Solicitation-W912DR22Q0061 Jennings Randolph Lake Paving.pdf

SEE ADDENDUM

(No Collect Calls)

W912DR22Q0061 17-Aug-2022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

05:00 PM 01 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DR9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERICA J STINER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, BALTIMORE

2 HOPKINS PLAZA

BALTIMORE MD 21201

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912DR 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE, BALTIMORE, JENNINGS RANDOLPH LAKE

KENNETH FERNANDEZ

1700 JENNINGS RANDOLPH LANE

ELK GARDEN WV 26717

TEL: (304) 355-2346 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$39,500,000

NAICS:

237310

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

X EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

Offers shall be prepared in accordance with these instructions, providing all required information in the specified format. Official submission will be documented in accordance with the date and time stamp of the email submission.

Quotes shall be submitted via email ONLY to Ms. Erica Stiner at erica.j.stiner@usace.army.mil by 1 September 2022 at 5:00 PM EDT.

Questions concerning this solicitation must be submitted by email (erica.j.stiner@usace.army.mil) no later than 24 August 2022 at 5:00PM EDT. This will allow responses to be posted on SAM.gov prior to solicitation closing.

Offerors are responsible for checking for any amendments to the solicitation at SAM.gov.

For the benefit of offerors, a site inspection is mandatory. To arrange for an inspection on site prior to submitting a quote, contact the Operations Project Manager, at (304) 355-2346.

The offer will be evaluated to ensure all the items below are provided:

Cover Letter on Offeror’s letterhead. Letter shall summarize the pricing total and include Offeror specific details such as Cage Code, Tax ID#, and UEI #. Letter shall be signed by the representative managing the account.

The Government will award a firm-fixed-price (FFP) contract to the responsible offeror whose offer conforms to the requirements as stated in this request for quotation (RFQ). The award will be made based on the following three (3) evaluation factors: Technical, Past Performance, and Price. All small business offerors who receive an acceptable rating for the above Factors, the lowest price offeror will be selected for award.

1. Proposal Submission Instructions

The written proposal shall consist of two separate volumes: a technical proposal and a price proposal. Note: The technical proposal shall not contain any pricing information.

a) Volume 1: Technical Submissions should be limited to 5 pages to include a table of contents and cover page.

Text should be at least size 12 font, single spaced. Font limitations do not apply to charts, tables, and figures, but font must be legible.

i) Factor I: Technical: Offeror shall provide sufficient detail to support the proposed statement of work and show they can realistically meet the requirement. The contractor shall describe their plan to provide the necessary equipment, personnel, and other resources and their availability to meet the scheduled work requirements.

ii) Factor II: Past Performance: Past performance refers to the quality of recent project experience from the customer’s perspective. The offeror shall provide (3) Past Performance Questionnaires from references for similar work completed in the last five

(5) years. The Offeror shall arrange for the reference customer point of contact to complete the Past Performance Questionnaire ((PPQ) attachment A). The questionnaires must be forwarded directly by the references to Erica Stiner, Contract Specialist, at erica.j.stiner@usace.army.mil. Ensure that the PPQ sections 1 to 4 are completed before giving the form to references. The Government will not release the questionnaire forms to the Offeror at any time, for the Government to solicit candid, unbiased responses, and comments.

In addtion, the Offeror shall demonstrate recent, relevant experience on similar projects as specified in the performance work statement. If the Offeror is a joint venture, each firm shall demonstrate experience on similar projects. The Government may use data in the Government’s Past Performance Information Retrieval System (PPIRS) and other resources to determine past performance acceptablility.

b) Volume 2: Price

i) The Price Proposal shall be provided separately from the technical proposal.

ii) Volume 2 should include any explanations or assumptions associated with the technical aspects of completing the work.

iii) Pricing shall be provided on a firm-fixed basis according to the contract line item numbers

(CLIN) to meet the requirements of the statement of work to be completed. The contractor is responsible for all labor, material, equipment, permits, and other resources required to perform the work. Include the attached Quote Sheet (attachment B).

iv) The following elements shall be addressed in the price proposal for CLIN:

(1) Direct Cost:

(a) Labor

(b) Equipment and Material Costs

(c) Other Direct Costs such as permits and travel

(2) Proposed profit

The following adjectival ratings will be assigned to the Technical factor are:

RATING DESCRIPTION

Acceptable Offer clearly meets the minimum requirements of the solicitation by submitting Technical, Past Performance examples or PPQ, Government issued Quote Sheet.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation by failing to submit ALL required documents and information.

