SF1449_W9128F23Q0098.docx

W9128F23Q0089

Section SF 1449 - CONTINUATION SHEET

CONTRACT REQUIREMENTS

STATEMENT OF WORK

FOR

SUPPLY AND DELIVER QUARRIED STONE

ONTO GOVERNMENT BARGES

INDEX

1. General Information

2. Stone Material Specifications

3. Required Testing

4. Stone Requirements

5. Stone Delivery

6. Measurement of Materials (Tons)

7. Payments

1. GENERAL INFORMATION

1.1. General: This is a Firm-Fixed-Price (FFP) Contract to supply, deliver, and load 60,000 tons of quarried stone onto government barges as defined in this Statement of Work (SOW) for the US Army Corps of Engineers (USACE) Omaha District.

1.2. Objective: The primary objective is to supply and deliver 60,000 tons of quarried stone onto government owned barges as defined in this SOW for the operation and maintenance of approved structures of the Missouri River Recovery Program and Bank Stabilization Navigation Project.

1.3. Place of Performance: The Missouri River between river mile 498 near Rulo, NE, and river mile 734 near Sioux City, IA.

1.4. Period of Performance: The period of performance for the total amount of the supply and deliver of quarried stone onto government barges is 730 days. The initial order of 1,000 tons of stone must be delivered and ready for loading onto government barges no later than 10 days after acceptance of preliminary test results. The contractor shall load subsequent deliveries onto government barges with a notice of three (3) days and shall maintain the capability to deliver and load up to 1,000 tons of stone per week on an intermittent and as-needed basis. See Section 2.5 for submittal of stone quality requirements.

1.5. Hours of Operation: The Contractor shall be required to supply and deliver material during normal duty hours of work, 7:00 a.m. to 3:30 p.m., Monday through Fridays, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Loading of government barges is expected to take place during the navigation flow support season which typically runs April 1 through November 30 each year. Intermittent loading outside this period may take place if acceptable to both parties and river conditions allow.

1.6. Recognized Holidays: The Contractor will not be required to supply and deliver material on Federal Holidays, unless agreed upon by both the Contractor and Contracting Officer.

The Federal Holidays include:

Independence Day

1.7. Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

a. Assures the Contractor performs the technical requirements of the contract.

b. Performs inspections necessary in connection with contract performance.

c. Maintains written and oral communications with the Contractor concerning technical aspects of the contract.

d. Monitors the Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies.

However, the COR is NOT authorized to make any changes of the terms and conditions of the contract.

1.8. Post Contract and Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance and or performance requirements. At these meetings the contracting officer or COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

2. STONE MATERIAL SPECIFICATIONS

2.1. Source: The Contractor shall submit the location of material sources for stone in accordance with these specifications. The locations shall be described to the quarter-quarter section and shall be clearly delineated on a map with a scale of one (1) inch equal 2,000 feet. The map shall also indicate roads and distances to the nearest cities or towns, which would appear on typical highway maps. The Contractor shall also submit a letter of clearance from the State Historic Preservation Officer permitting the quarrying, excavation, or other removal of the required contract materials.

2.2. Description: Whenever "stone" is specified in this contract, it shall be durable quarried stone approved by the COR and shall conform to all requirements of this statement of work. The Contractor shall submit samples of stone at the location of the sources of materials in accordance with this statement of work. In addition to the sampling and test results or service test records required of the Contractor, the COR reserves the right to inspect the material source and require additional samples of stone material to be submitted, selected by the COR for evaluation and approval prior to delivery of material, 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 COR at least ten (10) days in advance of the time when the delivery of the stone material 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.

2.3. Stone Requirements: The stone shall consist of quarried stone meeting the quality requirements of these specifications. Neither the breadth nor the thickness of any piece of stone shall be less than one-third of its length. The pieces shall be angular in shape, free from rounded and sub rounded material. Angular stone is defined as having a minimum of three (3) major flat surfaces with sharp angles between the surfaces. 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 COR may require changes as necessary to produce the required product. Fines of less than one half inch maximum cross section, accumulated from interledge layers or from blasting or handling operations or breaking shall not exceed five (5) percent by weight.

