W9128A-17-B-0001_Solicitation_.pdf

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REPLACE FUEL TANKS, Kwajalein Atoll, Republic of Marshall Islands
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INVITATION FOR BID NO. W9128A-17-B-0001

SPECIFICATIONS

FOR

FY17

REPLACE FUEL STORAGE TANKS,

Defense Fuel Supply Point, U.S. Army Kwajalein Atoll (USAKA) Republic of the Marshall Islands

U.S. Army Corps of Engineers

HONOLULU DISTRICT

W9128A-17-B-0001

Main Table of Contents i

Section 00 01 00 - Table of Contents

MAIN TOC

MAIN TABLE OF CONTENTS

Invitation for Bid (IFB) No. W9128A-17-B-0001, FY17 Replace Fuel Storage Tanks, Defense Fuel Supply Point, U.S. Army Kwajalein Atoll (USAKA), Republic of the Marshall Islands

Section 00 10 00 SF 1442 and Bid Schedule

Section 00 21 13 Instructions, Conditions and Notices To Bidders

Section 00 45 00 Representations and Certifications

Appendix A, SF LLL, Disclosure of Lobbying Activities

Section 00 72 00 Contract Clauses

Section 00 73 00 Special Contract Requirements

Attachment A, Financial Policy and Rate Manual

Attachment B, DA 4283, Facilities Engineering Work Request

Attachment C, KLS Form 1310, Dig Permit

Attachment D, Project Signs

Attachment E, Notice of Deficiency (NOD)

General Requirements Division 1

Divisions 2 thru 33 Technical Requirements

INSTRUCTIONS TO BIDDERS:

1. This procurement method is unrestricted design-bid-build procurement.

2. The Bidder is REQUIRED to COMPLETE AND RETURN ALL of the following sections of this solicitation: SECTION 00 10 00 and SECTION 00 45 00 (ALL) and all Appendices, and Bid Bond (See

Section 00 21 13, Provision 52.228-1). Please note that the representations and certifications must also be completed electronically via the Online Representations and Certifications Application (ORCA) website at http://sam.gov.

3. The bidder shall submit Subcontracting and Hiring Plan in accordance with Section 00 73 00, K-7, Utilization of Marshall Islands Subcontractors and Employment of Marshall Island Personnel.

4. Bidders must have and/or maintain an active registration with the System for Award Management

(SAM) website. To register in SAM, go to http://www.sam.gov.

5. Requests for Information (RFIs) shall be sent to W9128A-17-B-0001@usace.army.mil. The last day to submit RFIs is Thursday, 10 Aug 17, at 4:00 p.m., Hawaiian Standard Time.

http://www.sam.gov/ mailto:W9128A-16-B-0002@usace.army.mil

Main Table of Contents ii

SUBMITTAL OF BIDS:

Bids may be submitted via U.S. Postal Service, Courier Service, or personally delivered as follows:

A. Bids submitted via U.S. Postal Service should be mailed to:

U.S. Army Corps of Engineers, Honolulu District Contracting

Division, ATTN: Laurie Arvey/Marilyn Clark Building 230, Otake Street

Fort Shafter, Hawaii, 96858-5440

B. Bids submitted via courier service or hand delivered shall be to:

U.S. Army Corps of Engineers, Honolulu District Contracting

Division, ATTN: Laurie Arvey/Marilyn Clark Building 252, Walker Drive

Fort Shafter, Hawaii, 96858-5440

See Attachment A for a map to Building 252 at Fort Shafter.

Section 00 01 00, Attachment A, Map to Building 252

Entrance to Fort Shafter is through Buckner Gate.

Due to heightened security, please have the following items available to provide to the guard:

1) valid drivers license;

2) vehicle registration;

3) certificate of insurance; and

4) current safety inspection.

All passengers must have a current photo ID.

Individuals renting a car will need to provide:

1) valid drivers license; and

2) rental car agreement.

Please allow sufficient time to be allowed on post and to find parking. (At least 1 hour)

DESC1704 REPLACE FUEL STORAGE TANKS, DEFENSE FUEL SUPPLY POINT, KWAJALEIN ATOLL, MARSHALL ISLANDS

Funds are not presently available for this acquisition. No contract aw ard w ill be made until appropriated funds are made available.

X

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

25-Jul-2017

(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 _______7 calendar days and complete it w ithin ________1095 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________24 Aug 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______180 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

CECT - CONTRACTING DIVISION

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128A17B0001 85

Laurie Arvey 808-835-4388

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

Section 00 10 00

Section 00 10 00 - Solicitation

BID SCHEDULE

REPLACE FUEL STORAGE TANKS

DESC1704

DEFENSE FUEL SUPPLY POINT KWAJALEIN ATOLL, MARSHALL ISLANDS

BID SCHEDULE

Item No. Description of Item Estimated

Quantity Unit Unit Price Amount

BASIC ITEMS

0001 Mobilization and Demobilization 1 JOB XXX $____________

0002 New aboveground F-76 30,000 BBL Fuel Tanks 8, 9 and 10. 1 JOB XXX $____________

All work complete for the new aboveground JP-5 300,000 Gallon Fuel Tank. 1 JOB XXX $____________

0004 All work complete for the new aboveground MOGAS Unleaded Regular (MUR) 40,000 gallons Fuel Tanks 1, 2, 3 and 4.

JOB XXX $____________

0005 All work complete for the new POL Operations Building. 1 JOB XXX $____________

0006 All work complete for the new JP-5 Receipt Filter Building. 1 JOB XXX $____________

0007 Archaeological Mitigation.

1 JOB XXX $____________

0008 Environmental remediation of petroleum contaminated groundwater and liquid waste petroleum product and waste petroleum product materials.

0008AA Environmental remediation of petroleum contaminated groundwater and liquid waste petroleum product and waste petroleum product materials.

1 JOB XXX $____________

0008AB LSC Support Services for CLIN Item 0008AA (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL CLIN 0008 XXX XXX XXX $____________

0009 Remainder of work. 1 JOB XXX $____________

0010 Site DEMO for Basic Items.

0010AA Site DEMO for Basic Items.

1 JOB XXX $____________

0010AB LSC Support Services for CLIN Item 0010AA (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL CLIN 0010 XXX XXX XXX $____________

0011 LSC Support Services for Basic CLIN Items (See Section 00 70 00 Special Contract Clause K-32), excluding CLIN Items 0008 and 0010.

1 JOB XXX $____________

TOTAL BASIC AMOUNT (ITEMS 0001 THRU 0011) $____________

OPTION ITEMS

0012 Option 1, ATG equipment systems for F-76 Fuel Storage

Tanks and JP-5 Fuel Storage Tank 0012AA All work complete to provide ATG equipment systems for

F-76 Fuel Storage Tanks and JP-5 Fuel Storage Tank 1 JOB XXX $____________

0012AB LSC Support Services for CLIN Items 0012 (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL Option 1, CLIN 0012 XXX XXX XXX $____________ 0013 Option 2, Facility 964 – Fuel/POL Fac (Pumphouse) -

Maintenance and Repair (MR).

0013AA Replace issue meter and replace product recovery tank and foundation pad. 1 JOB XXX $____________

0013AB LSC Support Services for CLIN Items 0013 (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL Option 2, CLIN 0013 XXX XXX XXX $____________

0014 Option 3, Facility 964 – Fuel/POL Fac (Pumphouse) - Minor Construction (MC).

0014AA Facility 964 – Fuel/POL Fac (Pumphouse) - Minor Construction (MC) 1 JOB XXX $____________

0014AB LSC Support Services for CLIN Items 0014 (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL Option 3, CLIN 0014 XXX XXX XXX $____________

0015 Option 4, Facility 934 - Minor Construction (MC).

0015AA Facility 934, install new containment curb at doorway.

1 JOB XXX $____________

0015AB LSC Support Services for CLIN Items 0015 (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL Option 4, CLIN 0015 XXX XXX XXX $____________

0016 Option 5, Facility 923 - Maintenance and Repair (MR).

0016AA Facility 923, remove and replace o/w separator valves

1 JOB XXX $____________

0016AB LSC Support Services for CLIN Items 0016 (See Section 00 70 00 Special Contract Clause K-32) 1 JOB XXX $____________

TOTAL Option 5, CLIN 0016 XXX XXX XXX $____________

TOTAL AMOUNT OPTION ITEMS 0012 - 0016 $____________

TOTAL AMOUNT (BASIC PLUS ALL OPTION ITEMS) $____________

NOTES TO BID SCHEDULE:

1. Bid prices must be entered on all items of the BID SCHEDULE. Total amounts submitted without bid prices being entered on individual items will be rejected. Additions will be subject to verification by the Government. In case of variation between the Job (lump-sum) prices and the total amount, the lump-sum prices will be considered the bid. The Government reserves the right to exercise Option Item 0012 within 180 calendar days after Notice to

Proceed. The Government reserves the right to exercise the remainder of the options within 90 days after issuance of Notice to Proceed. See FAR 52.217-5 Evaluation of Options. Abbreviations: Minor Construction (MC);

Maintenance and Repair (MR); Demolition (DEMO).

2. FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

3. PAYMENTS

Compensation for all work to be performed under this contract will be made under the payment item(s) listed herein.

Prices(s) and payment(s) for the item(s) shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and cost performance-and payment-bond premiums as specified in the CONTRACT CLAUSES. Price(s) and payment(s) shall constitute full and final compensation for furnishing all materials, equipment, management, supervision, labor, transportation, fuel, power, water, and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS", the term "designated billing office" and "designated payment office" are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District Kwajalein Resident Office, Bldg 1075

USAKA

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 38054-5005

Item numbers mentioned hereinafter correspond to the item number in the BID SCHEDULE.

a. Item No. 0001: Mobilization and Demobilization, will be paid for at the contract price, complete, including erosion control measures; setup of contractor’s life support, work and storage areas, and concrete batch plant;

temporary project signs, dismantling of temporary work areas and removal from the island, cleanup, and all incidental items necessary to complete the work. Payment will also include the cost of premiums for performance and payment bonds specified in the CONTRACT CLAUSES. Payment for this item will be in the proportion of 70 percent mobilization and 30 percent demobilization.

b. Item No. 0002: New aboveground F-76 30,000 BBL Fuel Tanks 8, 9 and 10, will be paid for at the contract price, complete in place and ready for use, excluding demolition (CLIN 0010), but including construction of new tanks and fuel piping, sitework and utilities within tank containment area for the tanks, containment wall repair, catwalk relocation, testing, cleanup, and all incidental items necessary to complete the work.

c.. Item No. 0003: New aboveground JP-5 300,000 Gallon Fuel Tank, will be paid for at the contract price, complete in place and ready for use, excluding demolition (CLIN 0010), but including construction of new tank and fuel piping, sitework and utilities within tank containment area for the tank, containment wall repair, catwalk relocation, testing, cleanup, and all incidental items necessary to complete the work.

d.. Item No. 0004: New aboveground MOGAS Unleaded Regular (MUR) 40,000 gallons Fuel Tanks 1, 2, 3 and 4, will be paid for at the contract price, complete in place and ready for use, excluding demolition (CLIN 0010), but including construction of new tanks and fuel piping, sitework and utilities within tank cell area for the tanks, testing, cleanup, and all incidental items necessary to complete the work.

e.. Item No. 0005: New POL Operations Building out to point 5 feet outside of the building, will be paid for at the contract price, complete in place and ready for use, excluding demolition (CLIN 0010) and sitework and utilities outside of 5 foot building line (CLIN 0009), but including construction of new POL Operations Building out to a point 5 feet outside of the building, cleanup, and all incidental items necessary to complete the work.

f.. Item No. 0006: New JP-5 Receipt Filter Building, will be paid for at the contract price, complete in place and ready for use, excluding demolition (CLIN 0010) and sitework and utilities outside of 5 foot building line (CLIN 0009), but including construction of new JP-5 Receipt Filter Building out to a point 5 feet outside of the building, cleanup, and all incidental items necessary to complete the work.

g. Item No. 0007: Archaeological Mitigation will be paid at the contract price, for all work required to protect historical, archeological and cultural resources within the Contractor’s work area as shown on Sheets GC103 and GC104 of the drawings and specified in Section 01 57 20 ENVIRONMENTAL PROTECTION.

h. Item No. 0008, Item 008AA: Environmental remediation of petroleum contaminated groundwater and liquid waste petroleum product and waste petroleum product materials, will be paid for at the contract price, for Contaminated Media Management required for the project in accordance with USAKA Environmental Standards (See Section 01 57 20 ENVIRONMENTAL PROTECTION). Item 0008AB - LSC Support Services for Basic CLIN Item 0008 (See Section 00 70 00 Special Contract Clause K-32) will be paid at the contract price for this work.

i. Item No 0009: Remainder of work will be paid for at the contract price for all other site work and utilities not included in the other basic work items, but excludes Basic CLIN Items 0010, 0011 and Option items.

j. Item No. 0010: Site Demolition will be paid for at the contract price, for all demolition work required for performance of work for all basic work items. This includes, but not limited to Asbestos Abatement, Lead Based Paint Abatement, demolition of buildings, structures and existing infrastructure being removed and all other items within the Basic work items requiring removal.

k. Item No. 0011: LSC Support Services for Basic CLIN Items 0001, 0002, 0003, 0004, 0005, 0006, 0007, and 0009 (See Section 00 70 00 Special Contract Clause K-32) will be paid at the contract price for this work.

l. Item No. 0012AA: Option 1, Install ATG equipment systems for F-76 Fuel Storage Tanks, JP-5 Fuel Storage Tank and MOGAS Fuel Storage Tanks (ES503, ES506 & EP101OB) will be paid for at the contract price, complete in place and ready for use, including installation, connections, testing, and all incidental items necessary to complete the work.

m. Item No. 0013AA: Option 2, Bldg 964, Maintenance and Repair, Replace issue meter and replace product recovery tank and foundation pad (CS105, MS507, MS508 & ES508) will be paid for at the contract price, complete in place and ready for use, including removal and disposal of existing product recovery tank and vault, testing, and all incidental items necessary to complete the work.

n. Item No. 0014AA: Option 3, Bldg 964, Minor Construction will be paid for at the contract price, complete in place and ready for use, including installation of new slow fill piping on diesel filter separators (MS509), Emergency Fuel Shut Off system modifications (ES508), concrete containment curb at doorways (CS105), curbed concrete containment pad (CS105), testing, cleanup, and all incidental items necessary to complete the work.

o. Item No. 0015AA: Option 4, Bldg 934, Minor Construction will be paid for at the contract price, complete in place and ready for use, including installation of new concrete containment curb at doorway (CS105), testing, cleanup, and all incidental items necessary to complete the work.

p. Item No. 0016AA: Option 5, Bldg 923, Maintenance and Repair, removal and replacement of o/w separator valves (CS105 & CG402) will be paid for at the contract price, complete in place and ready for use, including removal, installation, testing, cleanup, and all incidental items necessary to complete the work.

q. Item Nos. 0012AB, 0013AB, 0014AB, 0015AB, 0016AB: LSC Support Services. See Special Contract Clause K-32.

SITE VISIT INFORMATION: Due to significant logistical constraints in travelling to Kwajalein Atoll, an organized site visit was held on 14 July 2017 based on information published in the pre-solicitation notice on FedBizOpps.gov on 16 Jun 2017. Offerors who are interested in visiting the site and were unable to attend the initial site visit, see FAR Clause 52.232-27, Section 00 21 13, Pg. 3, for contact information.

Section 00 21 13

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-22 Evaluation Of Bids For Multiple Awards MAR 1990 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.232-13 Notice Of Progress Payments APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

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

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

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

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

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

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

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

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

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; _XX_ 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 twenty percent (20%) of the bid price or $3,000,000, 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

U.S. Army Corps of Engineers, Honolulu District Contracting Division, ATTN: Contracting Officer (W9128A-17-B-0001) Building 252 (CECT-POH) Fort Shafter, Hawaii 96858-5440

(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)

52.236-27 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)

(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)

Site visits may be arranged by contacting Mr. Gary Shirakata at 808-835-4087, e-mail:

Gary.N.Shirakata@usace.army.mil; or Kimberly Warner at 805-355-0769, e-mail:

Kimberly.M.Warner@usace.army.mil.

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

(End of provision)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)

By submission of its offer, the Offeror represents that it--

(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, in the performance of this contract;

(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor employees and will comply with those policies in the performance of this contract; and

(c) Has notified its employees and subcontractors of--

(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or subcontractor employees, at any tier; and

(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for whistleblowing on trafficking in persons violations.

(End of provision)

S-36.2 MAGNITUDE OF THE PROPOSED PROJECT [FAR 36.204]

(a) Physical Characteristics:

Construct three 4,769-kiloliter (kL) (30,000-barrel) (BL) and one 1,136-kiloliter (kL) (7,100-barrel) aboveground steel storage tanks for fuel storage. Construct four 151 kL (40,000-gallon) aboveground steel storage tanks for motor gas (MOGAS) fuel. Construct a 149 square meter fuel filter building and 263 square meter fuel operations building. The work includes construction of aboveground distribution piping, site improvements, and utilities connections. Demolish ten existing fuel storage tanks and fuel operations building.

(b) Estimated Price Range: The estimated price range of this work is: $25,000,000 and $100,000,000.

[End of Statement]

Section 00 45 00, Lobbying Disclosure, Appendix A - 1

Refer to FAR Clause 52.203-12

Section 00 45 00, Lobbying Disclosure, Appendix A - 2

Section 00 70 00

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237120.

(2) The small business size standard is $36,500,000.

(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 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, 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) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(ix) 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.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). 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.

(xii) 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.

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

(xiv) 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.

(xv) 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.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 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.]

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

XX (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 via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 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.

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

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

Person--

(1) Means--

(i) A natural person;

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703- 4, by submission of its offer, the offeror—

(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and

(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any…

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