Solicitation W912EK26QA015 River Birch Road Asphalt Paving.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME

7. FOR SOLICITATION

►INFORMATION CALL: CARRIE HOLUB

9. ISSUED BY CODE W912EK

W07V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

CARRIE HOLUB, EMAIL: CARRIE.L.HOLUB@USACE.ARMY.MIL TELEPHONE:

309-794-5667

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

IRl SEE SCHEDULE

15. DELIVER TO CODE

SEE CONTINUATION

17a. CONTRACTOR/ GODEi I FACILITY

OFFEROR CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19. 20.

ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES

SEE CONTINUATION

DATE

W912EK26QA015 13 MAR 2026

b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ calls) LOCAL TIME

27 MAR 2026

309-794-5667

02:00 PM

10. THIS ACQUISITION IS □ UNRESTRICTED OR � SET ASIDE: 100 % FOR:

� SMALL BUSINESS □

WOMEN-OWNED SMALL ---

NORTH AMERICAN

BUSINESS (WOSB)

□ HUBZONE SMALL INDUSTRY CLASSIFICATION

BUSINESS ECONOMICALLY STANDARD (NAICS):

SERVICE-DISABLED □ DISADVANTAGED 237990

VETERAN-OWNED WOMEN-OWNED SMALL SIZE STANDARD:

BUSINESS (EDWOSB) SMALL BUSINESS

(SDVOSB) 8(A)

13a. THIS CONTRACT IS A

□ RA TED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

18a. PAYMENT WILL BE MADE BY

USD 45,000,000.00

13b. RATING

14. METHOD OF SOLICITATION REQUEST

REQUEST INVITATION FOR

�FOR QUOTE □ FOR BID □PROPOSA

(RFQ) 0FB) (RFP)

CODE I

CODE I

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

BELOW IS CHECKED □ SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

SEE CONTINUATION

IR] 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

IRl ARE □ ARE NOT ATTACHED

□ ARE □ ARE NOT ATTACHED

L

□28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN □ 29. AWARD OF CONTRACT: REFERENCE OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ---

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE CONTINUATION

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA- FAR (48 CFR) 53.212

Solicitation/Contract Form Continuation

Instrument Name: River Birch Road Asphalt Paving

INSTRUCTIONS TO QUOTERS

1. Complete Block 14 on the SF1442 - Enter Name, Address, and Current Phone Person to Contact Regarding Quote.

2. If amendments to this solicitation are issued, they must be acknowledged, eithe of the SF1442, or on each amendment individually.

3. Note the instructions at Clause 52.212-2 - Evaluation - Commercial Products an Commercial Services (Feb 2026) (Deviation). Offerors are required to submit one past project within the last three (3) years of this solicitation closing date that is sim requirement.

4. Quotes shall be emailed to Contract Specialist, Carrie Holub (carrie.l.holub@us with the following subject: "W912EK26QA015 - River Birch Road Asphalt - (Comp NO HARD COPY QUOTES WILL BE ACCEPTED. It is the responsibility of the off that their offer has been received and is legible.

5. Quoters shall provide a total price for the project include all costs.

6. Quoters shall provide the entire solicitation filled out completely and legible in re this action.

7. Quoters must be current in their registration in the System for Award Managem Database before a Government Contract award can be made. https://www.sam.g

8. Quotes submitted in response to this solicitation should include best and final p with relevant experience, and conform to the solicitation, performance work statem specifications of the requirement.

*** END OF NARRATIVE ***

W912EK26QA015

Number of r in Block 19 d

(1) relevant ilar to this ace.army.mil) any Name)."

eror to verify sponse to ent (SAM) ov.

rice quote ent, and

U.S Army Corps of Engineers Rock Island District

PERFORMANCE WORK STATEMENT

River Birch Road Repaving

Thomson Causeway Recreation Area

Line Item Description Estimated

Quantity Unit Unit Price Price

Mill Existing Asphalt Pavement, Stockpile

Millings

165 CY $ $

002 Apply Tack Coat 3,580 SY $ $

003 Place Hot Mix Asphalt (HMA) Pavement 200 CY $ $

004 Density Testing 1 LS $ $

Total Price $

1. Objective: The U.S. Army Corps of Engineers (USACE), Rock Island District requires a contract for the services of a Contractor to conduct the milling of existing asphalt pavement, the stockpiling of millings, and the placement of Hot Mix Asphalt (HMA) pavement and tack coat for the repaving of River Birch Road to the River Birch Campground at the USACE Thomson Causeway Recreation Area.

