N4008520B1908-IDIQ Paving.pdf

SOLICITATION N4008520B1908, INDEFINITE QUANTITY (IDIQ), FOR MISCELLANEOUS PAVING, CONCRETE AND MINOR CONSTRUCTION AT

NAVAL WEAPONS STATION EARLE (NWSE), COLTS NECK & LEONARDO, NJ

THIS IS A CONSTRUCTION IDIQ, TYPE CONTRACT WITH A MINIMUM GUARANTEE OF $25,000.00 FOR THE ENTIRE DURATION OF THE CONTRACT. THIS SOLICITATION CONTAINS A BASE YEAR AND FOUR (4), TWELVE (12) MONTH OPTION PERIODS. THERE WILL BE NO

PRICING ADJUSTMENT IN ACCORDANCE WITH (IAW) FAR 52.222-30.

ESTIMATED COST RANGE: Betw een $1,000,000.00 and $5,000,000.00, including all options.

THIS SOLICITATION IS SET ASIDE FOR SMALL BUSINESS CONCERNS.

IMPORTANT: BECAUSE OF CO-VID 19 BIDS SHALL BE SENT TO THE CONTRACTING OFFICER VIA E-MAIL BID OPENING WILL BE CONDUCTED VIA TELECONFERENCE AT A TIME AND TELEPHONE # TO BE ANNOUNCED.

X

PEGGY A. DELUCA 732-866-2825

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

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

NEGOTIATED

02-Jun-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

X

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 _______15 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Jun 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 _______60 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

NAVFAC MID ATLANTIC

PWD EARLE

201 HIGHWAY SOUTH

BLDG C-9 NWP STATION EARLE

COLTS NECK NJ 07722-5017

N40085

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N4008520B1908 1 OF 60

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008520B1908

Section SF 30 - Block 14 Continuation Page (SF 30)

DESCRIPTION: The Contractor shall provide all labor, supervision, management, tools, matrerials, equipment, facilities, transportation, incidental engineering and other items necessary to provide minor construction, repair and alteration of pavements, roadways, sidewalks, reinforced concrete work, utility work guide rails, concrete bridge repair, loading platforms and concrete bunkers nad magazines an NWSE to fulfill the requirements of task orders (TO's) issued on an IDIQ, as needed basis. All work shall be completed as specified in the individual TO's issued.

SITE VISIT

CO-VID 19 INSTRUCTIONS: Until further notice, all scheduled site visits to Naval Weapons Station Earle (NWSE) will not be accompanied by a Government Representative. This means that a Government representative will not be escorting contractors into the base, and will not be at the actual site. It is the contractor’s responsibility to visit the site unescorted. NO ENTRANCE WILL BE ALLOWED ON RESTRICTED ACCESS AREAS OF

THE BASE.

Site visits can be arranged by notifying ALEX HOUSE at e-mail alex.w.house@navy.mil at least two weeks before your visit (be aware: bid opening will be 30 JUNE 2020). Your e-mail must state your company name, who will be attending and their affiliation to the bidder. If you do not contact ALEX HOUSE, you will not be given access to the base. Any questions arising from each site visit shall be sent electronically to the Contract Specialist located on the solicitation.

In addition, in order to gain access to the base, all bidder personnel coming to NWSE must answer and follow the procedures on the attached mandatory screening questionnaire. Bring a copy of this questionnaire with you to the security gate.

This questionnaire is one (1) page in length, is titled: 1.A.1.USSFF_NAVNORTH COVID-19 Screening Questionniarrev2020.04.18 and is in .pdf format.

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision) mailto:alex.w.house@navy.mil

Section 00 10 00 - Solicitation

CONTRACT LINE ITEM INSTRUCTION

Bidders shall enter unit prices and amounts for Contract Line Item Numbers (CLIN) on the bidding items furnished on this Standard Form 1442 (Solicitation, offer and Award) from the total Exhibit Line Item Numbers (ELINS), Attachment No. IQ BID SCHEDULE.

CLIN 0001, Base Period shall be the entire work complete in accordance with (IAW) the drawings and specifications, but not including work indicated or specified to be provided under any of the other bid items.

CLIN 0002, 1st Option Period shall be the entire work complete IAW the drawings and specifications, but not including work indicated or specified to be provided under any of the other bid items.

CLIN 0003, 2nd Option Period shall be the entire work complete IAW the drawings and specifications, but not including work indicated or specified to be provided under any of the other bid items.

CLIN 0004, 3rd Option Period shall be the entire work complete IAW the drawings and specifications, but not including work indicated or specified to be provided under any of the other bid items.

