B.08.02_Solicitation_Combined Docs.pdf

Clearw ater Project Office Paving

The w ork includes removal of deteriorated asphalt and failed subgrade, placement and compaction of aggregate base course, application of tack coat and placement and compaction of asphaltic concrete pavement, removal and reinstallation of w heelstops, shoulder stabilization, sealcoat asphalt paved areas and furnishing and placing topsoil, and rip rap w ithin the recreation and administrative areas around Clearw ater Lake and incidental related w ork.

This solicitation is advertised as a Total Small Business Set Aside. The North American Industrial Classification System (NAICS) Code is 237310 (Highw ay, Street, and Bridge Construction). The small business size standard is $39.5 million. Magnitude of Construction: Betw een $1,000,000.00 and $5,000,000.00.

X

BERNADETTE L HUGHES 501.340.1260

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

09-Aug-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 72 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Sep 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 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

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

W9127S

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

(501) 324-5196FAX:TEL: (501) 340-5720 TEL: FAX:

W9127S21B0002 73

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

PN481977

IDIQ PAVING PROJECT

REYNOLDS AND WAYNE COUNTY, MISSOURI

SECTION B

BIDDING SCHEDULE

(To be attached to SF 1442)

SOLICITATION NUMBER W9127S-21-B-0002

To edit heading: FILE / PAGE SETUP / CUSTOM HEADING To view heading: PRINT PREVIEW

Line Item No.

Description Estimated Quantity

Unit Measure

Unit Price Amount

BASE BID

0001 MOBILIZATION AND DEMOBILIZATION 3 Each XXX $__________

0002 PAVEMENT REPAIR 300 Square Yard XXX $__________

0003 BITUMINOUS PRIME/TACK COAT 800 Gallon XXX $__________

0004 CRACK SEALING 300 Linear Feet XXX $__________

0005 ASPHALTIC CONCRETE PAVEMENT 1,800 Ton XXX $__________

0006 AGGREGATE BASE COURSE 1,000 Ton XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - less than 4" depth

1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - more than 4" depth

1,000 Square Yard XXX $__________

0009 RIP-RAP STONE PROTECTION 600 Ton XXX $__________

0010 PAVEMENT MARKING 7,000 Linear Foot XXX $__________

0011 STRIPPING 150 Cubic Yard XXX $__________

0012 FILL MATERIAL 100 Cubic Yard XXX $__________

0013 REMOVE AND REINSTALL WHEEL STOPS 20 Each XXX $__________

0014 SEALCOAT 2,000 Square Yard XXX $__________

0015 STABILIZED SHOULDER 300 Ton XXX $__________

0016 COLD MILLING ASPHALT PAVEMENT 1,000 Square Yard XXX $__________

TOTAL BASE BID $__________

REYNOLDS AND WAYNE COUNTY, MISSOURI

SECTION B

BIDDING SCHEDULE

(To be attached to SF 1442)

SOLICITATION NUMBER W9127S-21-B-0002

OPTIONS

Option 1

1001 MOBILIZATION AND DEMOBILIZATION 3 Each XXX $__________

1002 PAVEMENT REPAIR 300 Square Yard XXX $__________

1003 BITUMINOUS PRIME/TACK COAT 800 Gallon XXX $__________

1004 CRACK SEALING 300 Linear Feet XXX $__________

1005 ASPHALTIC CONCRETE PAVEMENT 1,800 Ton XXX $__________

1006 AGGREGATE BASE COURSE 1,000 Ton XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - less than 4" depth

1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - more than 4" depth

1,000 Square Yard XXX $__________

1009 RIP-RAP STONE PROTECTION 600 Ton XXX $__________

1010 PAVEMENT MARKING 7,000 Linear Foot XXX $__________

1011 STRIPPING 150 Cubic Yard XXX $__________

1012 FILL MATERIAL 100 Cubic Yard XXX $__________

1013 REMOVE AND REINSTALL WHEEL STOPS 20 Each XXX $__________

1014 SEALCOAT 2,000 Square Yard XXX $__________

1015 STABILIZED SHOULDER 300 Ton XXX $__________

1016 COLD MILLING ASPHALT PAVEMENT 1,000 Square Yard XXX $__________

TOTAL OPTION 1 $__________

REYNOLDS AND WAYNE COUNTY, MISSOURI

SECTION B

BIDDING SCHEDULE

(To be attached to SF 1442)