Project Site Address:

USACE Thomson Causeway Recreation Area 100 Lewis Avenue Thomson, IL 61285

2. Scope of Work: The project work includes the following: milling of existing asphalt road pavement, stockpiling of millings, stripping of sod and topsoil, excavation of subgrade, placement and compaction of asphalt millings, placement and compaction of aggregate base, placement of aggregate shoulders, placement of riprap, and placement of HMA pavement and tack coat. The Contractor’s project work includes the milling of the existing asphalt road pavement, the stockpiling of millings, and the placement of HMA pavement and tack coat. The Government will conduct all other project work.

3. Period of Performance: The Contractor’s total contract duration will be 60 calendar days. The Contractor’s project work is to be completed as follows.

W912EK26QA015

PERFORMANCE WORK STATEMENT

a. Complete the milling of the asphalt road and stockpiling of the millings within 14 calendar days from contract Notice to Proceed or once weather is favorable for the placement of asphalt.

b. Complete the placement of HMA pavement within 21 calendar days from Government notification or once weather is favorable. The Government will provide notification 21 calendar days from the completion of the asphalt road milling.

c. All work should be completed and the road considered usable by May 1st, 2026

4. Description of Contractor Work: The Contractor is to furnish all material, equipment, and labor for the required Contractor work indicated within the project plans and specifications and as described herein.

a. Mill approximately 4” of existing asphalt pavement as indicated on the project plans and within the project specifications. Mill the pavement to completely remove the existing asphalt down to the underlying aggregate base course.

Stockpile millings in coordination with the Government.

b. After the Government has prepared the road’s aggregate base course, apply tack coat to the aggregate base course prior to the placement of the HMA binder course. Clean the aggregate base course surface and apply tack coat as indicated within the project specifications.

c. Place and compact 2.5” of HMA binder course. HMA mixture and placement to be as indicated within the project specifications.

d. Perform density tests on the HMA binder course as indicated within the project specifications and provide test results to the Government.

e. Apply tack coat to the placed HMA binder course prior to the placement of the HMA surface course. Clean the binder course surface and apply tack coat as indicated within the project specifications.

f. Place and compact 1.5” of HMA surface course. HMA mixture and placement to be as indicated within the project specifications.

g. Perform density tests on the HMA binder course as indicated within the project specifications and provide test results to the Government.

h. Perform site restoration to clean the project work area of any Contractor trash and debris.

i. Quantities listed by the government are estimates, contractor should verify and bid according to their own estimates.

5. Security:

General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters

W912EK26QA015

shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements;

all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the contracting file.

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity

0001 River Birch Road Asphalt Paving at 1

USAGE Thomson Causeway Recreation

Area. See Performance Work Statement, Specifications, and Quality Assurance

Surveillance Plan for additional information on requirement.

Pricing Arrangement: Firm Fixed Price

Unit Unit Price

Job

W912EK26QA015

Amount

Continuation of Description

Requirements

W912EK26QA015

The United States Army Corps of Engineers (USACE) - Rock Island District has a service requirement to conduct the milling of existing asphalt pavement, the stockpiling of millings, and the placement of Hot Mix Asphalt (HMA) pavement and tack coat for the repaving of River Birch

Road to the River Birch Campground at the USACE Thomson Causeway Recreation Area. See

Performance Work Statement (PWS), Specifications, and Quality Assurance Surveillance Plan for additional information on requirement.

Product Service Code : Y1 NE

North American Industry Classification System (NAICS) : 237990

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination

W912EK26QA015

Instructions: Inspection and Acceptance will be in accordance with the Performance Work Statement (PWS), Specifications, and Quality Assurance Surveillance Plan

(QASP).

DoDAAC: W912EK CountryCode: USA

W0?V ENDIST ROCK ISLAND

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL

ROCK ISLAND, IL 61299-5001

UNITED STATES

Allison Borkowski Email: allison.m.borkowski@usace.army.mil Telephone: 5632020435

Continuation of Deliveries or Performance

0001 Delivery Schedule

Delivery Required On

Delivery Date 01 May 2026

Quantity 1 Job

Address and POC

Service Performance Site

DoDAAC: W912EK

CountryCode: USA

W07V ENDIST ROCK ISLAND

W912EK26QA015

KO CONTRACTING DIVISION, 1 ROCK ISLAND ARSENAL ROCK ISLAND, IL

61299-5001 UNITED STATES

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Alternate Variation

Date Deviation Effective

Date

52.203-19 Prohibition on Requiring Certain Internal 2017-01

Confidentiality Agreements or Statements.