The following adjectival ratings will be assigned to the Past Performance are:

RATING DESCRIPTION

ACCEPTABLE Past performance references and /or

PPQ have satisfactory ratings and clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Past performance references and/ or PPQ has unsatisfactory ratings and clearly does not meet the minimum requirements of the solicitation.

NEUTRAL No past performance submitted.

2. Discussions

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

QUOTE SCHEDULE

QUOTATION SCHEDULE

Paving services

Jennings Randolph Lake, WV & MD

CLIN DESCRIPTION QUANTITY UNIT PRICE

0001 The Contractor will provide all equipment, materials, and labor to pave:

Portion A the fishing area parking lot and access road approx. 850 square yards 3” HMA of 19.00 mm material. Some slight grading will be needed on this portion.

Portion B - The RWCC Campground Access Road approx. 10,615 square yards 3” HMA of 19.00mm material tack and pave with 3 each speed bumps installed. This section will also need two yellow reflective center lines painted.

Portion C - Place approx. 62 square yards 19.00 mm of material at the edge of the lot approx. 100 feet from the entrance station. Some milling will be required on this portion.

Portion D - Tack and pave dump station loop road approx. 655 square yards 12.5mm material 2”

HMA.

1 JOB $U.S.

TOTAL $

QASP

Quality Assurance Surveillance Plan (QASP) Jennings Randolph Lake – RWCC Access Rd and Dike Paving Contract

1. INTRODUCTION:

1.1. Purpose: The role of the government in quality assurance is to ensure contract standards are achieved. The purpose of the QASP is to identify the methods and procedures the government will use to evaluate contractor actions while performing the requirements in the contract specifications. It is designed to provide an effective surveillance method by monitoring contractor performance for each service listed in the contract specifications for the subject contract.

1.2. The QASP provides a systematic method to evaluate the services the contractor is required to provide. The

QASP is based on the premise that the government desires to maintain a high-quality standard for services for which it has contracted.

1.3. This QASP has been developed by the requiring activity, Jennings Randolph Lake Project. It is designed to provide direction to personnel performing “on the ground” contract administration and quality assurance.

Personnel monitoring the contract terms, conditions, and specifications will periodically review the QASP throughout the life of the contract.

2. ROLES AND RESPONSIBILITIES:

2.1. Contracting Officer Representative (COR). The COR is responsible for quality assurance guidance and to ensure that contract quality requirements, specifications, standards, and thresholds are defined, practical, enforceable, necessary, and verifiable.

2.2. The COR evaluates and documents contractor performance in accordance with the QASP and contract specifications. The COR will utilize Quality Assurance Evaluators (QAE) to perform the hands-on day to day quality surveillance of the contractor. QAE’s are nominated by the COR, subject to Contracting Officer approval and designation. COR’s may utilize other surveillance support personnel as authorized in AR 70-13.

2.3. The COR informs the contractor of the names, duties, and limitations of authority for all quality assurance personnel assigned to the contract.

2.4. The COR notifies the Contracting Officer of any significant performance deficiencies.

2.5. The COR maintains surveillance documentation and recommends improvements to the QASP throughout the life of the contract.

2.6. Contracting Officer (KO). The Contracting Officer is responsible to safeguard the interests of the United States in contractual relationships. Only the contracting officer is authorized to bind the government and then, only to the extent of the authority delegated to them through the issuance of a warrant.