SOLICITATION NUMBER W9127S-21-B-0002

OPTIONS

Option 2

2001 MOBILIZATION AND DEMOBILIZATION 3 Each XXX $__________

2002 PAVEMENT REPAIR 300 Square Yard XXX $__________

2003 BITUMINOUS PRIME/TACK COAT 800 Gallon XXX $__________

2004 CRACK SEALING 300 Linear Feet XXX $__________

2005 ASPHALTIC CONCRETE PAVEMENT 1,800 Ton XXX $__________

2006 AGGREGATE BASE COURSE 1,000 Ton XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - less than 4" depth

1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - more than 4" depth

1,000 Square Yard XXX $__________

2009 RIP-RAP STONE PROTECTION 600 Ton Square Yard $__________

2010 PAVEMENT MARKING 7,000 Linear Foot XXX $__________

2011 STRIPPING 150 Cubic Yard XXX $__________

2012 FILL MATERIAL 100 Cubic Yard XXX $__________

2013 REMOVE AND REINSTALL WHEEL STOPS 20 Each XXX $__________

2014 SEALCOAT 2,000 Square Yard XXX $__________

2015 STABILIZED SHOULDER 300 Ton XXX $__________

2016 COLD MILLING ASPHALT PAVEMENT 1,000 Square Yard Square Yard $__________

TOTAL OPTION 2 $__________

REYNOLDS AND WAYNE COUNTY, MISSOURI

SECTION B

BIDDING SCHEDULE

(To be attached to SF 1442)

SOLICITATION NUMBER W9127S-21-B-0002

OPTIONS

Option 3

3001 MOBILIZATION AND DEMOBILIZATION 3 Each XXX $__________

3002 PAVEMENT REPAIR 300 Square Yard XXX $__________

3003 BITUMINOUS PRIME/TACK COAT 800 Gallon XXX $__________

3004 CRACK SEALING 300 Linear Feet XXX $__________

3005 ASPHALTIC CONCRETE PAVEMENT 1,800 Ton XXX $__________

3006 AGGREGATE BASE COURSE 1,000 Ton XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - less than 4" depth

1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - more than 4" depth

1,000 Square Yard XXX $__________

3009 RIP-RAP STONE PROTECTION 600 Ton XXX $__________

3010 PAVEMENT MARKING 7,000 Linear Foot XXX $__________

3011 STRIPPING 150 Cubic Yard XXX $__________

3012 FILL MATERIAL 100 Cubic Yard XXX $__________

3013 REMOVE AND REINSTALL WHEEL STOPS 20 Each XXX $__________

3014 SEALCOAT 2,000 Square Yard XXX $__________

3015 STABILIZED SHOULDER 300 Ton XXX $__________

3016 COLD MILLING ASPHALT PAVEMENT 1,000 Square Yard XXX $__________

TOTAL OPTION 3 $__________

REYNOLDS AND WAYNE COUNTY, MISSOURI

SECTION B

BIDDING SCHEDULE

(To be attached to SF 1442)

SOLICITATION NUMBER W9127S-21-B-0002

OPTIONS

Option 4

4001 MOBILIZATION AND DEMOBILIZATION 3 Each XXX $__________

4002 PAVEMENT REPAIR 300 Square Yard XXX $__________

4003 BITUMINOUS PRIME/TACK COAT 800 Gallon XXX $__________

4004 CRACK SEALING 300 Linear Feet XXX $__________

4005 ASPHALTIC CONCRETE PAVEMENT 1,800 Ton XXX $__________

4006 AGGREGATE BASE COURSE 1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - less than 4" depth

1,000 Square Yard XXX $__________

REMOVE EXISTING ASPHALTIC CONCRETE PAVEMENT

AND SCARIFY, RESHAPE AND COMPACT EXISTING

AGGREGATE BASE COURSE - more than 4" depth

1,000 Square Yard XXX $__________

4009 RIP-RAP STONE PROTECTION 600 Ton XXX $__________

4010 PAVEMENT MARKING 7,000 Linear Foot XXX $__________

4011 STRIPPING 150 Cubic Yard XXX $__________

4012 FILL MATERIAL 100 Cubic Yard XXX $__________

4013 REMOVE AND REINSTALL WHEEL STOPS 20 Each XXX $__________

4014 SEALCOAT 2,000 Square Yard XXX $__________

4015 STABILIZED SHOULDER 300 Ton XXX $__________

4016 COLD MILLING ASPHALT PAVEMENT 1,000 Square Yard XXX $__________

TOTAL OPTION 4 $__________

TOTAL BASE BID PLUS OPTIONS $__________

Bidder Instructions:

An organized site visit will not be conducted for this project. It is strongly recommended that the contractor make a site visit to gain a good understanding of the scope of work for this project. Point of Contact is Russell Cooper. He can be reached at (501)-340-1476.