CLIN 0005, 4th Option Period shall be the entire work complete IAW the drawings and specifications, but not including work indicated or specified to be provided under any of the other bid items.

In the event there is a difference between a CLIN unit price and the ELIN unit price, the ELIN Unit Price will be held to be the intended bid and the CLIN amount will be recomputed accordingly.

This is an Indefinite Delivery Indefinite Quantity (IDIQ), Type Contract, with Firm Fixed Prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer (KO) who will issue written Task Orders (TO) as specified as by 52.216-18 ORDERING (OCT 1995). The only work authorized under this contract is that which is performed upon receipt of such TO’s. The Government makes no representation as to the number of TO’s, or actual amount of services that will be requested. All work ordered shall be paid for IAW the unit prices established in the Schedule of IDIQ work. The total amount of work to be ordered during the entire contract period shall not exceed the maximum quantities for each year as specified in the ELIN Schedule. A minimum of $25,000.00 worth of services will be ordered for the life of the contract.

ADDITIONAL INSTR BIDDERS

Anywhere offeror is stated in this solicitation, it holds the same meaning as bidder.

1. All questions shall be in writing and e-mailed to Peggy DeLuca at peggy.a.deluca@navy.mil . Questions must be sent by 5:00 pm Eastern, on 6/26/2020.

2. It is the bidder’s responsibility that all bids are received via e-mail to peggy.a.deluca@navy.mil prior to the time and date for receipt of bids specified in Block 13 of the SF1442 (special circumstance submission due to CO-VID 19). Receipts will be acknowledged by e-mail to the sender. A bidder’s failure to timely transmit the bid to the appropriate e-mail address shall render the bid non-responsive.

3. The PSC Code for this procurement is Z2LB. The NAICS Code is 237310. The applicable size standard is $39.5million. This requirement is 100% Set Aside for Small Business.

4. Prior to receiving an award as a result of this solicitation, you must be registered in the System for Award Management (SAM). To obtain information on SAM, visit the web site at https://beta.sam.gov/ . See BETA SAM SECTION titled: ENTITIES.

mailto:peggy.a.deluca@navy.mil mailto:peggy.a.deluca@navy.mil https://beta.sam.gov/

5. Contractors must complete and return all Representations and Certifications with their bid and annotate their Dunn & Bradstreet Number and CAGE Code with their bid.

6. The bid opening will be held via phone conference (special circumstance due to CO-VID 19). Submit your intention to attend the bid opening including the information required below to Peggy DeLuca at peggy.a.deluca@navy.mil at least 48 hours prior to the phone conference to receive the Conference Telephone Number and Conference ID Number.

7. Provide the names of personnel and company affiliation for anyone planning to participate in the bid opening by phone.

BASIS FOR AWARD

The low bidder for purposes of award shall be the conforming, responsive, responsible bidder offering the lowest total price of CLINs 0001 through 0005. CLIN prices are the total amount from the detailed line items listed in the accompanying ELIN Schedule. Bids are to be submitted for each line item listed. Bids are solicited on an “all or none” basis. Failure to submit bids for all items and quantities shall be cause for rejection of the bid.

The Government may make a pre-award survey of the low offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of financial and technical status and understanding of the contract requirements. The following are examples of the information that upon request the offeror shall be required to provide in writing to the Contracting Officer. Requested information shall be forwarded within three days of request. Failure to provide requested information, or a determination, after review of the information, of the offeror's non-responsibility, may result in rejection of the quote.

a. Identification of the bidder’s personnel and management to be used on this contract.

b. Summary of the bidder’s experience in performing work of the type required by this specification.

c. Other work presently under contract.

d. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor's performance.

e. Licenses and permits as required.

ATTACHMENTS TO IFB

There are four (4) attachments to this IFB. They Are:

File Name: Att. 1 IQ Bid Schedule (ELINS)- This is in EXCEL format, contains 6 tabs Approx file size is 188kb

File Name: Specifications - This is in .pdf format, it is 487 pages in length Approx file size is 1.74mg

File Name: Historical Values- This is in .pdf format, it is 1 page in length Approx file size is 54kb

File Name: 1.A.1.CUSFF_NAVNORTH COVID-19 Screening – This is in .pdf format, it is 1 page in length Approx file size: 544kb mailto:peggy.a.deluca@navy.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1

IDIQ PAVING - BASE YEAR

FFP

Paving, Concrete and Minor Construction at Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo NJ. Price to Perform the IDIQ Work In accordance With (IAW) all the terms and conditions of the contract. The Price of Contract Line Item Number (CLIN) is the sum of Exhibit Line Item Numbers (ELINS) A001 through A013G. All work to be funded on Individual Task Orders.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 OPTION IDIQ PAVING - 1st Option Period

