W912BV17Q0109.pdf

Reinforced Concrete Culvert Pipe Installation, Wahoo Bay Park Entrance, Ft. Gibson, Oklahoma.

This is a 100% Total Small Business Set-Aside.

NAICS code: 237110 Size Standard: $36.5 million

The estimated price is less than $25,000.

PUNNIE CHITTCHANG 918.669.7544

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

01-Aug-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

X

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 _______30 calendar days and complete it w ithin ________30 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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.)

YES X 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 ______________16 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 is, X is not required.

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIV

USACE, TULSA 1645 S 101 E AVE

TULSA OK 74128-4609

W912BV

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:

W912BV17Q0109 27

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

W912BV17Q0109

Section 00 00 00 - Procurement and Contracting Requirements

INSTRUCTIONS TO OFFERORS

W912BV-17-Q-0109

IMPORTANT INFORMATION

Read the solicitation in its entirety and all amendments and complete the checklist before submitting documents.

All questions regarding this solicitation contact Pun Chittchang at 918-699-7544 or punnie.chittchang@usace.army.mil.

For all wage rates questions, call 918-669-4909.

All email correspondence shall reference the solicitation number of this requirement. The solicitation number can be found in Block 5.

All information regarding the solicitation can be found on fbo.gov. Ensure to check regularly or subscribe to updates through FBO.gov to see if any amendments or documents are issued before the solicitation due date and time.

Site visits are routinely offered to potential offerors for services and construction requirements. Site visits are not mandatory but highly encouraged for potential offerors to attend. Information regarding site visits will be posted on FBO.gov.

Payments will be made after receipt of a proper invoice and receipt of acceptable supplies or services.

Do not delay submitting a quote while your information is processing at www.dnb.com or SAM (System For Award Management). Your registration must be finalized by the time selection of award is made.

Regular office hours: Monday to Friday, 8:00 a.m. to 4:30 p.m. CST

MAIL, FAX, EMAIL YOUR DOCUMENTS

Do not include excess information, to include audio-visual materials, electronic media, CD’s, thumbdrives, etc. or pages of the solicitation that do not contain information provided by the perspective offeror. NO cross outs or strike through marks. Submit a legible quote with no correction marks.

EMAIL

Emailed quotes in Adobe .PDF file format are the only acceptable methods of submitting a quote electronically. All documents must be attached in one file. Reference the solicitation in the subject line. Send quotes to E-mail address punnie.chittchang@usace.army.mil. Ensure your quote is received before the due date and time. In order for your quote to be considered responsive, all required materials must be received before the due date and time. If all required materials are not received your quote will not be considered. If you do not receive an email response that your quote was received, your quote was not received.

IMPORTANT INFORMATION

FAX or MAIL Include a cover sheet that references the Contract Specialist –Pun Chittchang and the solicitation number.

When submitting through mail ensure you clearly mark the envelope to:

PUN CHITTCHANG, CECT-SWT-E

TULSA DISTRICT CORPS OF ENGINEERS

1645 S. 101ST EAST AVE

TULSA, OK 74128-4609

Clearly mark the envelope in the lower left hand corner with the solicitation number. All pages should be numbered. Use only 8 ½ by 11 inch paper for fax or mail submissions. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, or condensed print for any submission. Time New Roman or Arial Font are the only acceptable fonts. All page margins must be at least 1 inch wide, but may include headers and footers. Only submit using single-sided paper. Do not use double-sided printing. Illegible handwritten quotes will not be considered. Typed quotes are highly encouraged and the preferred method. Do not use spring clamps, staples or exceed the recommended capacity of the fastener or binder. Do not use plastic multi-hole/spiral binding systems, heat binding systems, or other systems which do not facilitate the ready insertion of additional pages or removal of pages. DO NOT use tabbed dividers, flagged tabs or any divider that extends beyond the paper size to separate sections. The pages must be able to be removed from their binding without ripping or tearing.

Ensure to allow enough time to submit your quote before the due date and time.

HAND DELIVER

If your submission will be hand-carried, please provide notification to the Contract Specialist at least one working day in advance (918-669-7544) or punnie.chittchang@usace.army.mil, as unescorted visitors are not allowed in the Contracting Division offices. Please consider in your arrival that visitors must go through security check points.