2.7. The KO delegates authority for inspection and/or acceptance in accordance with terms of the contract.

3. DESCRIPTION OF SERVICES:

Scope of Work. The Contractor will provide all equipment, materials, and labor to pave portion A (the dike fishing area parking lot and access road) approx. 850 square yards of 3” HMA 19.00mm material. Some slight grading will be needed on portion A. Portion B (The RWCC Campground Access Road) approx. 10,615 square yards of 3” HMA 19.00mm material tack and install three paved speed bumps. This section will also need two painted, reflective, yellow center lines. At portion C (widened section of Entrance Station Parking Lot) place approx. 62 square yards of 19.00mm material at the edge of the lot approx. 100 feet from the entrance station. Some milling will be required on portion C. At section D (dump station loop road) tack and pave dump station loop road approx. 655 square yards of 12.5mm material 2” HMA.

4. QUALITY REQUIREMENTS:

4.1. Quality Control Program. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract.

4.2. The quality control program is the driver for quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program, discussed and agreed to at the beginning of the contract, provides the measures needed to lead the contractor to success.

4.3. Once the quality control program is accepted, careful application of the process and standards presented in the remainder of this document will ensure a consistent quality assurance program.

5. SURVEILLANCE:

5.1. Surveillance Schedule. The Contracting Officer Representative (COR) will work with assigned quality assurance evaluators to develop a surveillance schedule. Changes to the surveillance schedule will be discussed in advance with COR. Surveillance documentation will be kept in the official electronic contract file and/or the official hardcopy contract file.

a) Surveillance Methods. This QASP will incorporate 100% inspections as the approach to ensure the contractor complies with the contract requirements. Re-performance is the preferred method of correcting any unacceptable performance.

b) Validated Customer Complaint. This contract will be inspected for quality assurance using the validated customer complaint surveillance method. Anyone who observes unacceptable services, either incomplete or not performed, should immediately contact the COR. The COR will investigate to determine the validity of the complaint. If the COR determines the complaint to be valid, the COR will document the findings and notify the customer and the contractor. The COR will retain a copy of the written complaint for the government’s files. If the complaint is valid, the contractor will be given the opportunity to correct the defect.

c) 100% Inspection: 100% inspection will be utilized for this contract and will be noted as follows: 100% inspections will be utilized for all projects. This type of surveillance overrides periodic surveillance. However, validated customer complaints are still utilized. Under the 100% surveillance method all contract performance requirements are inspected for quality assurance at every occurrence within the contract schedule.

d) Surveillance Team. The surveillance team consists of the following key players:

Contracting Officer Representative, Contracting Officer, Contract Administrator, and Quality Assurance Evaluators.

e) Unacceptable Performance. If the number of complaints/defects exceeds the performance threshold for any requirement, the COR will determine the possible cause of this unacceptable performance. Government-caused complaints/defects shall not be counted against the contractor. The same applies to any other requirement of the contract when Government-caused complaints/defects are the cause of unacceptable contractor performance. If the contractor’s performance is judged unacceptable by the COR for any requirement, the COR will inform the contractor’s on-site representative, and request acknowledgement of the unacceptable performance. Unacceptable performance will normally result in the contractor being required to re-perform the unacceptable work. If the work is not able to be re-performed according to specification, the COR will consult with the Contracting Officer to determine the appropriate resolution. If the contractor disputes the results of surveillance, the COR must refer the contractor to the contracting officer for resolution.

f) Revisions. Revisions to this QASP are the responsibility of the requiring activity.

However, because of partnering with the contractor, surveillance checklists may be revised jointly by COR personnel and contractor personnel. The Contracting Officer must approve any revisions that are significant enough in nature to impact the quality expectations of the contractor.

6. PERFORMANCE REQUIREMENTS SUMMARY (PRS): This summary identifies critical success factors for the contract. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to inspect all services called for in the contract to determine whether the performance objectives and goals were met. The Performance Requirements Summary is an integral part of the QASP.

Performance Objective

Performance Standard

Performance Threshold

Disincentive

Incentive

Paving of four specified areas of project.

Work completed in accordance with the Statement of Work

Total completion of all work specified in the Statement of Work in compliance with applicable standard specified by COR

20% of invoice deduction or re-performance for failing to meet the performance threshold

Full payment of invoice

Report Submittals Required reports/invoices are submitted within designated timeframe

Required reports/invoices are submitted within designated time frame 95% of the time

5% deduction from invoice for failure to meet the performance threshold

Full payment of invoice

Safety Maintained during operations

No accidents or incidents due to contractor’s failure to take safety precautions

No accidents or incidents due to contractor’s failure to take safety precautions

5% deduction from invoice for safety violation.

