Solicitation_17Q0113.pdf

Repair Security Fence and Resurface Asphalt at Compound, El Dorado, Kansas

This is a 100% small business set-aside

The NAICS code for this project is 237310 and the size standard if $36.5M.

The magnitude of construction is betw een $25K and $100K

The receipt for quotes w ill be 31 August 2017 at 2:00pm CST

DIANE M CIANCI 918-669-7458

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

16-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

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 _______ calendar days and complete it w ithin ________10 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section 007300

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________31 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:

W912BV17Q0113 35

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

W912BV17Q0113

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 El Dorado Drawing 2 Attachment 2 El Dorado Drawing 1

Section 00 10 00 - Solicitation

BID SCHEDULE

BID SCHEDULE Sheet

Total C

Contractor:

Contract Number: W912BV17Q0113

PROJECT LOCATION: El Dorado Project Office, Kansas

DESCRIPTION:

Base Start Date:

Base Finish Date:

Line Item Number

Description of Services

Quantity Unit of Issue

Unit Price Amount

0001 The contractor shall provide labor, equipment, and materials needed to efficiently grind down and resurface the asphalt entry road, public parking areas and the asphalt area within the fenced compound.

Additionally, all equipment, supplies, materials and labor will be provided to bring the northern compound perimeter fence to an appropriate level with the asphalt to ensure security of the compound area

Total Task Order Based TOTAL COST

BID SCHEDULE FORM

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

52.236-28 Preparation of Proposals--Construction OCT 1997 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $0 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Contracting Officer, CECT-SWT-E, 1645 S. 101st East Avenue, Tulsa, OK 74128-4609.

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

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

Section 00 45 00 - Representations and Certifications

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

Influence Certain Federal Transactions

SEP 2007

52.204-3 Taxpayer Identification OCT 1998 52.204-7 System for Award Management OCT 2016 52.204-7 Alt I System for Award Management-- Alternate I JUL 2013 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.215-6 Place of Performance OCT 1997 52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

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

(2) The small business size standard is $36.5M.

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

(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 elinquent 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.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The offeror has completed the annual representations and certifications electronically 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.

https://www.acquisition.gov/

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 70 00 - Conditions of the Contract

Section 00 72 00 - General Conditions

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-15 Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-2 Alt I Security Requirements (Aug 1996) - Alternate I APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-18 Variation in Estimated Quantity APR 1984 52.222-32 Construction Wage Rate Requirements--Price Adjustment

(Actual Method)

JAN 2017

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-58 Subcontractor Responsibility Matters Regarding Compliance with Labor Laws (Executive Order 13673)

DEC 2016

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

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

FEB 2013

52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-24 Prohibition of Assignment of Claims 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 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.244-5 Competition In Subcontracting DEC 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7013 Limitations on the Use or Disclosure of Information by

Litigation Support Offerors

MAY 2016

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

MAY 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991

52.222-57 REPRESENTATION REGARDING COMPLIANCE WITH LABOR LAWS (EXECUTIVE ORDER

13673) (DEC 2016)

(a)(1) Definitions.

Administrative merits determination, arbitral award or decision, civil judgment, DOL Guidance, enforcement agency, labor compliance agreement, labor laws, and labor law decision as used in this provision have the meaning given in the clause in this solicitation entitled 52.222-59, Compliance with Labor Laws (Executive Order 13673).

(2) Joint ventures. If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.

(b)(1) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $50 million.

(2) For solicitations issued after April 24, 2017: The Offeror [ ___ ] does [ ___ ] does not anticipate submitting an offer with an estimated contract value of greater than $500,000.

(c) If the Offeror checked ``does'' in paragraph (b)(1) or (2) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]:

[ ___ ](1) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or

[ ___ ](2) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.

(d)(1) If the box at paragraph (c)(2) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide--

(i) For each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, the following, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):

(A) The labor law violated.

(B) The case number, inspection number, charge number, docket number, or other unique identification number.

(C) The date rendered.