52.204-13 System for Award Management- 2026-02

Maintenance. (Deviation)

52.219-6 Notice of Total Small Business Set-Aside. 2026-02

(Deviation)

52.222-35 Equal Opportunity for Veterans. (Deviation) 2026-02

52.222-37 Employment Reports on Veterans. 2026-02

(Deviation)

52.222-44 Fair Labor Standards Act and Service 2026-02

Contract Labor Standards-Price

Adjustment. (Deviation)

52.222-50 Combating Trafficking in Persons. 2026-02

(Deviation)

52.222-55 Minimum Wages for Contractor Workers 2026-02

Under Executive Order 14026. (Deviation)

52.226-8 Encouraging Contractor Policies to Ban 2024-05

Text Messaging While Driving.

52.232-33 Payment by Electronic Funds Transfer- 2018-10

System for Award Management.

52.232-40 Providing Accelerated Payments to Small 2023-03

Business Subcontractors.

52.233-3 Protest after Award. (Deviation) 2026-02

52.233-4 Applicable Law for Breach of Contract

Claim. (Deviation)

DFARS Clauses Incorporated by Reference

Number Title

252.203-7000 Requirements Relating to

Compensation of Former DoD

Officials.

252.203-7002 Requirement to Inform Employees of

Whistleblower Rights.

252.204-7012 Safeguarding Covered Defense

Information and Cyber Incident

Reporting. (DEVIATION 2024-00013

REVISION 1)

252.204-7018 Prohibition on the Acquisition of

Covered Defense

Telecommunications Equipment or

Services.

252.223-7008 Prohibition of Hexavalent Chromium.

252.225-7056 Prohibition Regarding Business

Operations with the Maduro Regime.

252.232-7003 Electronic Submission of Payment

Requests and Receiving Reports.

252.232-7010 Levies on Contract Payments.

FAR Clauses Incorporated by Full Text

Number Title

2026-02

Effective

Date

2011-09

2022-12

2024-05

2023-01

2023-01

2023-01

2018-12

2006-12

W912EK26QA015

Alternate Variation

Deviation Effective

Date

Deviation 2024-05

2024-

00013

Effective Alternate Variation

Date Deviation Effective

Date

52.212-4 Terms and Conditions-Commercial

Products and Commercial Services.

(Deviation)

2026-02

W912EK26QA015

Terms and Conditions-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

W912EK26QA015

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

( 1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

G) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination for the Govemment's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;

41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

( s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341 ), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title

52.209-10 Prohibition on Contracting With Inverted

Domestic Corporations. (Deviation)

52.222-6 Construction Wage Rate Requirements.

(Deviation)

52.223-23 Sustainable Products. (Deviation)

52.240-91 Security Prohibitions and Exclusions.

(Deviation)

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation)

DFARS Clauses Incorporated by Reference

W912EK26QA015

Effective Alternate Variation

Date Deviation Effective

2026-02

2026-02

2026-02

2026-02

2026-02

Date

Number Title Effective Alternate Variation

Effective Date

252.201-7000 Contracting Officer's

Representative.

252.236-7000 Modification Proposals-

Price Breakdown.

FAR Clauses Incorporated by Full Text

Number Title

52.228-13 Alternative Payment

Protections.

Date Deviation

1991-12

1991-12

Effective

Date

2000-07

Alternate

Deviation

Variation

Effective Date

Alternative Payment Protections (July 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC)

W912EK26QA015

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

52.252-2 Clauses Incorporated by

Reference.

1998-02

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

https://www.acquisition.gov

(End of clause)

DFARS Clauses Incorporated by Full Text

Number Title Effective Alternate

Date Deviation

Variation

Effective Date

252.236-7001 Contract Drawings and

Specifications.

2000-08

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

W912EK26QA015

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

( 1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b ); and

(5) Reproduce and print contract drawings and specifications as needed.

( c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

(End of clause)

List of Contract Documents, Exhibits, or Attachments

Attachments

W912EK26QA015

Attachment 0001 - Mississippi River Basin Thompson Causeway Recreational Area Thompson, IL River Birch Road Repaving Specifications

Attachment 0002 - Quality Assurance Surveillance Plan (QASP)

*** END OF NARRATIVE ***

Solicitation Provisions

FAR Provisions Incorporated by Reference

Number Title

52.204-7 System for Award Management

Registration. (Deviation)

DFARS Provisions Incorporated by Full Text

Effective Alternate

Date Deviation

2026-02

W912EK26QA015

Variation

Effective Date

Number Title Effective Alternate Variation

252.204-7017 Prohibition on the Acquisition of

Covered Defense Telecommunications

Equipment or Services-Representation.