Offerors can only submit their documents to the Contract Specialist or a Contracting Officer of the Tulsa District Office. The address of the Tulsa District Office is below:

TULSA DISTRICT CORPS OF ENGINEERS

1645 S. 101ST EAST AVE

TULSA, OK 74128-4609

This procurement is being conducted in accordance with FAR Part 13, Simplified Acquisition Procedures (SAP) and FAR Part 12, Acquisition of Commercial Items. Any reference to offers or bids or offerors or bidders should be substituted with quotations or quoters. All reference to discussions shall not be interpreted under FAR Part 15, but rather indicates that the Government may communicate with quoters as allowed under simplified acquisition procedures.

QUOTE PREPARATION CHECKLIST

DO NOT RETURN THIS CHECKLIST

Important items for you to check are included, but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper quote. Do not return the checklist with your quote.

____ Have you obtained a DUNS number? Provide your Duns number on the first page or cover page.

A duns number can be obtained through the D&B D-U-N-S Request Service at http://fedgov.dnb.com/webform.

____ Have you registered in System For Award Management (SAM)?

The name you use to submit a quote must be the exact name you use to register in SAM. Do not delay returning a quote while processing your SAM entry.

http://www.sam.gov It does not cost to register into SAM.

_____ Is the NAICS code on the solicitation incorporated into your SAM profile?

This solicitation is being advertised under the North American Industrial Classification Systems (NAICS) Code 237110 (listed in Box 10 on Page 1 of the SF 1442). You must ensure this NAICS Code is incorporated into your current SAM Profile if your company can provide the type of product or service applicable to this NAICS Code. Failure to have this NAICS Code in your current SAM Profile may result in not being considered for award. NAICS Codes may be viewed at the U.S. Census Bureau website at http://www.census.gov/eos/www/naics.

____ Have you entered a unit price for each line item?

The quantity multiplied by the unit price equals the total amount. Ensure all prices on line items are filled in. All line items must be priced to be considered for award. Unit prices must be rounded to the nearest cent (hundredths).

$20.56 IS an acceptable price.

$20.564 IS NOT an acceptable price.

Do not round total amount numbers.

If your price exceeds $2,000 for construction work or $2,500 for services, you will be required to pay employees at least the wage rates specified in the applicable wage decision/determination.

____ NO cross outs or strike through marks. Submit a legible quote with no correction marks.

QUOTE PREPARATION CHECKLIST (CONT)

____ Did you sign the original solicitation?

Ensure to include the first page of the solicitation and fill out block 12, 17a, 30a, 30b, and 30c. A signature of an authorized individual is required for your quote.

____ Have you acknowledged all amendments, if any have been issued?

Acknowledge amendments by signing and dating the first page of the amendment. Ensure to read the amendment to determine if further documents are required to be submitted and to see what changes have been made to the solicitation. Reference the solicitation number in the subject line when submitting.

____ Have you submitted all information to evaluate your offer?

Refer to the Important Information and section M, 52.212-2 Evaluation- Commercial Items. You may need to submit references, relevant work experience or past performance information for the government to evaluate your quote.

____ Does your offer have a .pdf file extension if submitting electronically?

____ Have you provided a telephone number you can be reached during the business hours of 8:00 a.m. to 4:30 p.m. CST?

____ Have you considered the amount of labor, equipment, mobilization, and materials needed to perform all the work required by the specifications? Are your figures legible?

You must read the Scope of Work in the entirety.

_____ Have you allowed enough time to submit your quote before the due date and time?

_____ Do not return every page of the solicitation.

Only return pages that are providing information regarding your quote. If you did not provide any information on a page, do not include this page. Example. If you filled out page 1, 2, 6 and 10 of the solicitation only return pages 1, 2, 6 and 10. You may include a cover page or additional pages that provide information that is requested.

Performance and Payment Bonds will not be required for this project.

Section 00 10 00 - Solicitation

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

PRICING SCHEDULE

PRICING SCHEDULE

RCP Culvert Replacement

Wahoo Bay Park Area Ft Gibson Lake Project, Oklahoma

Item No. Description Quantity Unit Amount

0001 Remove old culvert and replace with RCP 1 Job $____________________ To include flares and excavation at Wahoo Bay, Ft Gibson Lake, Oklahoma, in accordance with the Statement of Work.

