Sol_W91QF4-24-B-0004 Biddle Ave Asphalt.pdf

The Government requires performance of w ork described in these documents:

1. This Solicitation is 100% Set Aside for Small Business.

2. FAR Clause 52.228-1 provides Required Bid Guarantees for this project.

3. The Magnitude of Construction is provided IAW FAR 26.204 (f) $250,000.00 and $500,000.00.

4. Site Visit (IFB) review - Reference Site Visit Provision 52.236-27 for details.

NOTICE: Bidders are responsible to routinely check referenced websites in accordance with (IAW) FAR Part 52.252-1. All Bidders must adhere to FAR Part 52.214-3 for Amendments to the solicitation and to acknowledge amendments. Failure to properly acknowledge amendments prior to hour and date specified for receipts of bids will result in bid rejection.

X

FELIPE D. ZARAGOZA 913-684-1625

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

29-Jul-2024

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 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 ______________28 Aug 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

MICC FORT LEAVENWORTH

535 KEARNY AVE.

BLDG 338

FORT LEAVENWORTH KS 66027

W91QF4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

913-684-1610FAX:TEL: 913-684-1614 TEL: FAX:

W91QF424B0004 47

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section A - Solicitation/Contract Form

BID NOTES

The word “remove” herein shall be understood to mean “remove and dispose of in a lawful manner off the installation”.

The Word “provide” herein shall be understood to mean “furnish and install”.

The term “Offeror(s) “ may be utilized interchangeably with the term “Bidders(s)” however, use of the term “Offeror” in place of “Bidder” does not constitute a material change Sealed Bidding procedures in accordnce with FAR Part 14 and/ or Evaluation Factors contained with Section “M” of this IFB.

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(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--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(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 https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was 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.

(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 124.1001.

(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) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(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) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program.

The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(9) [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)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 1 Job Asphalt Biddle Ave. Mill and Overlay

FFP

Reference SOW Section C and applicable attachments in Section J.

FOB: Destination

PSC CD: Z2LB

ESTIMATED

NET AMT

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 1 Job Bonds

FFP

Payment & Performance Bonds.

PSC CD: Z2LB

ESTIMATED

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FLEXIBLE PAVEMENT REQUIREMENTS, MISCELLANEOUS

CONSTRUCTION AND REPAIRS CONTRACT

FORT LEAVENWORTH,

KANSAS 12 June 2024

SW-1 DESCRIPTION OF WORK

1) Work to be Done: The work to be done consists of furnishing all plant, labor, equipment, and materials as well as performing all work in strict accordance with the drawings and specifications for Flexible Pavement Requirements and Miscellaneous Construction and Repairs at Fort Leavenworth, Kansas. All work performed by the Contractor shall result in a complete and functional system.

2) Incidental Work that May be Done by Others: When a building or roadway is undergoing a major renovation by another contractor the flexible pavement work may be done by the contractor doing the major renovation as part of his work. There are other requirements contracts in which line items cross, such as the Concrete Requirements, which has painting on roads also. The work above will be done by others.

SW-2 PRINCIPAL FEATURES.

2” mill and overlay of Biddle Blvd from Kansas Ave to Pope Ave. Install pavement markings. Provide traffic control as needed.

Biddle Blvd is to remain open to traffic during construction though sections of Biddle Blvd may be closed as needed to complete paving operations. A traffic control plan must be submitted to DPW for review and approval.

Estimated Quantities –

Item Unit Quantity

Milling Sq Yds 14,650

Asphalt Tons 1,650

4" Yellow Feet 9,100

18" White Feet 340

24" White Feet 100

Traffic Control LS 1

Contractor responsible for verification of quantities

SW-3 APPROVAL OF MATERIALS AND EQUIPMENT

Within 10 calendar days of receipt of Notice to Proceed, and before installation, the Contractor shall submit for approval all items listed or specified in the submittal section of each contract specification. The government has 10 days to review and return submittals once they are received. If the Contractor submits an item for reapproval, the Government has 14 days to review and return once it is received. It is acceptable for Contractor to bring submittals to the pre-construction conference to expedite work. The submittals shall be emailed to usarmy.leavenworth.acc-micc.mbx.construction@army.mil or carried directly to the addressee shown below, as directed.

