor shall plot the results of each test for gradation in relation to the gradation limits envelope specified. The plots shall be made on Engineering Form 4055, furnished by the Contracting Officer, or on a similar form. Results of the field test and the plots shall be furnished to the Contracting Officer prior to placement of the stone.

Failure of the test on the initial sample and on any additional samples will be considered cause for reject of the quarry and/or quarry process, and all stone represented by the failed tests shall be set aside and not incorporated into the work. Any additional test required because of the failure of the initial test sample will not be consider as one of the required tests. Test results must be received and approved by the Contracting Officer for use prior to any stone placement. The Contracting Officer may direct additional testing or reject stone furnished to the worksite if the stone appears, by visual inspection, to differ than the tested gradation or quality.

-- End of Section --

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-DEC-2023 TO

15-JUN-2024

N/A N/A

0002 POP 01-DEC-2023 TO

15-JUN-2024

N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

5 Percent increase

5 Percent decrease This increase or decrease shall apply to CLIN 0001.

(End of clause)

Addendum; Instructions to Offerors—Commercial Items

This Solicitation is being advertised as a low price procurement. The “Rip Rap” must meet the specifications that are included within this Solicitation to be technically acceptable. The quoter with the lowest cost per ton that meet the specifications (CLIN 0001) added to the lowest cost per site preparation (CLIN 0002) will be awarded the contract.

Please provide the following information with your proposal:

Company’s Name as it appears on SAM:

Company’s Address as it appears on SAM:

CAGE CODE:

UEI:

TIN:

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF1449, letterhead stationary, or as otherwise specified in the solicitation. Offers must be submitted electronically, unless other arrangements have been made. Send completed offers to Greg Nielsen at greg.j.nielsen@usace.army.mil. The proposal shall consist of one (1) pdf document not to exceed 25 pages. The price worksheet will not count towards the 25 page limit. The Government may not review any additional pages after 25. As a minimum, offers must include with their proposal:

(1) The solicitation number;

(2) The name, address, federal tax identification, email, and telephone number of the offeror;

(3) Names, title, email, and telephone number of persons authorize to negotiate and sign the proposal;

(4) All required technical, past performance, and price factor information stated in FAR 52.212-2, Evaluation – Commercial Items; (Non- Applicable)

(5) A statement specifying agreement will all terms, conditions and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration;

(6) Acknowledgement of Solicitation Amendments, if applicable;

(7) A completed copy of the representations and certifications at FAR 52.212-3, if applicable (see FAR 52.213- 3(b) for those representations and certifications that the offeror shall complete electronically); and

(8) A completed copy of FAR Clause 52.216-2. Offeror shall complete the fill-in with “CLIN 0001 and CLIN 0002”.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

(m) Questions. All questions pertaining to this combined synopsis and solicitation shall be in writing, directed to the attention of Greg J Nielsen at greg.j.nielsen@usace.army.mil All questions shall be submitted not later than seven (7) calendar days prior to the proposal due date, in order to ensure adequate time is allotted for form an appropriate response and if needed, amend the solicitation. Offerors are requested to review the solicitation in its entirety for answers to questions, prior to submitting a new question.

(n) Insurance Required (FAR 52.228-5): In accordance with FAR 28.307-2, “Liability,” the contractor shall procure the following minimum insurance:

Type Amount Workman’s Compensation and Employer’s Liability Insurance $100,000 General Liability Insurance $1,000,000 per occurrence

And, when automobiles are used in connection with performing the contract:

Type Amount Automobile Liability Insurance $200,000 per person Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence

And, when aircraft is used in connection with performing the contract:

Type Amount Aircraft Public and Passenger Liability Insurance $200,000 per person Bodily Injury (other than passenger injury) $500,000 per occurrence Property Damage $200,000 per occurrence

Passenger Liability Bodily Injury $200,000 multiplied by the number of seats or passengers, whichever is greater

And, when contract performance involves use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity insurance. The contractor is responsible for contacting the state for compliance with its workman’s compensation laws.

(o) State and Local Taxes:

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-

107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142. Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer is 550 employees under NAICS code 212319, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation…