A.02.01_Combined_SynSol_Format.pdf

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Material Supply IDIQ Federal contract opportunity
Solicitation number
W9127S18Q0038
Issued by
Department of the Army Corps of Engineers Engineering District Little Rock

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Material Supply Solicitation

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PROPOSAL COVER PAGE

US Army Corps of Engineer, Little Rock District

Contracting Division

700 W. Capitol Avenue Room 7315

Little Rock, AR 72201

W9127S18Q0038, Material Supply IDIQ – Greers Ferry Project Office

Submitted by

Offeror Name:

Offeror Address:

Offeror Email Address:

Offeror Phone Number:

Cage Code:

DUNS Number:

TIN:

Signature:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

Solicitation number W9127S18Q0038 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-96.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business. The NAICS Code 212312 and the applicable size standard is 750 employees

Description of requirements for the items to be acquired: This requirement is to provide rock and sand materials for the various parks within the responsibility of the Greers Ferry Project Office

Date(s) and place(s) of delivery and acceptance and FOB point:

Base Year - 1 August 2018 (or date of award, whichever is later) through 31 July 2019 Option Year 1 - 1 August 2019 through 31 July 2020 Option Year 2 - 1 August 2020 through 31 July 2021 The place of performance will be Greers Ferry Project Office Area of Responsibility.

FOB: Destination

Type of Contract to be awarded: The Government will award an Indefinite Delivery Indefinite Quantity (IDIQ) Contract. This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of supplies ordered under this contract may be significantly less or possibly more than the contract quantity.

Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/or listed on separate sheets as Bid Schedules. These quantities are approximate and are provided only for the Contractor's information to assist in preparation of bids. They are not guaranteed and the actual quantities may be less or more than shown. Variations in these estimated quantities shall not be justification for or request for additional payment.

The Government will order a minimum of 3% of the total bid price for the basic period.

The guaranteed minimum will be met via naturally occurring task orders

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page on page 1 and a completed copy of the pricing schedule beginning on page 4.

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.

Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Quotes are due on Wednesday, July 18, 2018 at 2:00 PM CST. Email submission of quotations are preferred in pdf form, however FAX or Mail submissions are allowed.

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable.

3. Quote Schedule with unit prices and total prices.

FAX: 501-324-5137

EMAIL: bettye.l.mahoney@usace.army.mil

If sending by mail, please submit your quotes to the following address: US Army Corps of Engineers, Attn: Bettye Lou Mahoney, 700 W. Capitol Avenue, Room 7315, Little Rock, AR 72203

If you have any questions regarding this solicitation, please contact Bettye Lou Mahoney at

(501) 340-1056 or submit an email to bettye.l.mahoney@usace.army.mil

EST. UNIT EST.

CLIN # DESCRIPTION QUANT UNIT PRICE $Amt.

0001 Topsoil 300 CY -$

0002 Fill Material 500 CY -$

0003 Screening Material 1000 TN -$

0004 Aggregate Base Material 1000 TN -$

0005 Sand 2000 TN -$

0006 Quarry Run Stone 1000 TN -$

0007 B Stone 300 TN -$

0008 Mini Rip 500 TN -$

EST. UNIT EST.

ITEM # DESCRIPTION QUANT UNIT PRICE $Amt.

1001 Topsoil 300 CY -$

1002 Fill Material 500 CY -$

1003 Screening Material 1000 TN -$

1004 Aggregate Base Material 1000 TN -$

1005 Sand 2000 TN -$

1006 Quarry Run Stone 1000 TN -$

1007 B Stone 300 TN -$

1008 Mini Rip 500 TN -$ for the period of 01 August 2018, or date of award whichever is later, through 31 July 2019.

GENERAL MAINTENANCE MATERIAL AND SUPPLY

GREERS FERRY PROJECT OFFICE

BASE PERIOD

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide services as described in the Performance Work Statement, at Greers Ferry Lake

BASE PERIOD - LINE ITEM 0001 - 0008 TOTAL:

GENERAL MAINTENANCE MATERIAL AND SUPPLY

GREERS FERRY PROJECT OFFICE

FIRST OPTION PERIOD

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 01 August 2019 through 31 July 2020.

FIRST OPTION PERIOD - LINE ITEM 1001 - 1008 TOTAL:

EST. UNIT EST.

ITEM # DESCRIPTION QUANT UNIT PRICE $Amt.

2001 Topsoil 300 CY -$

2002 Fill Material 500 CY -$

2003 Screening Material 1000 TN -$

2004 Aggregate Base Material 1000 TN -$

2005 Sand 2000 TN -$

2006 Quarry Run Stone 1000 TN -$

2007 B Stone 300 TN -$

2008 Mini Rip 500 TN -$

SECOND OPTION PERIOD - BID PRICES

GENERAL MAINTENANCE MATERIAL AND SUPPLY

GREERS FERRY PROJECT OFFICE

Furnish all necessary management, personnel, incidental materials, supplies, parts, tools, equipment, etc., to provide services as described in the Performance Work Statement, at Greers Ferry Lake for the period of 01 August 2020 through 31 July 2021.

SECOND OPTION PERIOD - LINE ITEM 2001 - 2008 TOTAL:

SCHEDULE D BASE, FIRST, AND SECOND OPTION PERIOD - TOTAL:

W9127S18Q0038

CLAUSES INCORPORATED BY REFERENCE

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Items (NOV 2017) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-41 Service Contract Labor Standards MAY 2014

52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-52 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Certification

MAY 2014

52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-1 Biobased Product Certification MAY 2012

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008

52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-32 Performance-Based Payments APR 2012

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-17 Government Delay Of Work APR 1984

52.245-1 Government Property JAN 2017

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

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;

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.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) XX (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 August

2018 (or date of contract) through 31 July 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 on any line item, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of the maximum quantity on any line item;

(2) Any order for a combination of items in excess of the maximum quantity on any line item; or

(3) A series of orders from the same ordering office within 36 months that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 July 2021.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(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 561730.

(2) The small business size standard is $7.5M

(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.

(End of provision)

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 Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 561730- assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

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

U.S. Army Corps of Engineers (CESWL-CT)

Attn: Jonathan Sawrie

700 W. Capitol Ave, Room 7315

Little Rock, AR 72201

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

(End of provision)

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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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):

http://farsite.hill.af.mil/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://farsite.hill.af.mil/

(End of clause) http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

IDIQ MATERIAL SUPPLY

GREERS FERRY PROJECT OFFICE

Materials Delivery Services include all necessary tools, equipment, labor, transportation, fuel and insurance to deliver aggregate and/or soils materials in quantities specified to locations outlined within the Greers Ferry Project Office boundaries.

The period of performance shall be for one (1) Base Year of approximately 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year – August 01, 2018 or date of award whichever is later through July 31, 2019 Option Year I – August 01, 2019 through July 31, 2020 Option Year II – August 01, 2020 through July 31, 2021

This contract, at the option of the Government, may be renewed for two options

DELIVERY INFORMATION:

Delivery shall not be required on the following Federal Holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Deliveries are FOB Destination, as listed in the work orders. Deliveries shall be between 8:00am – 4:30 PM Monday through Friday.

Delivery Locations: All parks and property under the responsibility of the Greers Ferry Lake Project Office. Parks may include: Dam Site, John F. Kennedy, Overflow, Old Highway 25, Heber Springs, Devils Fork, Choctaw, Shiloh, Narrows, Sugar Loaf, Cove Creek, Hill Creek, Cherokee, Mill Creek, Greers Ferry Project Office, GF Power House, and John F. Kennedy Overflow at Greers Ferry Lake Project.

In most circumstances, campgrounds will be operational and have campers utilizing the facilities. Coordination with the COR is required prior to deliveries being made.

Roadways shall remain open at all times.

Delivery Type and Load Tickets: The contractor will provide noted materials as described in delivery/work orders to designated locations in recreation areas. The materials will be deposited only or in some cases “tail gated” out. Corps employees or other contractors will be responsible for spreading and compacting materials. All drivers will submit load tickets to a COE representative on site for quantity verification. The contractor shall notify the designated Corps of Engineers representative prior to deliveries being made to ensure load tickets can be collected and quantities verified.

Permits and Licenses: The Contractor shall, at their own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current federal, state, and local laws and regulations and shall comply with any subsequent changes.

Other Contracts: The Government may undertake or award other contracts or have lessees, Government employees, or volunteers performing certain work, and the Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, by a lessee, by volunteers or by Government employees. The COR can alter the work schedules of the Contractor to avoid possible conflicts. Any such change or failure to make such a change by the COR shall not be the basis for a claim by the Contractor.

Delivery Order: All work under this contract shall be ordered by issuance of Delivery Order (DD Form 1155). Delivery orders may be issued for CLIN Items. The Delivery Order shall list those items from the bid schedule that are to be performed or used to perform scopes of work. No work shall be performed without the Contractor receiving a hard copy of a Delivery Order.

Work Order: Work under this contract at times shall be ordered by issuance of Work Order. Work Orders may be issued for CLIN Items from Delivery Orders. Work Orders will be used to define the work to be performed from the Delivery Orders, and may include completion dates earlier than the Delivery Order completion date.

Completion Time: The intent of any maintenance work issued is to commence and complete task and line items in a continued, smooth flowing manner with the least amount of interruption to the public and to pursue the work until complete (either before or by the date listed on the work order). Priority work issued during the performance of a delivery/work order does not relieve the contractor of the responsibility of completing operations already commenced elsewhere in other parks or locations.

MATERIALS

The contractor shall provide all materials and supplies necessary to complete the specified work required.

Warranty Information: Warranty information and manufacturer provided information such as owner's manuals or operating manuals shall be provided to COR by the contractor as soon as possible after equipment installation. Contractor’s workmanship and contractor furnished supplies/parts shall be warranted for one (1) calendar year, including services, all repairs or new installations. (FAR 52.246-20 and FAR 52.246-21).

Analysis. To ensure all materials meet required minimum specifications, contractor shall submit to the COR supplemental product analysis and data sheets describing content and makeup of all materials specified when requested.