(D) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision;

(ii) The administrative merits determination, arbitral award or decision, or civil judgment document to the Contracting Officer, if the Contracting Officer requires it;

(iii) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as Offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and

(iv) The information in paragraphs (d)(1)(i) and (d)(1)(iii) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see 4.1102(a)).

(2)(i) The Contracting Officer will consider all information provided under (d)(1) of this provision as part of making a responsibility determination.

(ii) A representation that any labor law decisions were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

http://www.sam.gov/

(iii) The representation in paragraph (c) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in part 49.

(e) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (c) of this provision is no longer accurate.

(f) The representation in paragraph (c) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).

Note to 52.222-57: By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined section 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.

52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)

(a) The Contractor shall submit one of the following payment protections:

Cashier’s check in the amount of your bid.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

Section 00 73 00 - Supplementary Conditions

WAGE RATES

General Decision Number: KS170020 01/06/2017 KS20

Superseded General Decision Number: KS20160020

State: Kansas

Construction Type: Highway

Counties: Butler, Doniphan, Franklin, Geary, Harvey, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Sedgwick, Sumner and Wabaunsee Counties in Kansas.

HIGHWAY CONSTRUCTION PROJECTS

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

SUKS2013-002 08/02/2013

Rates Fringes

CARPENTER (ROUGH)

Butler, Harvey, Sedgwick, Sumner......................$ 13.75 0.00 Doniphan, Franklin, Geary, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Wabaunsee............$ 13.73 0.00

CARPENTER

Butler, Harvey, Sumner......$ 15.44 0.00 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 17.04 0.00 Geary, Pottawatomie, Riley..$ 18.29 4.70 Segdwick....................$ 15.45 0.00

CONCRETE FINISHER................$ 15.31 0.00

ELECTRICIAN

Butler, Harvey, Sumner......$ 24.07 9.32 Doniphan, Franklin, Geary, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Wabaunsee............$ 21.89 6.58 Sedgwick....................$ 24.36 8.18

IRONWORKER, REINFORCING

Butler, Harvey, Sumner......$ 14.80 0.00 Doniphan, Franklin, Geary, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Sedgwick, Wabaunsee..$ 15.48 0.00

IRONWORKER, STRUCTURAL...........$ 26.56 0.00

LABORER (ASPHALT RAKER)

Butler......................$ 12.26 0.00 Doniphan, Franklin, Geary, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Wabaunsee............$ 12.08 0.00 Harvey, Sedgwick, Sumner....$ 11.16 0.00

LABORER (COMMON or GENERAL) Butler......................$ 12.27 0.00 Doniphan....................$ 17.06 0.00 Franklin....................$ 15.81 0.00 Geary.......................$ 11.43 0.00 Harvey......................$ 12.43 0.00 Jackson.....................$ 17.61 0.00 Jefferson...................$ 15.92 6.93 Linn........................$ 15.59 0.00 Osage.......................$ 15.24 0.00 Pottawatomie................$ 11.78 0.00 Riley.......................$ 12.99 0.00 Sedgwick....................$ 12.48 0.00 Sumner......................$ 11.83 0.00 Wabaunsee...................$ 14.03 0.00

LABORER (FLAGGER)

Butler......................$ 11.87 0.00 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 10.00 0.00 Geary, Pottawatomie.........$ 10.84 0.00 Harvey, Sedgwick, Sumner....$ 11.07 0.00 Riley.......................$ 10.75 0.00

POWER EQUIPMENT OPERATOR:

(ASPHALT PAVER SCREED)

Butler......................$ 14.87 2.64 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 14.35 0.00 Geary, Pottawatomie, Riley..$ 13.90 0.00 Harvey......................$ 14.62 0.00 Sedgwick, Sumner............$ 14.16 0.00

POWER EQUIPMENT OPERATOR:

(ASPHALT PAVING MACHINE)