Full payment of invoice

Environmental Protection

Comply with requirements for erosion and sediment controls

Comply with regulations for erosion and sediment controls

5% deduction from invoice for violation.

Full payment of invoice

*The absence of any contract requirement from the PRS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract including the clauses entitled “Inspection of Services” and “Default”. *

6.1. Performance Evaluation and Re-Performance. Performance of a service will be evaluated to determine whether it meets the performance threshold. Reperformance is the preferred method of correcting any unacceptable performance. The contractor shall provide the

Government written or verbal response because the performance threshold was not met and how performance will be returned.

CONTRACTING OFFICER STATEMENT

The primary Contracting Officer (KO) for this action is Cheryl Williams, however, any KO holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. Only a warranted KO, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the KO attempts to make changes to the terms and conditions of this contract the contractor shall not proceed with the change and shall immediately notify the KO.

STATEMENT OF WORK

I. STATEMENT OF WORK

Robert W. Craig Camopground (RWCC) Access Rd and Dike Paving Contract, Jennings Randolph Lake Project, Elk Garden, West Virginia and Garrett County, Maryland, Baltimore District, U.S. Army Corps of Engineers.

1 Statement of Work: The Contractor will provide all equipment, materials, and labor to pave portion A (the dike fishing area parking lot and access road) approx. 850 square yards of 3” HMA 19.00mm material. Some slight grading will be needed on portion A. See figure A for details. Portion B (The RWCC Campground Access Road) approx. 10,615 square yards of 3” HMA 19.00mm material tack and install three paved speed bumps. This section will also need two painted, reflective, yellow center lines. See figure B for details. At portion C (widened section of Entrance Station Parking Lot) place approx. 62 square yards of 19.00mm material at the edge of the lot approx. 100 feet from the entrance station. Some milling will be required on portion C. See figure C for details. At section D (dump station loop road) tack and pave dump station loop road approx. 655 square yards of 12.5mm material 2” HMA. See figure D for details.

1.1 Location: Jennings Randolph Lake is in Garrett County, Maryland and Mineral County, West Virginia, on the North Branch Potomac River, and is 7.9 miles upstream from the mouth of Savage River. Portion A is located at the Dike Fishing Access Area in Garrett County, Maryland. Portions B – D are in the Robert W. Craig Campground in Mineral County, West Virginia.

II. SPECIAL CONDITIONS

2 Site Inspections: For the benefit of offerors, a site inspection is mandatory prior to submitting a quote. To arrange for an inspection on site, contact the Operations Project Manager, at (304) 355-2346.

2.1 Commencement of Work: All work will commence within October 1, 2022, and December 1, 2022, that needs to be done on the project grounds. The start date will be coordinated with the Operations Project Manager or Head Dam Operator.

2.2 Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding national holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Project Manager, Jennings Randolph Lake Project.

2.3 Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Operations Project Manager or the Head Dam Operator. The Contractor shall hold and save the Government, its officers, and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

2.4 Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulation of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government.

2.5 Environmental Protection: The Contractor is required to comply with all Federal, State, and Local environmental regulations.

2.6 Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State, and Local laws and regulations and shall comply with any subsequent changes.

2.7 Superintendent: The Contractor shall act as or provide a Superintendent who is responsible for quality control whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and is the central point of contact with the Government for performance of all work under this contract.

The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire contract. Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the designated technical point of contact, for the normal day to day administration of the contract provisions.

Superintendent will be required to attend pre-work conference prior to commencing work under this contract.

2.8 Project Operation: Jennings Randolph Lake is a flood control project and the Contractor’s access to the work area and the execution of the requirements specified herein shall not interfere with the daily operations of the dam or employees. It is the responsibility of the Contractor to coordinate all work with the Operations Project Manager or the Head Dam Operator.

III. SPECIFICATIONS

3 General: The Contractor will provide all equipment, materials, and labor to pave:

3.1 Portion A (the dike fishing area parking lot and access road) approx. 850 square yards of 3” HMA 19.00mm material. Some slight grading will be needed on portion A. See figure A in attachment C for details.