1) Submittal procedures are contained in Section 01 33 00, SUBMITTAL PROCEDURES. Specific submittal requirements are contained in each section of the technical specifications. Submittals required by the CONTRACT CLAUSES and other non-technical parts of the contract are not included in this section. The Contractor shall submit one (1) digital copy of each required submittal. Only one (1) transmittal form shall be provided with each set of submittals.

2) The Government Representative may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in this section.

SW-4 INSTRUCTIONS TO BIDDERS

1) General: The Contractor shall make every effort to avoid damage to buildings and public and/or private property. When work cannot proceed without damage, it shall be brought to the attention of the Contracting Officer. The Contractor shall restore anything damaged due to the Contractor’s negligence to its original conditions at no additional cost to the Government.

2) Coordination: Before starting any work, the contractor shall coordinate said work through the Contracting Officer. Verbal notification shall be given to the Contracting Officer prior to starting work. The Contractor shall take all reasonable measures necessary to minimize the disruption of the occupants during performance of contract work.

3) Normal Working Hours: The Contractor shall schedule working hours to coincide with the working hours of the military installation, 7:30am to 4:00pm, a normal 5-day, 40 hour week, Monday through Friday, except legal holidays which include January 1st, 3rd Monday of January, 3rd Monday of February, Last Monday of May, June 19th, July 4th, 1st Monday of September, 2nd Monday of October, November 11th, 4th Thursday of November, and December 25th. The Contractor shall work on days and hours stated except as approved, in writing, by the Contracting Officer.

4) Sustainable Management of Waste: In accordance with ACSIM Memorandum dated 06 FEB 06, Subject:

Sustainable Management of Waste in Military Construction, Renovation and Demolition Activities, the contractor shall, at his/her own expense, ensure that 60% by weight of the demolition or deconstruction material or construction waste is diverted from landfill disposal. This may be accomplished through recycling, reuse of material (such as crushed concrete or asphalt), diversion (material which may be used on a future project) or waste minimization (accurate planning and ordering, proper material storage and handling, right-sizing). The Debris Recovery Statement in Attachment B outlining the amounts of diverted and disposed waste resulting in the 60% diversion shall be provided to the Directorate of Logistics/Directorate of Public Works Environmental Division. All waste reduction measures must be in full compliance of federal, state, and local regulations and in full compliance with material specifications.

All measures involving storage of material on the installation or future use of the material by the installation must be coordinated in advance with the Directorate of Logistics/Directorate of Public Works.

5) Debris and Rubbish: The contractor shall leave the work site clean and free of debris when the workday ends. The contractor shall dispose of all debris and rubbish in an off-post dump site at no additional cost to the Government per Sustainable Management of Waste defined above. The government landfill, dumpsters, or containers shall not be used for property disposal. All waste shall be disposed of in accordance with applicable Federal, State, and local laws.

6) Scrap and Salvageable Materials: The Contractor retains right, and control of scrap and salvageable material generated from Government owned facilities, by this contract. All scrap and salvaged material retained by the contractor shall be removed from the Post daily at the Contractor’s expense.

7) Workmanship: All work shall be accomplished by workers skilled in the trade involved. Workmanship shall be equal to the best practices common to the trade, and shall be governed by the International Building Code, National Electrical Code and National Electrical Safety Code. All materials, workmanship, methods, and equipment shall be to the complete satisfaction of the Contracting Officer.

8) Payments and Invoicing: Under contract clauses, Payments under the Fixed Price Construction Contracts and Prompt Payment for Construction Contracts, the contractor must submit a “proper” invoice to obtain payment. To prevent errors in preparation of invoices, along with resulting delays in payment, the contractor shall meet with the government’s Construction Representative seven (7) calendar days prior to

W91QF424B0004

submittal of an invoice and reach an agreement on the quantities and percentage of completion to be billed on the invoice.

