Solicitation - W912EQ-21-B-0006.pdf

The work consists of clearing and snagging; removing woody debris; and excavation of sediment f rom approximately 5,000 LF of the St.

Francis River channel southwest of Cardwell, Mo. No access by ground is feasible; project access is limited to boat or floating plant. The North American Industrial Classification System (NAICS) Code applicable to this requirement is 237990, Other Heavy and Civil Engineering Construction, with a small business standard of 39.5 million. The total estimated value of this project is between $1,000,000.00 and $5,000,000.00.

This project is advertised as a HUBZone Set-Aside using sealed bid procedures.

X

GILBERT C CHONJE 901-544-0973

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

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

NEGOTIATED

12-Mar-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________240 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Apr 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N. MAIN STREET

MEMPHIS TN 38103-1894

W912EQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:30 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912EQ21B0006 228

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20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

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DOCUMENT 00 41 00.00 11

BIDDING SCHEDULE

PART 1 BIDDING SCHEDULE

ST. FRANCIS RIVER LEVEE MAINTENANCE

BLOCKAGE BELOW HWY 412

DUNKLIN COUNTY, MO

1.1 LINE ITEMS

This contract will be awarded as one lump sum with unit prices required for specifically selected work. A schedule of the unit price work is contained in Standard Form SF 1442, "Solicitation, Offer and Award." See Contract Clauses, "FAR 52.211-18, Variation in Estimated Quantity" and "FAR 52.236-16, Quantity Surveys," "DFARS 52.236-7008, Contract Prices."

Bid Items with Unit Prices Form ITEM DESCRIPTION Estimated Unit

Quantity Unit Price Amount

0001 Mobilization and Demobilization 1 JA XXX.XX $____.__

0002 Environmental Protection 1 JA XXX.XX $____.__

0003 Signage 1 JA XXX.XX $____.__

0004 Boat Ramp and Levee Road 1 JA XXX.XX $____.__ Maintenance

0005 Storm Water Pollution Prevention

0005A Amend and Maintain Storm Water 1 JA XXX.XX $____.__ Pollution Prevention Plan

0005B Silt Fence 2,800 LF _______ $____.__

0006 Clearing, Snagging, and Woody 50 HL _______ $____.__ Debris Removal

0007 Channel Excavation 21,000 CY _______ $____.__

0008 Establishment of Turf 4.5 AC _______ $____.__

Grand Total Items 0001 thru 0008 $_______.__

1.2 NOTES

NOTE 1: Offerors shall furnish unit prices for all items listed on the schedule of bid items, which require unit prices. If the offeror fails to insert a unit price in the appropriate blank for required items, but does

DOCUMENT 00 41 00.00 11 Page 2

Blockage Below Highway 412 Page 3 of 228 W912EQ-21-B-0006 furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE

OFFEROR OMITS BOTH THE UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY

ITEM, THE BID WILL BE DECLARED NONRESPONSIVE.

In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the offeror shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

Any offer price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced offer is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

Award will be made as a whole to one offeror.

AC = Acre CF = Cubic Feet CY = Cubic Yard DH = Miles EA = Each FC = 1000 Cubic Feet FT = Foot HF = 100 Feet HH = 100 Cubic Feet HL = 100 Linear Feet HR = Hours HS = 100 Square Feet HY = 100 Yards LB = Pound LF = Linear Foot LH = Labor Hour JA = Job (lump sum) LY = Linear Yard MO = Months SB = Square Mile SF = Square Foot SQ = Square SY = Square Yard TL = 1000 Linear Feet TN = Net Ton UN = Unit YD = Yard YL = 100 Linear Yards YM = Cubic Yards Per Mile

All quantities are estimated except where unit is given as "JA" or "EA".

NOTE 2: If an offer or modification to an offer based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

NOTE 3: Offerors are cautioned to read Contract Clause entitled "DFAR 252.204-7004, Alternate A, System for Award Management (FEB 2014) located in Section 00 70 00.00 11 CONTRACT CLAUSES.

-- End of Document --

DOCUMENT 00 41 00.00 11 Page 3

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CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

A. BIDDING MATERIAL - Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. Prospective offeror should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph M Below). All other inquiries should be emailed to the Contract Specialist, Alexandria.d.duckett@usace.army.mil

B. BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bidder prices

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Financials

6. Equipment list

C. SITE VISITS - Bidders should inspect the job site prior to submitting a bid. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal holidays. The point of contact to schedule a site visit for this Invitation for Bid is Mr. Daimon McNew, Area Engineer, at 573-333-1043 or email Daimon.M.Mcnew@usace.army.mil . See Section 00100, clause 52.236-27 Alt I, entitled “Site Visit (Construction)”.

D. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offeror from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bid, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

E. BID SUBMISSION INSTRUCTIONS - Due to the COVID-19 Global Pandemic, the

Government is taking precautions to ensure the safety and health of all Contractors and Government employees. All submissions to this bid announcement shall be submitted electronically through DoD Safe. Bids will be opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested.

As soon as practicable after bid opening, an abstract of bids will be available through our web page at: https://beta.sam.gov Contract Opportunities under attachment Abstract.

(1) NO paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal

Submission is required through the Army’s Electronic File Sharing Service, DoD SAFE (https://safe.apps.mil).

Blockage Below Highway 412 Page 5 of 228 W912EQ-21-B-0006 http://www.projnet.org/projnet http://www.projnet.org/projnet mailto:@usace.army.mil mailto:Daimon.M.Mcnew@usace.army.mil https://safe.apps.mil/

(2) The DoD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DoD SAFE, and the application is available for use by anyone. See the attached SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).