The bid may be forwarded by regular mail or ground delivery only. Please ensure you include the solicitation number on the outside of your envelope when mailing or hand carrying your bid to the below referenced location.

Bids will NOT be accepted by fax or email.

Please submit the following with your bid:

A signed copy of the SF 1442, a Bid Bond in accordance with FAR 52.228-1, and a completed copy of the bid schedule.

The Bid Opening Date and Due date for Bids will be September 9, 2021 at 1:00 PM (CST).

Mail:

Corps of Engineers (CESWL-CT) ATTN: Joseph Daniels 700 W. Capitol Avenue Little Rock, AR 72203-0867

Ground Delivery or Hand Carried:

Corps of Engineers (CESWL-CT, RM 6507) ATTN: Joseph Daniels 700 W. Capitol Ave Little Rock, AR 72203

Join from the meeting link https://usace1.webex.com/usace1/j.php?MTID=m4d0379f636a69205688d78a8ec755801

Join by meeting number Meeting number (access code): 1991 22 0472 Meeting password: 4itRkPCV$22

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TYPE OF CONTRACT:

The Government will award an Indefinite Delivery Indefinite Quantity Contract (IDIQ). Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS). 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.

All work under this contract will be done in accordance with Specifications No. PN481977, IDIQ Clearwater Lake Paving.

Additionally, all work under this contract will be ordered by issuance of task orders. A task order (written notification) will be provided to the contractor prior to the initial date of service for the work. The task order shall list those items and quantities from the bid schedule that are to be performed. The quantities are not to exceed each line item per task order. Any changes to either the task orders line item quantity or schedule will be made by issuance of a written modification to the order. The contractor is authorized to only perform the line items provided for and funded by the individual task order.

W9127S21B0002

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specifications Attachment 2 Indefinite Delivery-

Indefinite Quantity Attachment 3 Wage Determination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY DODAAC /

CAGE

0001 POP 20-SEP-2021 TO

31-JUL-2022

N/A 966403

0002 POP 20-SEP-2021 TO

31-JUL-2022

N/A 966403

0003 POP 20-SEP-2021 TO

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0004 POP 20-SEP-2021 TO

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0005 POP 20-SEP-2021 TO

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0008 POP 20-SEP-2021 TO

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0009 POP 20-SEP-2021 TO

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N/A

SHIP TO ADDRESS

CLEARWATER PROJECT OFFICE

FRED ESSER

RR #3 BOX 3559D

PIEDMONT MO 63957-9559

501-340-1472 FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

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(SAME AS PREVIOUS LOCATION)

FOB: Destination

(SAME AS PREVIOUS LOCATION)

FOB: Destination

966403

0010 POP 20-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 20-SEP-2021 TO

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0012 POP 20-SEP-2021 TO

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0016 POP 20-SEP-2021 TO

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1001 POP 01-AUG-2022 TO

31-JUL-2023

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1002 POP 01-AUG-2022 TO

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1011 POP 01-AUG-2022 TO

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FOB: Destination

966403

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1016 POP 01-AUG-2022 TO

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966403

2001 POP 01-AUG-2023 TO

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2010 POP 01-AUG-2023 TO

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2011 POP 01-AUG-2023 TO

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2012 POP 01-AUG-2023 TO

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2014 POP 01-AUG-2023 TO

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2015 POP 01-AUG-2023 TO

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2016 POP 01-AUG-2023 TO

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3001 POP 01-AUG-2024 TO

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Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

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 Joseph C Daniels,, Contracting Officer, Post Office Box 867, 700 West Capitol, Room 7315, Little Rock, AR 72203

(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)

(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 quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Russell Cooper Address: RR #3 BOX 3559D, PIEDMONT MO 63957-9559 Telephone: 501-340-1476, cell 573-944-7299

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):

www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(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.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) 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

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

FEB 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39,500,000.

(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.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date…