9) Exceeding Line-Item Quantities: If line-item quantities are exceeded additional quantities may be added at the same price set at the award of the contract.

10) Price Adjustment for Asphalt Materials: The asphalt price at the contract award date will establish the Starting Asphalt Index (SAI) for the duration of the contract. The Asphalt Materials Index (AMI) is established by the Kansas Department of Transportation. The Contracting Officer will calculate the asphalt price adjustment in accordance with the KDOT Special Provision 15-01009-R01 to the Standard Specifications.

11) Price Adjustment for Emulsified Asphalt Materials: The emulsified asphalt price at the contract award date will establish the Starting Asphalt Index (SAI) for the duration of the contract. The Asphalt Materials Index (AMI) is established by the Kansas Department of Transportation. The Contracting Officer will calculate the asphalt price adjustment in accordance with the KDOT Special Provision 15- 01010 to the Standard Specifications.

SW-5 SAFETY REQUIREMENTS

1. All Contractors and their employees working on the confines of the Combined Arms Center and Fort Leavenworth (CAC&FL) will be required to abide by the safety standards outlined in:

a. Specification 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

b. Department of the Army Regulation 385-10, The Army Safety Program.

c. Department of the Army Regulation 385-40, Accident Reporting and Records.

d. CAC & FT LVN 385-1. CAC Safety Program.

2. The contractor shall submit a safety plan according to DA Pam 385-10 para 15-3 a. (d) 1., which calls for a site-specific safety program SOP as the controlling employer. The strength of this paragraph is derived by the backing of DA Pam 385-10, page 74, Table 15-1 Safety Element/Clause Quick Reference- Construction Contracts.

3. The contractor shall submit a safety plan according to DA PAM 385-10 Chapter 15 Para 15-4 c, Per the standards in paragraph 15–4a, construction contracts should include the requirement for the contractor to have a site-specific safety plan. Tailor the plan to the project based on the size and complexity of the construction project.

The strength of this paragraph is derived by the backing of Federal Acquisition Regulation (FAR) Clause 52.

4. Contractor shall submit an Accident Prevention Plan prior to start of work. Material Safety Data Sheets shall be provided when hazardous chemicals are used. The Accident Prevention Plan shall be prepared in accordance with the required and advisory provisions of COE EM-385-1-1 including Appendix A, "Minimum Basic Outline for Preparation of Accident Prevention Plan." The Safety Plan shall be prepared as required by 29 CFR 1910.120 and COE EM-385-1-1.

SW-6 INTERRUPTION OF UTILITY SERVICES

All interruptions to electrical, water or other utilities must be coordinated with the Contracting Officer. The Contractor shall notify the Contracting Office seven days prior to the disruption of utility services. Unanticipated interruptions of utilities will be reported to the Contracting Officer immediately.The Contractor shall contact Kansas One-Call for utility checks to locate all utilities within the task order construction limits.

1) The Contractor shall submit a Fort Leavenworth Utility Locate Request by email for utility checks for government owned utilities. Utilities include telephone and communication lines operated by the Network Enterprise Center (NEC), natural gas system, and electrical service lines.

2) After all utility locations or existence of any utility for the site are completed, the Contractor shall provide a copy of the summary to the Inspector for his review prior to the start of any excavation as a daily report.

3) Any damage incurred to utilities by the contractor shall be repaired at the contractor’s expense.

SW-7 CONSTRUCTION PROJECT SIGNAGE

Contractor shall provide all necessary temporary traffic control devices and signage to notify Installation personnel of construction. Temporary traffic control devices shall comply with the Manual of Uniform Traffic Control Devices (MUTCD). If during construction traffic control devices or signage are damaged due to weather, it will be the contractor’s responsibility to replace.

SW-8 RATE OF WORK PERFORMANCE

1) The completion time for each flexible pavement project may be adjusted by mutual agreement of the Government Representative and the Contractor; however, in case of a disagreement, the Government Representative will make the final decision.