NOTE: Price shall include all labor, fuel, tools, equipment, materials, supplies and all other necessary items to complete the tasks stated in the scope of work.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

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 information will be issued by amendment.

(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/VFFARA.HTM

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at 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 FAR 52.204-8(c) and paragraph (d) 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 provision 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/DFARS 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 located in the SAM database.

Section 00 45 00 - Representations and Certifications

52.204-13 System for Award Management Maintenance OCT 2016 252.204-7004 Alt A System for Award Management Alternate A FEB 2014

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

10.0 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is [Contracting Officer shall insert description of the geographical areas where the contract is to be performed, giving the State, county, and city].

52.222-26 EQUAL OPPORTUNITY (SEPT 2016) ALTERNATE I (FEB 1999)

Notice. The following terms of this clause are waived for this contract:N/A.

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

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,

(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by—

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;

provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.

(End of clause)

Section 00 70 00 - Conditions of the Contract

Section 00 72 00 - General Conditions

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.236-7000 Modification Proposals-Price Breakdown DEC 1991

Section 00 73 00 - Supplementary Conditions

WAGE RATES

Wage Rates Muskogee County

General Decision Number: OK170033 01/06/2017 OK33

Superseded General Decision Number: OK20160033

State: Oklahoma

Construction Type: Heavy

Counties: Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Okfuskee, Ottawa and Washington Counties in Oklahoma.

HEAVY CONSTRUCTION PROJECTS (including sewer/water line construction; heavy construction projects on treatment plants) (excludes heavy dredging and water well drilling)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2017

* ELEC1002-005 07/03/2016

Rates Fringes

ELECTRICIAN......................$ 34.88 29%+5.25

ENGI0627-017 06/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR:

Group 1.....................$ 28.05 12.58 Group 2.....................$ 26.35 12.58 Group 3.....................$ 25.80 12.58 Group 4.....................$ 25.05 12.58 Group 5.....................$ 24.55 12.58 Group 6.....................$ 24.10 12.58 Group 8.....................$ 22.10 12.58 Group 9.....................$ 21.60 12.58 Group10.....................$ 21.10 12.58

POWER EQUIPMENT OPERATOR

GROUP 1: All Crane Type Equipment 200 ton and larger and including 400 ton capacity cranes. All Tower Cranes.

GROUP 2: All Crane Type Equipment 100 ton capacity and larger cranes, and less than 200 ton capacity.

GROUP 3: All Crane Type Equipment 50 ton capacity and larger cranes, and less than 100 ton capacity. Crane Equipment (as rated by mfg.) 3 cu. yd. and over Guy derrick Whirley Power Driven Hole Digger (with 30' and longer mast).

GROUP 4: CRANES with Boom Incl. Jib less than 100 ft and less than 3 cu. Yd.; Overhead Monorail Crane; MECHANIC; BACKHOE;

TRACKHOE; GRADER/BLADE; Power Driven Hole Digger with less than 30' mast

GROUP 5: BULLDOZER; BOBCAT/SKID STEER/SKID LOADER

GROUP 6: Rotary Drilling Machine when operated from console

GROUP 8: FORK-LIFT; TRACTOR

GROUP 9: PUMPS

GROUP 10:OILER

IRON0584-020 06/01/2015

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 24.00 13.53

TEAM0516-006 05/30/2016

Rates Fringes

TRUCK DRIVER

(3) Flatbed Truck...........$ 24.78 10.30

SUOK2012-011 05/18/2012

Rates Fringes

CARPENTER (Form Work Only).......$ 14.00 0.00

LABORER: Common or General......$ 12.41 0.00

LABORER: Pipelayer..............$ 13.29 0.00

OPERATOR: Scraper...............$ 14.00 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

SCOPE OF WORK

Specifications of Work

Reinforced Concrete Culvert Pipe Installation Wahoo Bay Park Entrance

Ft Gibson Project, Oklahoma

PART 1 – GENERAL

1.1 SCOPE OF WORK. The contractor shall provide all labor, fuel, materials, tools and equipment to remove failing CMP (Corrugated Metal Pipe) culvert and replace with a RCP (Reinforced Concrete Pipe) culvert to include 2 (two) reinforced concrete headwalls and an asphalt finished surface.

