20-B-0019.pdf

W91236-20-B-0019 - Army National Cemetery, McPhearson Road Renovations, Arlington, Virginia

The magnitude of construction is betw een $10,000,000 and $25,000,000

This acquisition is 100% Small Business Set Aside NAICS Code: 237310 Small Business Size Standard: $39,500,000.00.

This solicitation contains a Definitive Responsibility Criteria (DRC).

DUNS:

CAGE:

Tax ID:

X

TARIK A BOOZE (757)201-7187

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

19-Mar-2020

(RFP)

(IFB)

CALL:

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

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 ________485 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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________20 Apr 2020 (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 offers 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 _______120 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

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510

W91236

PAGE OF PAGES

1 OF

CODE W91236

(Title, identifying no., date):

12B. CALENDAR DAYS

05:00 PM (hour) Sealed envelopes containing offers

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1096

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

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

757-201-7183FAX:TEL: TEL: FAX: 757-201-7183

W9123620B0019 58

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

W9123619R0033

Section 00 10 00 - Solicitation

NOTICE TO BIDDERS

NOTICE TO BIDDER

1. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by electronic mail (e-mail) submission only).

Bids will be opened by the Government at 10:30 a.m. on April 21, 2020. In accordance with FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. Eastern Day Time (EDT) on April 20, 2020.

That is, the BIDDER IS SOLELY RESPONSIBLE for ensuring that its bid has been received by the Government’s email server by no later than 5:00 p.m. on April 20, 2020.

In the event the Norfolk District building is closed at the time of bid opening, it will publish a bid abstract within twenty-fours (24) hours of the bid opening conveying the results of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination. A virtual bid opening will be conducted by a teleconference. Interested parties may request the call in number by contacting Mr. Tarik Booze whose email is provided below.

Bids must be emailed to the following address: PPMDContracts@usace.army.mil.

The following addresses should be courtesy copied to ensure safe transmission and receipt of the bids:

Tarik.A.Booze@usace.army.mil Dianne.K.Grimes@usace.army.mil

Bidders must include the following text in the subject line of its email submitting its bid:

“Time-sensitive Sealed Bid IRT 20-B-0019”

Bidders MUST ensure that no pricing information is revealed in the body of email such that it would become known at the time of the opening of the email. The pricing information must be included only in an attachment to the email which shall be labeled “Bid.20B0019_”Bidder Name”,” which will be opened by the bid opening official at the time set for bid opening.

A copy of the duly executed bid guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid.20B0019_”Bidder Name”.” A physical copy of the bid guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder.

Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.

Any questions regarding bid submission should be directed to Mr. Tarik Booze in ProjNet as provided in the instructions below.

2. AWARD TO RESPONSIBLE BIDDER

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey maybe performed in determining the bidders responsibility in accordance with FAR 9.104 and 9.106. The bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to mailto:PPMDContracts@usace.army.mil mailto:Tarik.A.Booze@usace.army.mil mailto:Dianne.K.Grimes@usace.army.mil prosecute and complete the work safely and satisfactorily within the time specified. If the bidder is unable to comply with the request for preaward survey, the bidder will no longer be considered for award.

To be determined responsible, a bidder must demonstrate the following –

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them;

and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations

**NOTE - The Government is not liable for any costs incurred by the bidder submitting an offer in response to this solicitation.

Additionally, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. This information is not required to be responsive to the invitation for bid. Too efficiently and expeditious award the resultant contract, it is HIGHLY recommended that bidders provide the below information with their bid. If bidders wish to shield this information from public view at the bid opening, the information may be placed in an envelope with the following legend:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W91236-19-B-0018

YOUR FIRM’S NAME

a. BANK: Branch/Location Point-of-Contact Telephone Number/Fax Number/Email Address

This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number.

b) Current commitments and expected dates of completion.

c) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

d) The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization.

Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

e) IMPORTANT NOTE, this solicitation requires apparent low bidder to submit DRC criteris as defined below:

Definitive Responsibility Criteria (DRC) ANC McPherson Area Road Repairs

The successful bidder must submit one (1) or more roadway construction contract examples (i.e., qualifying contracts) in which it performed the following aspects of construction:

1. A minimum one mile asphalt roadway (in total – need not be contiguous)

2. A minimum $5 million contract value

3. Full depth pavement (new or repair/replacement acceptable)

4. Involved storm water system installation servicing the roadway

5. Projects also must have been completed within the past five years or be at least 80% complete by the solicitation date.