The “COE Special” stone shall be reasonably well graded between the following limits:

Table 1 – COE Special Gradation Requirement

Tests to determine the quantity of fines less than one half inch maximum cross section shall be performed by the Contractor and inspected by the COR using approved methods. A representative sample consisting of not less than twelve (12) tons shall be tested at the start of quarry operations and at intervals during the production as directed by the COR, except that not less than one and not more than three acceptable tests will be required from each source. Results of the field tests shall be furnished to the COR. If the material fails to meet these requirements, the Contractor shall adjust the quarry operations to ensure the quantity of fines does not exceed the requirements of these specifications.

The stone shall be tested in accordance with this specification and meet the following requirements:

Table 2 – Stone Quality Requirement

(Min. at SSD) Soundness in Magnesium Sulfate (Max. % combined loss) Soundness in Freeze/Thaw (Max. % loss after 20 cycles)

Average of all three samples: 10%

2.4. Sampling and Testing Requirements: The Contractor shall be responsible for all sampling and testing specified herein. Upon request, furnish duplicate samples of test specimens to the COR for possible verification testing by the Government. All samples including samples taken during production shall be representative of the stone material furnished. Samples shall be taken in accordance with ASTM D 75 or other approved method. All sampling operations shall take place in the presence of a representative of the COR. No rock shall be furnished from any source which has not been sampled, tested, and approved.

2.5. Initial Sampling and Testing: Tests for bulk specific gravity, soundness in magnesium sulfate, soundness in freezing and thawing, and gradation field tests shall be performed on samples of material obtained from each ledge of proposed stone material prior to delivery. Test results shall describe type of failure of the discrete particles. The contractor shall submit any preliminary, existing test results including the name of the owner of the quarry and the legal description to the COR for review and approval no later than five (5) days after contract award. The COR may conditionally approve the preliminary test results for the initial delivery of up to 5,000 tons. Complete, test results performed by a USACE validated lab not longer than twelve (12) months prior to delivery including the name of the owner of the quarry and the legal description shall be submitted to the COR for review and approval no later than forty-five (45) days after contract award. For planning purposes, the government anticipates that test results will be approved within five (5) working days of submission. However, additional time may be required if results are not clear or additional clarification or interpretation is required.

2.5.1. Acceptability of Previous Test Results: Previously conducted test results submitted by the Contractor that are dated within twelve (12) months 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 a validated lab. Quarries with limited use data, poor historic test results, conflicting results, sampling methods and sizes that do not conform to test standards, and similar will be considered when requesting additional testing. The Contracting Officer may require new tests without justification at any time during contract performance. A contract performance period exceeding one (1) year may require additional sampling and testing at the discretion of the Contracting Officer.

2.5.2. Testing of New Sources: 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 are satisfactory to the COR 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 delivery. Tests to which the material may be subjected include bulk specific gravity, soundness in magnesium sulfate, freezing and thawing, and other such tests may be considered necessary to demonstrate satisfaction to the COR of materials being acceptable for use in the work. All sampling of the stone materials will be inspected by the COR. All tests shall be performed by the Contractor at no cost to the Government and submitted to the COR in a quality control report no later than twenty-one (21) days prior to scheduled delivery.

2.6. Testing Procedure: Perform specified or required tests to verify that control measures are adequate to provide a product which conforms to contract requirements. Procure the services of a U.S. Army Corps of Engineers approved testing laboratory or establish an approved testing laboratory at the project site.

Perform the following activities and record and provide the following data:

a. Verify testing procedures comply with contract requirements.

b. Verify facilities and testing equipment are available and comply with testing standards.

c. Check test instrument calibration data against certified standards.

d. Verify recording forms and test identification control number system, including all of the test documentation requirements have been prepared.

e. Record results of all tests completed, both passing and failing on the contractor’s quality control report for the date taken. The quality control report shall be submitted to the COR no later than fourteen (14) days prior to the scheduled delivery. Failure to submit timely test reports as required may result in nonpayment for related work performed and disapproval of the test facility for this Contract.

2.6.1. Testing Laboratories: All testing laboratories must be validated by the USACE Material Testing Center (MTC) for the tests to be performed. Information on the USACE MTC with web-links to a list of validated testing laboratories can be found at: https://mtc.erdc.dren.mil/. Click on "Lab Validation" and then “Search for a Validation.”