Stone Material: Stone material furnished shall be highly durable stone. Gypsum, anhydrite, chert, shale and soft or weathered rock shall not be used. Neither breadth nor thickness of any piece of stone shall be less than one-third its length. Rocks shall be of angular shape. The sources from which the Contractor proposes to obtain the material shall be selected well in advance of the time when the material is required in the work.

Stone material shall comply with Arkansas Highway and Transportation Department Specifications.

Contractor Furnished Stone: Approval of a source of stone material shall not be construed as approval of all materials from that source. Certain areas of an approved source or quarry may be rejected, at the Contracting Officer's discretion, if those areas are determined to produce less than the quality or gradation criteria in these specifications. Stone shall be produced from approved sources or from another source when approved in accordance with the technical provisions herein.

Stone Tests: Suitable tests and service records will be used to determine the acceptability of the stone protection materials. If such tests and records are not available to the satisfaction of the Contracting Officer, as in the case of a new source, the material shall be subjected to such tests as necessary to determine its acceptability for use in the work at no additional cost to the Government. Tests to which stone may be subjected include specific gravity and absorption, freezing-thaw resistance, magnesium sulfate soundness, petrographic examination and such other tests as may be considered necessary to demonstrate to the satisfaction of the Contracting Officer that the materials are acceptable for use in the work. Tests and test values listed below are for job controls of all stone and will be used to determine the acceptability of the stone being produced.

Weight and Absorption: The minimum weight calculated from the bulk specific gravity (saturated surface-dry) of the sample, determined in accordance with ASTM C 127-88, shall be 150 pounds per cubic foot. Maximum absorption shall be 3 percent unless other tests and service records show that the stone is satisfactory. Tests shall be made on 1- 1/2-inch to 2-1/2-inch aggregate as directed by the Contracting Officer.

Soundness (Freezing-Thaw Resistance): The loss of weight of stone after 20 cycles of freezing and thawing with test specimen immersed in water shall be not more than 15 percent, as performed in accordance with CRD-C 144-92.

Resistance to Disintegration by Saturated Solutions of Sodium Sulfate or Magnesium Sulfate: Stone shall be subjected to the magnesium sulfate soundness test in accordance with ASTM C 88-90 and shall show a loss in weight of not more than 10%.

Fill Material: Fill materials shall be from an approved borrow source. Satisfactory materials shall consist of cohesive non-expansive materials: Cohesive materials include: clayey gravels (GC), clayey sands (SC), lean clays (CL), silts (ML and MH) and organic materials (Pt, OL, and OH).

Material Supply: The following requirements in the paragraphs listed below are applicable to the material supply schedule of the contract. The Contractor shall provide material supply as per the specifications, drawings, exhibits, and schedules at Greers Ferry Lake. Materials include:

1 Top Soil: All topsoil shall consist of friable surface soil reasonably free of grass, roots, weeds, sticks, stones larger than ½ inch in any dimension, or other foreign materials.

Payment for top soil shall be by the cubic yard of satisfactorily delivered top soil.

2 Fill Material: The contractor will provide fill material as specified in the delivery order.

Fill material shall be a rock clay mixture, of optimum moisture, contain no frozen soil, sod, brush, roots, or other perishable material, and free of rock larger than three inches.

Payment for fill material shall be by the cubic yard of satisfactorily delivered fill.

3 Screening Material: The contractor shall provide screening surface material with no material larger than 3/8 inch diameter. Payment for screening material shall be by the ton of satisfactorily delivered screening, determined by weight tickets from a State approved and licensed scale.

4 Aggregate Base Material: Base course material shall conform to the requirements for Class 7 aggregate in Subsection 303.02 of the Arkansas Standard Specifications for Highway Construction. The base course material shall be placed as specified in paragraph 303.03 Arkansas Standard Specification for Highway Construction. Payment for aggregate base material shall be by the ton of satisfactorily delivered aggregate base, determined by weight tickets from a State approved and licensed scale.

5 Sand: Sand shall be concrete grade. Price shall include placement in designated areas as indicated on work orders. All areas that have spills from trucks either on turf, dirt or pavement areas shall be completely cleaned. Price shall include moving and resetting wheel stops to access swim beach when sand is delivered to beach areas. Payment for sand shall be by the ton of satisfactorily delivered sand, determined by weight tickets from a State approved and licensed scale.

6 Quarry Run Stone: Quarry run limestone material shall be approximately ten inches and under. Payment for quarry run stone shall be by the ton of satisfactorily delivered stone, determined by weight tickets from a State approved and licensed scale.

7 B-Stone: B-Stone shall be quarry run limestone material five inches and under.

Payment for b-stone shall be by the ton of satisfactorily delivered stone, determined by weight tickets from a State approved and licensed scale.

8 Mini Rip: Mini Rip shall be quarry run limestone material between six and eight inches.

Payment for mini rip shall be by the ton of satisfactorily delivered stone, determined by weight tickets from a State approved and licensed scale.

Required Insurance:

1 Minimum…

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