Butler......................$ 14.26 2.52 Doniphan, Franklin, Linn....$ 19.36 0.00 Geary, Pottawatomie.........$ 17.51 0.00 Harvey, Sedgwick, Sumner....$ 14.18 0.00 Jackson, Jefferson, Wabaunsee...................$ 16.44 0.00 Osage.......................$ 15.77 0.00 Riley.......................$ 17.50 0.00

POWER EQUIPMENT OPERATOR:

(BACKHOE)

Butler......................$ 15.89 0.00 Doniphan, Franklin, Linn....$ 18.34 8.07 Geary, Pottawatomie, Riley..$ 16.16 1.99 Harvey, Sedgwick, Sumner....$ 15.73 0.00 Jackson, Jefferson, Wabaunsee...................$ 18.50 9.83 Osage.......................$ 17.63 0.00

POWER EQUIPMENT OPERATOR:

(BULLDOZER)

Butler, Harvey, Sedgwick, Sumner......................$ 19.27 0.00 Doniphan, Franklin, Linn....$ 16.51 5.39 Geary, Pottawatomie, Riley..$ 17.78 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 16.20 5.41

POWER EQUIPMENT OPERATOR:

(CONCRETE SAW)...................$ 13.18 0.00

POWER EQUIPMENT OPERATOR:

(CRANE)

Butler, Harvey, Sumner......$ 19.03 0.00 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 20.34 0.00 Geary, Pottawatomie, Riley..$ 22.41 4.86 Sedgwick....................$ 18.61 0.00

POWER EQUIPMENT OPERATOR:

(DISTRIBUTOR-BITUMINOUS)

Butler......................$ 14.79 0.00 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 16.21 0.00 Geary, Pottawatomie, Riley..$ 14.50 0.00 Harvey, Sumner..............$ 14.55 0.00

Sedgwick....................$ 14.76 0.00

POWER EQUIPMENT OPERATOR:

(EXCAVATOR)

Butler......................$ 15.39 0.00 Doniphan, Franklin, Linn....$ 16.77 0.00 Geary, Pottawatomie.........$ 17.64 4.31 Harvey, Sumner..............$ 15.84 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 17.61 9.30 Riley.......................$ 16.41 2.27 Sedgwick....................$ 16.90 0.00

POWER EQUIPMENT OPERATOR:

(FRONT END LOADER)

Butler......................$ 15.41 0.00 Doniphan, Franklin, Linn....$ 17.57 4.13 Geary, Pottawatomie, Riley..$ 12.50 0.00 Harvey, Sumner..............$ 14.97 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 17.73 4.26 Sedgwick....................$ 15.19 0.00

POWER EQUIPMENT OPERATOR:

(MATERIAL TRANSFER VEHICLE)

Butler, Harvey, Sedgwick, Sumner......................$ 13.45 0.00 Doniphan, Franklin, Geary, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Wabaunsee............$ 14.65 0.00

POWER EQUIPMENT OPERATOR:

(MECHANIC)

Butler, Harvey, Segwick, Sumner......................$ 19.24 0.00

POWER EQUIPMENT OPERATOR:

(MOTOR GRADER/FINISH)

Butler......................$ 17.50 0.00

POWER EQUIPMENT OPERATOR:

(MOTOR GRADER/ROUGH).............$ 17.22 2.31

POWER EQUIPMENT OPERATOR:

(MOTOR SCRAPER)

Butler......................$ 13.31 0.00 Doniphan, Franklin, Geary, Harvey, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Sedgwick, Sumner, Wabaunsee.$ 15.50 0.00

(ROADBED REMIXER)................$ 14.30 0.00

(ROLLER/COMPACTOR)

Butler......................$ 13.63 2.45 Doniphan, Franklin, Linn....$ 16.39 2.94 Geary, Jackson, Jefferson, Pottawatomie, Wabaunsee.....$ 13.65 0.00 Harvey......................$ 13.22 0.00 Osage.......................$ 14.05 0.00 Riley.......................$ 14.01 0.00 Sedgwick....................$ 12.70 0.00 Sumner......................$ 13.48 0.00

POWER EQUIPMENT OPERATOR:

(ROTARY BROOM)

Butler......................$ 11.96 0.00 Doniphan, Franklin, Jackson, Jefferson, Linn, Osage, Wabaunsee............$ 14.88 0.00 Geary, Pottawatomie, Riley..$ 12.47 0.00 Harvey, Sedgwick, Sumner....$ 11.85 0.00

POWER EQUIPMENT OPERATOR:

(ROTOMILL)

GROUNDMAN

Butler.....................$ 12.74 0.00 Harvey, Sedgwick, Sumner...$ 12.64 0.00

OPERATOR

Butler.....................$ 14.88 0.00 Doniphan, Franklin, Geary, Harvey, Jackson, Jefferson, Linn, Osage, Pottawatomie, Riley, Sedgwick, Sumner, Wabaunsee..................$ 19.28 0.00

POWER EQUIPMENT OPERATOR:

(SKIDSTEER LOADER)

Butler......................$ 14.22 0.00 Doniphan....................$ 18.27 6.22 Franklin, Linn..............$ 18.95 3.20 Geary.......................$ 15.04 0.00 Harvey, Sedgwick, Sumner....$ 14.69 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 17.32 10.43 Pottawatomie................$ 14.47 0.00 Riley.......................$ 15.20 0.00

POWER EQUIPMENT OPERATOR:

(TRACTOR)

Butler......................$ 13.31 0.00 Doniphan, Jackson, Jefferson, Linn, Osage, Wabaunsee...................$ 14.78 0.00 Franklin....................$ 15.21 0.00 Geary, Pottawatomie, Riley..$ 13.43 0.00 Harvey......................$ 12.92 0.00

Sedgwick....................$ 13.19 0.00 Sumner......................$ 12.39 0.00

Traffic control service driver...$ 11.00 0.00

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

(GROUNDMAN)

Butler, Harvey, Sedgwick, Sumner......................$ 13.02 0.00

TRAFFIC SIGNALIZATION:

Traffic Signal Installation

(LINEMAN)

Butler, Harvey, Sumner......$ 22.47 3.17 Sedgwick....................$ 22.15 3.22

TRUCK DRIVER (HEAVY

DUTY/OFF-ROAD)...................$ 12.86 0.00

TRUCK DRIVER (SINGLE AXLE)

Butler......................$ 13.87 0.00 Doniphan, Franklin, Linn....$ 17.50 0.00 Geary, Pottawatomie, Riley..$ 14.17 0.00 Harvey......................$ 15.38 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 14.02 0.00 Sedgwick....................$ 16.73 0.00 Sumner......................$ 14.91 0.00

TRUCK DRIVER (TANDEM)

Butler, Harvey, Sedgwick....$ 13.64 0.00 Doniphan, Franklin, Linn....$ 14.60 0.00 Geary, Pottawatomie.........$ 14.03 0.00 Jackson, Jefferson, Osage, Wabaunsee...................$ 14.87 0.00 Riley.......................$ 13.98 0.00 Sumner......................$ 12.79 0.00

TRUCK DRIVER (TRIPLE AXLE and

SEMI)

Butler......................$ 14.06 1.87 Doniphan, Franklin, Linn....$ 18.19 3.31 Geary, Pottawatomie.........$ 14.94 0.00 Harvey......................$ 14.15 0.00 Jackson, Jefferson, Wabaunsee...................$ 17.61 0.00 Osage.......................$ 18.34 0.00 Riley.......................$ 14.78 0.00 Sedgwick, Sumner............$ 14.34 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

Section 01 00 00 - General Requirements

SCOPE OF WORK

Section 01 10 00 - Statement of Work

SCOPE OF WORK

Asphalt Re-surfacing and Fence Repair El Dorado Lake Project Office

PART 1 – GENERAL

1.1 SCOPE OF WORK

The contractor shall provide labor, equipment, and materials needed to efficiently grind down and resurface the asphalt entry road, public parking areas and the…