In addition to the above mandatory criteria, to be deemed a qualifying contract, the qualifying contracts must also demonstrate one or both criteria below:

a. To be deemed a qualifying contract, Performed on federal property

b. Involved utility installation within and/or adjacent to the roadway

After bid opening, the Government will request supporting documentation from the apparent low bidder demonstrating its prior experience. The documentation must include a written narrative of each qualifying contract that provides:

i. The contract price

ii. The entity that issued the contract

iii. The contract number, if available

iv. A description of the scope of work explaining how the criteria above was demonstrated

Bidders will be evaluated on conformance to the solicitation and price. The Government reserves the right to reject any or all Bids. The Government may award the contract to other than the lowest total price bidder. The Government intends to award to the bidder submitting the lowest bid and meeting DRC requirements as determined by the Government to be responsible.

3. BID EVALUATION AND AWARD:

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price 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. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate bids for award purposes by using the total price.

The Government may –

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

4. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the bidder is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated bidder; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

5. PREAWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

6. INSPECTION OF THE SITE

Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site shall be made through the Office the Area Engineer identified in the clause 52.236-27, entitled "SITE VISIT

(CONSTRUCTION)."

7. BASIS OF AWARD

In order to be considered responsive all pricing on the CLINS must be filled out. A single award will be made to the lowest responsible, responsive bidder on the basis of the total price bid. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Prior to making an award, a pre-award survey will be made and the low bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

Prospective bidders shall be registered in the System for Award Management (SAM) database as required by FAR 52.204-7, System for Award Management (Oct 2018).

Note that the SAM is required for all bidders; including Joint Ventures (JV) (registration must state the NAME of the JV). Bidders not currently registered in SAM must obtain a DUN & Bradstreet (DUNS) number and a CAGE prior to registering in SAM.

All bidders, including JV bidders, must submit with their proposal a DUNS number. In addition to the DUNS number required for JV bidders, JV bidders must submit with their proposal a DUNS number for each member comprising the JV. DUNS numbers can be obtained at http;://fedgov.dnb.com/web form. The DUNS number is required in order to register in SAM (see above).

8. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

9. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Contract Line Item Schedule (as defined in FAR 14.408) may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

10. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

11. MAGNITUDE OF CONSTRUCTION

In accordance with DFARS 236-204, the magnitude of construction is between $10,000,000 to $25,000,000.

12. BIDDERS QUESTIONS AND COMMENTS

Note: All questions and/or comments from the prebid conference should reach the above referenced Contracting Office no later than 15 calendar days before bid opening, in order that they may be given consideration or actions taken prior to receipt of offers.

1.5.1 Bidder Inquiry

1.5.1.1 Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

1.5.1.1.1 To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

1.5.1.1.2 From this page you may view all bidder inquiries or add inquiry.

1.5.1.1.3 Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

1.5.1.1.4 The Solicitation Number is: W91236-20-B-0019

1.5.1.1.5 The Bidder Inquiry Key is: V7SF59-4PPJ2T

1.5.1.2 The Bidder Inquiry System will be unavailable for new inquires 15 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

1.5.1.3 Bidders 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.

1.5.1.4 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.

BID PRICING

TOTAL BASE BID (CLINs 0001 Thru 0008): $ OPTION BID (CLINs 0009 AND 0010): $

TOTAL: $

http://www.projnet.org/projnet

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construction of Phase 1A Repairs

FFP

Section 46 Storm Drain Line complete, including all work incidental thereto, as shown on the drawings and specified, excluding items 0002 to 0010.

FOB: Destination

NET AMT

0002 1 Job Construction of Phase 1B Repairs

FFP

Lawton Dr, McPherson Dr, & Jackson Cir complete, including all work incidental, thereto as shown on the drawings and specified, excluding items 0001 and 0003 to

0003 1 Job Construction of Phase 1C Repairs

FFP

McPherson Dr & McKinley Dr, including all work incidental, thereto as shown on the drawings and specified, excluding items 0001, 0002, and 0004 to 0010.

0004 1 Job Construction of Phase 2A Repairs

FFP

McPherson Dr complete, including all work, incidental, thereto as shown on the drawings and specified excluding items 0001 to 0003, and 0005 to 0010.