3. REQUIRED TESTING

3.1. Bulk Specific Gravity: Bulk specific gravity shall be computed in accordance with ASTM C 127/ASTM C 128 except that the total sample shall weigh 5000 grams +/-2 percent and individual particles shall weigh approximately 300 grams each. Stone protection material shall be tested in a saturated surface-dry (SSD) condition. The computed bulk specific gravity so determined shall not be less than what is shown in Table 2 above.

3.2. Soundness in Magnesium Sulfate: Soundness in magnesium sulfate shall be determined according to ASTM C 88 with test modifications as listed below. The combined loss at five cycles shall be not more than the percent shown in Table 2 above. The test report shall show the percentages of loss calculated as described herein and the number of pieces affected, classified as to number disintegrating, splitting, crumbling, cracking, flaking, etc.

3.3. Sample: 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 before 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. Quantitative Examination: At the end of the fifth cycle, the percentage loss shall be determined by the three (3) 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 (3) or more fragments shall be considered to have failed the test, provided each of the three such fragments is at least ten (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 half 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 half inch sieve and screened. The difference between the total original weight of the sample and the total weight of the material retained on the half 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 half 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 the stone 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.

4. STONE REQUIREMENTS

4.1. The 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, and the maximum loss at twenty (20) cycles for each individual specimen shall not exceed the percent shown in Table 2 above. The test report submitted for approval shall contain information as required by CRD-C 144.3.4.4 Gradation Field Tests.

4.2. Sample: Rock source samples shall be collected that are representative of the desired rock gradation with a minimum size of twelve (12) inches in any dimension and 25,000 grams (55 pounds). Prepared specimens subjected to testing should be as large as possible, up to the capacity of pans used for the test and shall be at least 5,000 grams (11.0 pounds).

4.3. Stone Requirements: The Gradation Field Tests: Tests to determine the number of fines of less than one-half inch maximum cross section and to determine the gradation of the quarried stone material shall be performed by the contractor and inspected by the COR under approved methods. A representative sample, consisting of not less than twelve (12) tons, shall be tested at the beginning of operations and at intervals during the period of performance, as directed. A total of three acceptable tests shall be required from each different source of stone material and for each specified gradation. These tests shall be performed at the quarry prior to delivery of the stone. The test shall be conducted immediately upon request of the COR. 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 COR, or on a similar form. Results of the field test and the plots shall be furnished to the COR prior to delivery of the stone. If at any time the material fails to meet the requirements, the Contractor shall adjust his operations to control the number of fines to meet the specifications.

5. STONE DELIVERY

5.1. Delivery Location(s): Stone materials shall be delivered and loaded onto government barges along the Missouri River at one (1) or two (2) acceptable loading dock/area location between river mile 498 near Rulo, NE, and river mile 734 near Sioux City, IA. The locations for the north and south delivery areas may be the same, but multiple locations in each delivery areas are not allowed. If two (2) delivery locations are identified by the contractor, one must be located between river mile 498 and river mile 640 and the other must be located between river mile 640 and river mile 734.

5.2. Delivery method: The acceptable loading dock/area shall provide a minimum of seven (7) foot draft at any time, be accessible by all-weather public roads, be secure from public access, and have an acceptable staging/mooring area for loaded and unloaded barges within a quarter mile from loading location. A secure area for staging government vehicles shall be provided. The loading location shall not change and must remain constant during the duration of the Contract unless otherwise approved by the COR. The contractor shall load the barges level and symmetrically by a process that will not cause damage to the government barges by equipment or falling stone. The contractor shall provide the required material handling equipment and trained operators to load the stone.

6. MEASUREMENT OF MATERIALS (TONS):

6.1. Material: Material shall be measured for payment in tons using the “Scale Method”. The weigh bill or other approved methods shall not be older than forty-eight (48) hours.

6.2. Weigh: Stone delivered may be weighed for payment on public scales which have been approved by the COR and which have been certified by the State wherein the scales are located. The stone shall be weighed to the nearest (twenty) 20 pounds and the net weight reduced to the nearest hundredth of a ton. If public scales are not available, the Contractor may furnish approved scales subject to certification acceptable to the COR, and the weighing service may be supplied by an independent professional organization approved by the COR. The Contractor shall furnish the COR a copy of each printed weigh bill when self-printing scales are used, or a copy of the weigh bill signed by the weighmaster as each load is delivered. Each weigh bill shall contain the following: date, unit number, time of gross weight, time of net weight, name of project, contract number, name of Contractor and signature of the weigher.