Date Deviation Effective

Date

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offerer is not required to complete the representation in this provision if the Offerer has represented in the provision at 252.204-7016, Covered Defense Telecommunications

Equipment or Services-Representation, that it "does not provide covered defense 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."

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the

Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offerer shall review the list of excluded parties in the System for Award

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offerer has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense

Telecommunications Equipment or Services-Representation, that it "does" provide covered defense 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, then the Offerer shall complete the following additional representation:

The Offerer represents that it [ ] will [] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to Do□ in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offerer has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offerer shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered

(include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services

(include entity name, unique entity identifier, and Commercial and Government Entity

(CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.225-7000 Buy American--Balance of Payments

Program Certificate.

2024-02

W912EK26QA015

BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (FEB 2024)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "critical component," "critical item," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments

Program-Basic clause of this solicitation.

(b) Evaluation. The Government-

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the

Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the Offerer certifies that-

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offerer shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(2) The Offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offerer shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Line Item Number

Domestic Content (yes/no)

Country of Origin (If known) Exceeds 55%

(4) The Offerer shall separately list the line item numbers of domestic end products that contain a critical component or a critical item (see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number

[List as necessary]

Evaluation - Commercial Products and Commercial Services

FAR Provisions Incorporated by Full Text

Number Title

52.212-2 Evaluation-Commercial Products and

Commercial Services. (Deviation)

Effective Altemate Variation

Date Deviation Effective

Date

2026-02

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offerer whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Evaluation Criteria and Methods

Quotes will be evaluated as lowest price technically acceptable (LPTA) including one technical experience factor and a price factor.

Technical: For evaluation of experience, provide documentation of one (1) relevant past project within the last three years of this solicitation closing date that is similar to this requirement. If more than one project is submitted, only the most recent project will be evaluated. Your submitted project will be evaluated for RECENCY and RELEVANCY to this requirement and given a rating of ACCEPTABLE or UNACCEPTABLE as defined below.

The past project must be included as a Word or PDF attachment to your quote.

Price: Award will be made to the lowest price offer that has been found technically acceptable.

Definitions:

RECENCY is defined as a project completed within the last three (3) years of the solicitation closing date.

RELEVANCY is defined as a project including the milling of existing asphalt pavement, stockpiling of millings, and placement of Hot Mix Asphalt (HMA) pavement and tack coat of similar size as the those in the performance work statement for this solicitation.

ACCEPTABLE: A relevant project submitted that has been completed within three (3) years from date of solicitation closing will be found to meet the minimum requirements of the contract and will be found acceptable.

UNACCEPTABLE: A relevant project has not been submitted or has not been completed within three (3) years from date of solicitation closing will not be found to meet the minimum requirements of the contract and will be found unacceptable.

If a quoter's quote exceeds $150,000, performance and payment bonds with a penal sum of 100% of the contract price are required to be submitted after award. If the quoter's quote is greater than $35,000, but not greater than $150,000, the contractor will be required to submit either a payment bond or an irrevocable letter of credit with a penal sum of 100% of the contract price after award.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

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

Addendum to Solicitation Provisions

FAR Provisions Incorporated by Full Text

Number Title

52.229-11 Tax on Certain Foreign Procurements

Notice and Representation.

W912EK26QA015

Effective Altemate Variation

Date Deviation Effective

Date

2020-06

Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701 (a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701 (a)(31 )); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1 (d)

(5) through (7). The Offerer would claim an exemption from the withholding by using the

Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign

Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the

IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offerer represents that

(1) It [] is [] is not a foreign person; and

(2) If the Offerer indicates "is" in paragraph (d)(1) of this provision, then the Offerer represents that-I am claiming on the IRS Form W-14 [] a full exemption, or [] partial or no exemption [Offerer shall select one] from the excise tax.

(e) If the Offerer represents it is a foreign person in paragraph (d)(1) of this provision, then

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offerer shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the

Government will withhold a full 2 percent of each payment.

(f) If the Offerer selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)

(2) of this provision, the Offerer will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the

IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

52.252-1 Solicitation Provisions Incorporated by

Reference.

1998-02

Solicitation Provisions Incorporated by Reference (Feb 1998)

W912EK26QA015

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offerer is cautioned that the listed provisions may include blocks that must be completed by the offerer and submitted with its quotation or offer.