0005 1 Job Construction of Phase 2B Repairs

FFP

West Farragut Dr complete, including all work incidental thereto, as shown on the drawings and specified, excluding items 0001 to 0004 and 0006 to 0010.

0006 1 Job Construction of Phase 3 Repairs

FFP

McKinely Dr complete, including all work incidental thereto, as shown on the drawings and specified, excluding items 0001 to 0005 and 0007 to 0010.

0007 1 Job Construction of Phase 4A Repairs

FFP

McKinley Dr, Miles Dr, & Capron Dr complete, including all work incidental thereto as shown on the drawings and specified, excluding items 0001 to 0006 and 0008 to 0010.

0008 1 Job Construction of Phase 4B Repairs

FFP

McPherson Dr & Hobson Dr complete, including all work incidental thereto as shown on the drawings and specified, excluding items 0001 to 0007, 0009 and

0009 5,000 Cubic

Yard

OPTION Additional undercut of subgrade

FFP

Additional undercut of subgrade (below 2’ from the top of new road surface) and replacement with suitable backfill material for all phases complete, including all work incidental thereto, as shown on the drawings and specified, excluding Items 0001 to 0007 and 0010.

0010 586 Linear

Foot

OPTION Unit price removal of asbestos

FFP

Unit price removal of asbestos containing pipe encountered during excavation for all phases complete, including all work incidental thereto, as shown on the drawings and specified, excluding Items 0001 to 0009.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 485 dys. ANP 1 N/A

0002 485 dys. ANP 1 N/A

0003 485 dys. ANP 1 N/A

0004 485 dys. ANP 1 N/A

0005 485 dys. ANP 1 N/A

0006 485 dys. ANP 1 N/A

0007 485 dys. ANP 1 N/A

0008 485 dys. ANP 1 N/A

0009 485 dys. ANP 5,000 N/A

0010 485 dys. ANP 586 N/A

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

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

CLAUSES INCORPORATED BY FULL TEXT

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(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)

Section 00 21 16 - Instructions to Proposers

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 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 52.214-12 Preparation Of Bids APR 1984 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL

BUSINESS CONCERNS (APR 1984)

The Progress Payments clause will be available only to small business concerns. Any bid conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive if the bidder is not a small business concern.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

USACE Norfolk 803 Front Street Norfolk, VA

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or bidders are urged and expected to inspect the site where the work will be performed. All contractors are highly encouraged to attend. All contractors planning to attend must submit their company’s name, participant and vehicle information (Make/Model/Tag #) to the POCs by 24 March 2020. In the event that ANC is closed and this site visit is cancelled, all questions will be processed through ProjNet.

POC/Contact Information:

MAJ Andrew Leeman, Andrew.J.Leeman@usace.army.mil CPT Douglas Cook, Douglas.L.Cook@usace.army.mil

(757) 201-7618

Please copy Mr. Tarik Booze on the email reservations at tarik.a.booze@usace.army.mil.

(b) An organized site visit has been scheduled for Thursday, 26 March, 2020 at 12:00 p.m. EDT.

(c) Participants will meet outside of the Welcome Center (East-side of the Bldg).Visitors will receive a vehicle pass and brief. Please ensure compliance with social distancing instructions (vehicle occupancy of 4 people maximum).

Upon receipt of the vehicle pass and ANC Instructional Brief, entry into ANC will be permitted. Due to the impact of the corona-virus pandemic and associated federal instructions, all participants will be escorted to the preselected sites and the exit throughout the site visit.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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 bidder is cautioned that the listed provisions may include blocks that must be completed by the bidder and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the bidder may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

mailto:Andrew.J.Leeman@usace.army.mil mailto:Douglas.L.Cook@usace.army.mil mailto:tarik.a.booze@usace.army.mil http://www.acquisition.gov/

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-8 Annual Representations and Certifications OCT 2018 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.209-12 Certification Regarding Tax Matters FEB 2016 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

JUN 2018

52.219-2 Equal Low Bids OCT 1995 52.222-25 Affirmative Action Compliance APR 1984 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan.

MAR 2015

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7007 Alternate A, Annual Representations and Certifications JUN 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2018

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

https://www.sam.gov/

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) - ALTERNATE I (SEPT 2015)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310--[insert NAICS code].

(2) The small business size standard is $39,500,000.00--[insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The…