6.3. Weigh Options: If public scales or an independent professional weighing service is not available, stone delivered may be weighed for payment by a bonded weighmaster on scales which have been approved by the COR and which have been certified by the applicable State wherein the scales are located. The Contractor shall furnish the COR a copy of each weigh bill signed by the bonded weighmaster as each load of stone is delivered.

7. PAYMENTS:

7.1 Payments: Payments will be made after receipt of a proper invoice or receipt of acceptable supplies, whichever is later, but not more than monthly and in accordance with FAR 52.212-4 The contractor is required to include the contract number, date loaded, barge number loaded, total tons loaded on all invoices so that receipt and payment for the item or service may be expeditiously processed. Send invoices to Jeremiah J. Szynskie at jeremiah.j.szynskie@usace.army.mil.

Rock Supply ~ North Projects Location 1

FFP

Delivery of Rock for projects from River Mile 640 to River Mile 734. The primary objective is to supply and deliver 30,000 tons of quarried stone onto government barges as defined in this SOW for the operation and maintenance of approved structures of the Missouri Riverbank Stabilization Project.

Location of Delivery Point: _________________________________________ FOB: Destination

MILSTRIP: W59XQG31573787

PURCHASE REQUEST NUMBER: W59XQG31573787

PSC CD: 5610

NET AMT

Rock Supply ~ South Projects Location 2

FFP

Delivery of Rock for projects from River Mile 498 to River Mile 640. The primary objective is to supply and deliver 30,000 tons of quarried stone onto government barges as defined in this SOW for the operation and maintenance of approved structures of the Missouri Riverbank Stabilization Project.

Location of Delivery Point:_________________________________________ FOB: Destination

MILSTRIP: W59XQG31573787

PURCHASE REQUEST NUMBER: W59XQG31573787

PSC CD: 5610

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

Addendum; Instructions to Offerors—Commercial Items

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:

DUNS:

TIN:

(a) Multiple Awards. The Government reserves the right to award separate contracts for CLINs 0001 and 0002 on the basis of its price evaluation. See FAR FAR 52.212-2.

(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 Ann M. Calvin at ann.m.calvin@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;

(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) N/A

(8) N/A

(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.

(d) Questions. All questions pertaining to this solicitation shall be in writing, directed to the attention of to Ann M. Calvin at ann.m.calvin@usace.army.mil . All questions shall be submitted not later than seven (7) calendar days prior to the quote 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.

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

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.

(f) 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.

(g) Small Business Subcontracting Plan A large business awardee will be required to submit a small busines subcontracting plan prior to award pursuant to FAR Clause 52.219-9. If there are no subcontracting opportunities, a large business awardee can provide evidence and request a waiver.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, 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 "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

An overall low price will be calculated after the government applies a cost factor to the quoted unit prices based on its internal cost for transportation from River Mile 627 to proposed loading areas. If the unit prices are close, the government reserves the right to award multiple contracts to preserve the industrial base.

The significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); are listed below in the relative order of importance of the evaluation factors, such as in descending order of importance.

Technical: The contractor shall submit a proposal describing the approach to be used to accomplish the contract objectives.

This proposal should address:

1. Quality of stone at identified sources that meet contract requirements. Testing and submittal of stone quality requirements identified in the Statement of Work is not required, but will be considered in evaluation of each contractor’s proposal.

1. Locations identified for delivery and loading onto government owned barges.

1. Type of equipment to be used to perform the services described in the Statement of Work (SOW).

1. Capability to perform the services described in the SOW.

1. A contingency plan in case of equipment failure or technical difficulty.

Price: The quote shall include all costs that might be incurred by the contractor during the contract such as, but not limited to, labor, travel (i.e., fuel, mileage, airfare), laboratory testing, improvements to loading locations, materials (i.e., equipment, software, etc.), licenses, insurance.

Past Performance: The contractor shall provide two (2) references of projects completed within the past five years. These references need to be similar in scope to this project requirement. Contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include point of contact, title, telephone number and email address (if available) for each reference.

Technical and Past Performance, when combined, are approximately equal to Price.

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-O0021) (JUN 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of…