2) The time allowed for submittals in SW-3 shall be in addition to the time allowed to complete work on flexible pavements.

3) Liquidated damages for each day of delay, as set out at contract clause 52.211-12 - Liquidated Damages- Construction, apply to work not completed with the time specified in individual task orders.

SW-9 STANDARD DRAWINGS

The contract standard drawings are the Ft Leavenworth Installation Civil Standard Drawings.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (FEB 2024)

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

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(c)(1) A joint venture qualifies as a small business concern if--

(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or

(ii) The protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and protege with an approved mentor-protege agreement under a SBA mentor-protege program. (See 13 CFR 125.9(d).)

(2) A joint venture qualifies as a HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).

(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

(e)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(i) The subcontractor is registered in SAM; and

(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The Contractor may confirm the representation by accessing SAM.

Section D - Packaging and Marking

PACKAGING & MARKING

D.1. SHIPPING ADDRESS

All shipments of materials, equipment and/or supplies shall be addressed to the Contractor and not to the Government. The Contractor shall retain full responsibility for the delivery and acceptance of shipments to this installation or elsewhere that are required for the completion of this contract.

D.2. PROJECT LABELING FOR OFFICIAL CORRESPONDENCE

The Government singularly identifies each Contract with a Contract number at time of award. The Contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued Contract number is to be referenced on all official communications starting upon notice of award.

D.3. PACKAGE MARKING

The packing of deliverables, containers, and packages to be delivered pursuant to the requirements of each individual Contract shall be in accordance with the instructions provided with each Contract, and shall be marked with the following information.

Contract Number (example – W91QF4-24-C-0008) Short title of contract (e.g. Biddle Avenue Mill & Overlay)

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE

E.1. QUALITY CONTROL

When the Contractor is ready for final inspection; they shall request final inspection in writing to their assigned DPW Inspector. The final inspection shall be requested a minimum of two (2) work days prior to desired final inspection date. Prior to a request for final inspection, the Contractor's Quality Control (QC) representative shall conduct an inspection and insure that all work has been completed and is in compliance with all Contract documents. The Contractor’s QC representative will provide a copy of their inspection report to the Government’s Inspector with a copy of the status of deficiency correction, if applicable.

E.2. INSPECTION PHASES

In the event there are phases of work that will cover or mask a contractor’s work, it is the sole responsibility of the contractor to ensure acceptance of that phase of work prior to continuance of the follow-on phase of work. Should the contractor disregard this information, they may be subject to the Contracting Officer’s discretion to tear out or remove the covered or masked work completed prior to allow for Government inspection. Should corrections by the contractor be required, the costs for removal and re-installation of the work will be the responsibility of the contractor.

(e.g. drywall installed that covers electrical wiring prior to Government inspection would then have to be removed for Government inspection and subsequently re-installed by the contractor at their costs if the wiring contained deficiencies)

E.3. INSPECTION AND ACCEPTANCE

The Contractor’s representative(s) shall be present during final inspection. Any discrepancies noted will be corrected within the time specified by the Contracting Officer or their designated representative and prior to final payment.

Inspection and Acceptance point will be at destination specified in each Contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-SEP-2024 TO

13-MAY-2025

N/A DIRECTORATE OF PUBLIC WORKS

LVDPW WOLK JAMES

CONTRACT ADMIN

BLDG 85 820 MCCLELLAN AVE

FORT LEAVENWORTH KS 66027

913-684-8908

W90F2S

0002 10 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

W90F2S

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the completion days specified within the award delivery schedule. The time stated for completion shall include final cleanup of the premises.

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

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $351.45 for each calendar day of delay until the work is completed or accepted.

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

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

W90F2S – Construction

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W91QF4

Admin DoDAAC** W91QF4

Inspect By DoDAAC W90F2S

Ship To Code W90F2S

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contract Specialist – Chester L. Serviora – chester.l.serviora.civ@army.mil – 913-684-1643

Section H - Special Contract Requirements

LOCAL INSTRUCTIONS

SPECIAL CONTRACT REQUIREMENTS

a. The Army…