A site visit by prospective bidders is highly encouraged to determine exact site conditions and work requirements. Work will be performed at the entrance to Wahoo Bay Park.

1.2 REFERENCES. All work shall be accomplished in accordance with all State of Oklahoma and National standard work practices and laws.

1.3 BASIS FOR PAYMENT. The contractor may invoice for payment after all work has been completed, inspected and accepted by the Government. Contractors invoice shall include as a minimum, contractors name, contract number, invoice number and date. Mail, email, fax or hand deliver invoice and other required forms to: Corps of Engineers, Ft Gibson Office, 8568 State Hwy 251A, Ft Gibson, Ok. 74434

1.4 WORK HOURS. The contractor may work between the hours of 7:00 a.m. to 4:30 p.m., Monday through Fridays with the exception of Federal Holidays. Any proposed changes to the work hours must be approved by the Contracting Officer Representative.

1.5 COMPLETION TIME. Work shall be completed within 30 calendar days.

1.6 SAFETY REQUIREMENTS. The contractor shall comply with the latest on-line version of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and all applicable Federal, State, and local safety codes and practices. It is the contractor’s responsibility to insure public safety during the entire duration of the contract. Necessary signs, barriers, warning devices, etc. shall be operated and maintained by the contractor at contractor expense. Contractor employees shall comply with the minimum dress requirements as stated in Chapter 5 of EM 385-1-1

1.6.1 The following sections of the manual are particularly applicable to the work under these specifications.

Section 5 – Personal Protective and Safety Equipment; Section 13 – Hand and Power Tools (Chain Saws);

Section 14 – Material Handling, Storage, and Disposal; Section 18 – Machinery and Mechanized Equipment; Section 18 – Motor Vehicle Operation. Workers shall be required to comply with the minimum clothing requirements for field work which includes short sleeve shirt, long pants, leather or protective work boots, and proper head, ear, hand, and eye protection as necessary. Persons exposed to vehicular traffic shall wear reflective vests or high visibility apparel. Traffic warning signs will be required when equipment is parked on the roadway and a flagman present to direct traffic anytime equipment and personnel are working from or on the roadway. The work plan shall include procedures to follow in case of injury accidents.

The Contractor shall review the safety requirements with all workers prior to any work under this Contract.

1.7 EQUIPMENT. All equipment used to perform work under this contract shall be in good operating and mechanical condition and shall comply with Section 18 of EM 385-1-1. Equipment shall be inspected by the contractor and the inspection reports, upon request, shall be submitted to the Contracting Officer Representative (COR) prior to utilization of such equipment to accomplish work on this contract.

1.8 WEATHER LIMITATIONS. Normal limitations expected.

1.9 SUBMITTALS. The contractor and sub-contractors, if applicable, may be required to furnish certain submittals. These submittals may be certifications of materials, safety plans, drawings, training certifications, work plans, and other requirements from the USACE Safety Office. These will be specifically listed and shall be furnished to the Contracting Officer or the Contracting Officer Representative. Submittals requiring Government approval shall be formally prepared and approval granted prior to proceeding with work involving these submittals. FIO (For Information Only) submittals do not require Government approval.

1.9.1 Work Plan. The Contractor’s work plan shall be submitted to the Contracting Officer or Contracting Officer’s Representative for approval prior to the beginning of work. The work plan shall provide detailed procedures defining the Contractor’s provisions for scheduling and work activities.

1.9.2 Safety Plan. A Safety plan for work procedures and safety and health protection shall be approved prior to beginning work. This plan shall include the procedures for equipment operation, public safety precautions, and traffic control if applicable. The safety plan shall include procedures to follow in case of injury accidents. The Contractor shall review the safety requirements with all workers prior to any work.

1.10 PRE-WORK CONFERENCE. A pre-work conference will be held with the Contracting Officer Representative and contractor prior to the commencement of any work. The contractor’s responsible person and necessary administrative staff will be required to attend this meeting as well as the exchange of contact information. Procedures for proper invoicing and payment, schedule, etc., shall be covered at this time.

1.11 ENVIRONMENTAL CLEANUP. The contractor shall maintain a clean work…