FFP

Paving, Concrete and Minor Construction at Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo NJ. Price to Perform the IDIQ Work In accordance With (IAW) all the terms and conditions of the contract. The Price of Contract Line Item Number (CLIN) is the sum of Exhibit Line Item Numbers (ELINS) B001 through B013G. All work to be funded on Individual Task Orders.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 OPTION IDIQ PAVING - 2nd Option Year

FFP

Paving, Concrete and Minor Construction at Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo NJ. Price to Perform the IDIQ Work In accordance With (IAW) all the terms and conditions of the contract. The Price of Contract Line Item Number (CLIN) is the sum of Exhibit Line Item Numbers (ELINS) C001 through C013G. All work to be funded on Individual Task Orders.

0004 1 OPTION IDIQ PAVING - 3rd Option Year

FFP

Paving, Concrete and Minor Construction at Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo NJ. Price to Perform the IDIQ Work In accordance With (IAW) all the terms and conditions of the contract. The Price of Contract Line Item Number (CLIN) is the sum of Exhibit Line Item Numbers (ELINS) C001 through C013G. All work to be funded on Individual Task Orders.

0005 1 OPTION IDIQ PAVING - 4th Option Period

FFP

Paving, Concrete and Minor Construction at Naval Weapons Station Earle (NWSE), Colts Neck and Leonardo NJ. Price to Perform the IDIQ Work In accordance With (IAW) all the terms and conditions of the contract. The Price of Contract Line Item Number (CLIN) is the sum of Exhibit Line Item Numbers (ELINS) E001 through E013G. All work to be funded on Individual Task Orders.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.214-18 Preparation of Bids-Construction APR 1984 52.214-21 Descriptive Literature APR 2002 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.228-2 Additional Bond Security OCT 1997 52.232-15 Progress Payments Not Included APR 1984 52.232-36 Payment by Third Party MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, 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 bids; or

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

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

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids 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.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-12 PREPARATION OF BIDS (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE (FFP) INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ), contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

52.219-2 EQUAL LOW BIDS. (OCT 1995)

(a) This provision applies to small business concerns only.

(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus area as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at http://www.sba.gov/content/table-small-business-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

9.5% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

COLTS NECK AND LEONARO, NJ (MONMOUTH COUNTY).

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20% of the price payable for the contract guarantted minimum ($25,000.00).

(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

NAVAL FACILITIES ENGINEERING COMMAND

MID-ATLANTIC

9742 MARYLAND AVE.

NORFOLK, VA 23511-3095

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

52.252-1 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):

http://acquisition.gov/far http://www.cq.ocd.mil/dpap/dars/dfarpgi/current/index/html

(End of provision) http://acquisition.gov/far http://www.cq.ocd.mil/dpap/dars/dfarpgi/current/index/html

Section 00 22 13 - Supplementary Instructions to Bidders

REQUIRED INSURANCE

a. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage.

1. Comprehensive General Liability: $500,000 per occurrence.

2. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3. Workmen's Compensation: As required by Federal and State of New Jersey workers compensation and occupational disease statutes.

4. Employer's Liability Coverage: $100,000 except in states where worker's compensation may not be written by private carriers.

5. Other as required by New Jersey State law.

b. Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which this contract is to be performed, and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

c. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.

Cancellation Language. The cancellation language must state, "in the event of cancellation or any material change in policies adversely affecting the interest of the Government in such insurance, the cancellation or change shall not be effective until 30 days after written notice thereto the contracting Officer."

Wording such as "will endeavor to mail notice" or " failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

Umbrella Form. Excess liability under the umbrella form must detail the coverage explicitly. Since the umbrella is excess liability coverage, the contracting officer must know what the excess coverage consists of. The contractor should provide a breakdown of the umbrella policy. The contractor shall contact the insurance company and request they provide the information on the breakdown.

Auto liability. If a combined single limit (CSL) is provided in lieu of the required breakdown ($200,000 per person, $500,000 per occurrence or $20,000 for occurrence for property damage), be sure the CSL amount is sufficient. For example, a CSL of $500,000 is insufficient since one accident involving three persons and property damage would require $520,000. However, if you have an umbrella policy which includes excess automobile coverage, the insurance would be sufficient.

DAVIS BACON WAGES

"General Decision Number: NJ20200001 01/03/2020 Superseded General Decision Number: NJ20190001 State: New Jersey Construction Type: Highway

Counties: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Monmouth, Ocean and Salem Counties in New Jersey.

HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wageof $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020.