F. INSTRUCTIONS FOR UPLOADING FILES -

(1.) Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to proposal due date.

a. Alexandria Duckett, Contract Specialist at: alexandria.d.duckett@usace.army.mil

b. Priscilla Sweeney, Contracting Officer at: priscilla.g.sweeney@usace.army.mil

(2.) You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the proposal due date.

(3.) Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter W912EQ21B0006-FIRMNAME.

(4.) Click Upload button to send documents.

(5.) Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards ((CACs)) are not required).

File Size Limitations: Offerors are advised to follow the DoD SAFE instructions for uploading files. DoD SAFE supports delivery up to 8GB. If needed, Offerors are advised to break the files down into smaller sections to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912EQ21B0006-FIRMNAME-VOLUME I

• W912EQ21B0006-FIRMNAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.

File Organization: Although hard copies are not accepted, each submittal shall be clearly indexed and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 foldouts, etc.) will be counted as two (2) pages.

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Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded within DoD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (i.e. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 52.214-7.

Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

As another precaution, the Federal building is closed to the public for viewing. In lieu of this, there will be a conference phone line available for all who are interested in attending the bid opening. Bid opening call-in information:

USA Toll-Free: 844-800-2712 Meeting Number: 199 485 8657 Password: jWkmet9P*63

G. BIDDER’S ADDRESS - Prospective bidders should indicate in the bid, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

H. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as the interest of the Government may require, to revise or modify the specifications or drawings or both prior to the date set for receiving Invitations for Bid. Such revisions and amendments, if any, will be announced by an amendment or modifications to this Invitations for Bid. If the revisions and modifications are of a nature which requires material changes in quantities or prices or both, the date set for Invitations for Bid may be postponed by such number of days as in the opinion of the issuing officer will enable offerors to revise their bid. In such cases, the amendment will include an announcement of the new date for bid.

I. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 13d) Bidders are advised to review CLASS DEVIATION REVISIONS-FAR 52.219-14- Limitations on Subcontracting (DEVIATION 2019-O0003) and 52.291-27 Notice of Service- Disabled-Veteran-Owned Small Business Set-Aside (DEVIATION 2019-O0003) implemented by the Small Business Administration in accordance with FAR part 19.

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J. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION -

1. Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows:

52.252-1.

2. Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

3. Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.237-9000.

4. USACE Acquisition Instruction (UAI) provisions/clauses are numbered as follows:

5152.232-9001

K. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidders acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227- 2423, or at: http://www.sam.gov.

L. BIDDER’S QUALIFICATIONS - To establish its responsibility, bidders may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder’s responsibility shall be made available as soon as practicable after receiving proposal; but, not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer.

M. NOTICE OF BONDS AND INSURANCE - The following proposal/contract information is applicable only if the proposal/contract is over one hundred fifty thousand dollars ($150,000):

1. PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

2. PAYMENT BONDS: Within ten (10) days after receipt of contract award to the offeror whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

3. INSURANCE: The accepted offeror shall provide adequate insurance, within ten (10)

Blockage Below Highway 412 Page 8 of 228 W912EQ-21-B-0006 http://www.sam.gov/ days after receipt of contract award. See Section 00800, entitled Insurance Requirements and Section 00 80 00.00 11, Special Contract Requirements --- Additional Insurance References.

N. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00 80 00.00 11, 01 57 20.00 11, and 01 45 04.00 11) Within ten (10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

O. PROJNET BIDDER INQUIRY

1. Prospective Offerors should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

a. To submit and review inquiry items, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

A prospective offeror who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

b. The Solicitation Number is: W912EQ21B0006

c. The Bidder Inquiry Key is: ZXRKX4-B4QB9T

Specific Instructions for First Time ProjNet Bid Inquiry Access:

(1.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(2.) Identify the Agency. This should be marked USACE.

(3.) Key. Enter the Bidder Inquiry Key listed above.

(4.) Email. Enter the email address you would like to use for communication.

(5.) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

(6.) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

(7.) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

(1.) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

(2.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(3.) Identify the Agency. This should be marked USACE.

Blockage Below Highway 412 Page 9 of 228 W912EQ-21-B-0006 http://www.projnet.org/projnet

(4.) Key. Enter the Bidder Inquiry Key listed above.

(5.) Email. Enter the email address you used to register previously in ProjNet.

(6.) Click Continue. A page will then open asking you to enter the answer to your

Secret Question.

(7.) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

5. Oral explanations or instructions are not binding. Any information given to an offeror which impacts the offer will be given in the form of a written amendment to the solicitation.

P. BUSINESS INTEGRITY - The apparent successful offeror as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

Q. AVAILABLILITY OF FUNDS - Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer IAW FAR Part 52.232-18 – Availability of Funds.

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Section 00100 INSTRUCTIONS TO BIDDERS

52.204-7 System for Award Management OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and AUG 2020

Video Surveillance Services or Equipment

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.216-1 Type Of Contract APR 1984

52.222-5 Construction Wage Rate Requirements--Secondary Site of the MAY 2014

Work

52.222-12 Contract Termination-Debarment MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure FEB 1999

Equal Employment Opportunity for Construction

52.233-2 Service Of Protest SEP 2006

52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I FEB 1995

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls

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52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

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(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

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(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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

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(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.

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(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)

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

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

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

(i) By signing and returning the amendment;

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

(iii) By letter;

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

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

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

(End of provision)

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

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

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

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

(End of provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

(End of provision)

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

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

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

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

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

52.214-5 SUBMISSION OF BIDS (DEC 2016)

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

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

(End of provision)

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

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

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

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

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

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

(End of provison)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

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52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety Standards--Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.

(End of clause)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

SMSA Counties 32.3 Non-SMSA Counties 26.5 6.9

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These goals are applicable to all the Contractor's construction work performed in the covered area.