3.2 Portion B (The RWCC Campground Access Road) approx. 10,615 square yards of 3” HMA 19.00mm material tack and install three paved speed bumps. This section will also need two painted, reflective, yellow center lines. See figure B in attachment C for details.

3.3 Portion C (widened section of Entrance Station Parking Lot) place approx. 62 square yards of 19.00mm material at the edge of the lot approx. 100 feet from the entrance station. Some milling will be required on portion C. See figure C in attachment C for details.

3.4 Portion D (dump station loop road) tack and pave dump station loop road approx. 655 square yards of

12.5mm material 2” HMA. See figure D in attachment C for details.

3.4 The contractor will be responsible for coordinating the work schedule with the Operations Project Manager or his representative and be required to maintain access to all areas for public and government use.

3.6 The contractor shall verify all locations and existing site conditions with project staff before ordering materials or mobilizing.

3.7 The contractor shall be responsible for all demobilization to include removal of equipment, trash, and debris related to project construction and dispose of offsite.

OPSEC

SECURITY

Access and General Protection/Security Policy and Procedures.

A.1 All contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

A.2 All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Pre-screen candidates using E-Verify Program.

A.3 The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award."

SAFETY

SAFETY

A.1 Accident Prevention Plan: The Contractor shall develop and submit a written detailed Accident Prevention plan. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year will accompany the plan. The plan shall show how the Contractor intends to perform all services in full compliance with the safety requirements set forth in EM 385-1-1, Appendix A.

This plan will be submitted no less than fourteen (14) days prior to the beginning of the Contractor’s on-site start date. A signed letter of certification which references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year of applications. All plans, or subsequent revisions, must be acceptable to government before the work commences.

A.2 Safety Officer: The Contractor shall designate a Contract Employee to be responsible for overall supervision of accident prevention activities. Such duties shall include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

A.3 Accident Prevention: In performing this contract, the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1, and shall comply with any subsequent changes. The Corps of Engineers Safety and Health Requirement Manual 385-1-1 may be found on the World Wide Web: https://www.usace.army.mil/Missions/Safety-and-Occupational- Health/Safety-and-Health-Requirements-Manual/

A.4 Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. If so instructed, the Contractor shall complete forms furnished, and/or provide a written description of the incident within 24 hours of notification to do so.

MEASUREMENT & PAYMENT

MEASUREMENT AND PAYMENT

1. General: Measurement and payment shall be made on a lump-sum basis upon the satisfactory completion of work.

Payment shall constitute full compensation for providing all labor, equipment, materials, supplies, tools, and incidentals required to fulfill all the requirements of this contract.

2. Upon satisfaction of the contract, the Contractor shall submit and Invoice(s) for payment to:

Original Invoice Forwarded to:

U.S. Army Corps of Engineers Jennings Randolph Lake Project PO Box 247 Elk Garden, WV 26717

Payment will be made by:

USACE Finance Center ATTN; EFT/Disbursing 5720 Millington, TN 38054-5005

2.1 The Invoice should be submitted within five calendar days after notification of acceptance of work. Invoice must provide:

(a) Contractor’s name and mailing address

(b) Contract/Purchase Order Number

(c) Date prepared

(d) Itemized costing where applicable

2.2 Questions regarding preparation and forwarding of invoice maybe directed to the Jennings Randolph Lake Office, telephone: (304) 355-2346.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Robert W Craig Campground Area Paving

FFP

All costs in connection with improvements to the Robert W Craig Campground areas at Jennings Randolph Lake in accordance with the Statement of Work and all other applicable sections.

FOB: Destination

PSC CD: Y1LB

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2022 TO

30-APR-2023

N/A USACE, BALTIMORE, JENNINGS

RANDOLPH LAKE

KENNETH FERNANDEZ

1700 JENNINGS RANDOLPH LANE

ELK GARDEN WV 26717

(304) 355-2346 FOB: Destination

W912DR

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-6 Unique Entity Identifier OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 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)).

(2) 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).

(3) 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).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment…