W912DS-17-B-0007_Port_Monmouth.pdf

A. Project: Port Monmouth, NJ Hurricane and Storm Damage Reduction Project –Flood Risk Management Components-Phase II, Contract 4 B. The project includes levees, f loodw alls, tw o road closure structures, and regrading of Route 36.

D. The project magnitude is betw een $25,000,000 and $50,000,000.

E. This acquisition w ill be 100% Full & Open w ith Hubzone Price Evaluation Preference.

F. Contract Specialist is Ivan V. Damaso, ivan.v.damaso2@usace.army.mil.

G. Submit Bid no later than 2:00 P.M. EST on 05 September 2017 to:

U.S. Army Corps of Engineers Contracting Division 26 Federal Plaza, Rm 1843 New York, NY 10278-0090

Due to heightened security at U.S. Government installations, all of ferors are instructed to allow ample time to get through the security check in order to have their bids delivered before 2PM to the address above.

X

IVAN V DAMASO 917-790-8176

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

03-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 _______5 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sec. 00 73 00

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________2 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________05 Sep 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______120 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

US ARMY CORPS OF ENGINEERS, NEW YORK

26 FEDERAL PLAZA, RM 1843

NEW YORK NY 10278-0090

W912DS

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)

212 -264-3013FAX:TEL: (917)790-8173 TEL: FAX:

W912DS17B0007 95

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

W912DS17B0007

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Floodwall

FFP

All work necessary to construct the concrete T-wall between STA 0+00 and STA 36+39.33 and 46+36 to 48+49 including but not limited to wall foundation sheet pile cut-off wall, toe drain, excavation, shoring, dewatering, and backfill with satisfactory material in accordance with the drawings and specifications, but not including Bid Items 0003-0006, and Bid Items 0009-0019.

FOB: Destination

NET AMT

0002 1 Job Levee

FFP

All work necessary to construct the earthen embankment levee between STA 36+20 and STA 46+60 including but not limited to the embankment, ramps, toe drain, and inspection trench excavation, shoring, and backfill with satisfactory material, in accordance with the drawings and specifications, but not including Bid Items 0003-0006.

0003 3,100 Cubic

Yard

Contaminated Non-Hazardous Material

FFP

All Work for Handling, Transport, Treatment and Off-Site Disposal of Upland Material Exceeding NJDEP Non-Residential Soil Cleanup Criteria and classified as Contaminated Non-Hazardous (ID 27 Waste) suitable for landfill cover, roadway subbase and recycling facilities, complete.

“Estimated Quantities”

0004 15,510 Cubic

Haul and Dispose of Excess or

Unsatisfactory Material at Offsite Location

All work necessary to haul and dispose of excess or unsatisfactory material at an approved off-site location in accordance with the drawings and specifications.

0005 2,405 Cubic

Borrow Material

All work necessary to obtain borrow material satisfactory for backfill and transport it to the project site in accordance with the drawings and specifications.

0006 1 Job Appurtenant Items

FFP

All work necessary to construct the drainage swales with erosion control matting, stormwater outlet pipes including motorized sluice gate, concrete structure for the outlet and inlet of the pipe, and electric lines, manholes, manhole covers, removal and plugging of existing culvert and utility mains, saw cut pavement and re-built pavement, regrade property and remove trees at 203 Wilson Avenue, traffic control and signs, removal and replacement of beam guide rail, chain link fence, Henry Hudson Trail, clearing and grubbing, planting and seeding, erosion and sediment control measures, and site restoration, in accordance with the drawings and specifications.

0007 1 Job Broadway Road Closure Gate

FFP

All work necessary to construct the road closure gate including but not limited to excavation; shoring; backfill with satisfactory material; roller gate; gate structure;

winches; block and tackle system; new electrical service; exterior electrical power panel with circuitry, wiring and conduit; gas and sanitary pipes (disconnect, remove, temporary sanitary by-pass, install and reconnect permanent pipes); traffic control and signage; erosion and sediment control measures; and site restoration in accordance with the drawings and specifications, but not including Bid Items 0003- 0006, Bid Items 0009-0019.

0008 1 Job Campbell Ave Road Closure Gate

FFP

All work necessary to construct the road closure gate including but not limited to excavation; shoring; backfill with satisfactory material; roller gate; gate structure;

winches; block and tackle system; new electrical service; exterior electrical power panel with circuitry, wiring and conduit; gas, water and sanitary pipes (disconnect, remove, temporary sanitary by-pass, install and reconnect permanent pipes); traffic control and signage; erosion and sediment control measures; and site restoration in accordance with the drawings and specifications, but not including Bid Items 0003- 0006 and Bid Items 0009-0019.

0009 119,300 Linear

Foot

Steel H-Piles

All work necessary to furnish and install steel piles for floodwall and road closure gates in accordance with the drawings and specifications, but not including Bid Items 0010-0013. The Contractor's equipment must be able to drive piles with lengths ranging from 50 feet to 100 feet. “Estimated Quantities”

0010 7 Each Furnish and Drive Test Pile Sets

FFP

All work necessary to furnish and install test pile sets consisting of two (one primary and one secondary) piles in each set, but not including Bid Items 0011 - 0013.

Static Load Tests

FFP

This is an informational line item. Please enter your pricing for Sub-CLINs 0011AA, 0011AB, 0011AC, and 0011AD.

0011AA 7 Each

Static Compressive Load Tests for Primary Test Piles

All work to perform static compressive load tests for the primary test piles including calibration of the extensometers, load cell, and hydraulic jack; driving all reaction/support piling; placing and removing load frame for each test; placing and removing test loads and test equipment; extracting reaction or support piles;

backfilling pulled pile holes; submission of load test results/report; and all operations incidental thereto. The number of primary static compressive load tests is fixed.

0011AB 2 Each

Static Tension Load Tests for Primary Test Piles

All work to perform static compressive load tests for the primary test piles including calibration of the extensometers, load cell, and hydraulic jack; driving all reaction/support piling; placing and removing load frame for each test; placing and removing test loads and test equipment; extracting reaction or support piles;

backfilling pulled pile holes; submission of load test results/report; and all operations incidental thereto. The number of primary static compressive load tests is fixed.

0011AC 7 Each

Static Compressive Load Tests for the Secondary Test Piles

All work to perform static compressive load tests for the secondary test piles including calibration of the extensometers, load cell, and hydraulic jack; driving all reaction/support piling; placing and removing load frame for each test; placing and removing test loads and test equipment; extracting reaction or support piles;

backfilling pulled pile holes; submission of load test results/report; and all operations incidental thereto. The number of secondary pile tests that will be performed are not fixed and are up to the discretion of the Contracting Officer. The quantity shown is the maximum number of tests that may be performed on the secondary piles.

0011AD 2 Each

Static Tension Load Tests for the Secondary Test Piles

All work to perform a static tension load test for the secondary test pile including calibration of the extensometers, load cell, and hydraulic jack; driving all reaction/support piling; placing and removing load frame for each test; placing and removing test loads and test equipment; extracting reaction or support piles;

backfilling. The number of secondary pile tests that will be performed are not fixed and are up to the discretion of the Contracting Officer. The quantity shown is the maximum number of tests that may be performed on the secondary piles.

0012 76 Each Job Pile Dynamic Tests

FFP

All work for performing dynamic load tests for job piles including calibration of testing equipment; use of testing equipment; use of equipment used to apply the loading; wave equation analysis; CAPWAPC or similar analysis; submission of load test results/report; and all operations incidental thereto.

Test Pile Dynamic Tests

FFP

This is an informational line item. Please enter your pricing for Sub-CLINs 0013AA and 0013AB.

0013AA 7 Each

Test Pile Dynamic Tests for Primary Test Piles

All work for performing dynamic load tests for the test piles including calibration of testing equipment; use of testing equipment; use of equipment used to apply the loading; wave equation analysis; CAPWAPC or similar analysis; submission of load test results/report; and all operations incidental thereto.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013AB 7 Each

FFP

Test Pile Dynamic Tests for Secondary Test Piles

All work for performing dynamic load tests for the test piles including calibration of testing equipment; use of testing equipment; use of equipment used to apply the loading; wave equation analysis; CAPWAPC or similar analysis; submission of load test results/report; and all operations incidental thereto.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 1 Job

Telecommunications Utility

FFP

Disconnect, remove, install and reconnect permanent Verizon telecommunications lines and service connections, providing all labor, equipment and material for this work, including poles, cables, and traffic protection. Not to exceed allowance amount of $152,000 to be included in bid as shown and not changed. Actual payment will be based on actual costs up to the not to exceed amount.

FOB: Destination

$152,000

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 1 Job

Electric Utility Materials & Inspection

FFP

Provide specified electrical re-routing materials, provide inspection services for installation and connection of JCP&L electrical lines and service connections, and dispose of removed utility poles owned by JCP&L. Not to exceed allowance amount of $290,000 to be included in bid as shown and not changed. Actual payment will be based on actual costs up to the not to exceed amount.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 1 Job

Electric Utility Installation

FFP

All work as described in Specifications Section 00 90 05, JCP&L Requirements, excluding work indicated under Bid Item 0015, Electric Utility Materials and Inspection. This item shall include temporary electrical work and material required to construct the project.

FOB: Destination

$290,000

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 1 Job

Cable Utility

FFP

Disconnect, remove, install and reconnect permanent Comcast cable lines and service connections, providing all labor, equipment and material for this work. Not to exceed allowance amount of $23,000 to be included in bid as shown and not changed. Actual payment will be based on actual costs up to the not to exceed amount.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 1 Job

Natural Gas Utility

FFP

Install and remove temporary gas bypass, disconnect and remove existing gas pipe, install and reconnect permanent New Jersey Natural Gas pipe, providing all labor, equipment and material for this work, including excavation, traffic control, restoration, and dewatering required to perform this work, except for supply and installation of steel sleeve which is included in Bid Item 0008. Not to exceed allowance amount of $55,000 to be included in bid as shown and not changed.

Actual payment will be based on actual costs up to the not to exceed amount.

FOB: Destination

NET AMT

$23,000

$55,000

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 1 Job

Vibration Monitoring of Structures

FFP

All work necessary to monitor the vibration of structures, in accordance with the drawings and specifications.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Wetland Mitigation Bank Credits

FFP

Purchase credits from a NJDEP approved wetland mitigation bank certified to sell credits in Watershed Management Area 12 for project impacts to freshwater wetlands.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 1 Job

Route 36 Regrading

FFP

All work necessary to regrade Route 36 including traffic control and signs in accordance with the plans and specifications.

FOB: Destination

NET AMT

0.03 Credits

"Estimated Quantities"

0022 1,600 Cubic

OPTION OPTION 1

Contaminated Non-Hazardous Material

All Work for Handling, Transport, Treatment and Off-Site Disposal of Upland Material Exceeding NJDEP Non-Residential Soil Cleanup Criteria and classified as Contaminated Non-Hazardous (ID 27 Waste) suitable for landfill cover, roadway subbase and recycling facilities, complete. “Estimated Quantities”

0023 1 Job

OPTION OPTION 2

FFP

Liability Insurance

New Jersey Department of Environmental Protection (NJDEP), Monmouth County, and Middletown Township Liability Insurance. The amount bid will be the maximum amount payable. Actual payment will be based on actual costs.

0024 300 Each

OPTION OPTION 3

FFP

Splicing

All work necessary to splice steel piles in accordance with the drawings and specifications.

0025 3,700 Linear

OPTION OPTION 4

Steel H-Piles

All work necessary to furnish and install additional length of steel piles for floodwall and road closure gates in accordance with the drawings and specifications, not included in Bid Item 0009. The Contractor's equipment must be able to drive piles with lengths ranging from 50 feet to 100 feet. “Estimated Quantities”

0026 5,000 Linear

OPTION OPTION 5

Steel H-Piles

All work necessary to furnish and install additional length of steel piles for floodwall and road closure gates in accordance with the drawings and specifications, not included in Bid Item 0009. The Contractor's equipment must be able to drive piles with lengths ranging from 50 feet to 100 feet. “Estimated

0027 10,000 Linear

OPTION OPTION 6

Steel H-Piles

All work necessary to furnish and install additional length of steel piles for floodwall and road closure gates in accordance with the drawings and specifications, not included in Bid Item 0009. The Contractor's equipment must be able to drive piles with lengths ranging from 50 feet to 100 feet. “Estimated

0028 10,000 Linear

OPTION OPTION 7

Steel H-Piles

All work necessary to furnish and install additional length of steel piles for floodwall and road closure gates in accordance with the drawings and specifications, not included in Bid Item 0009. The Contractor's equipment must be able to drive piles with lengths ranging from 50 feet to 100 feet. “Estimated

NOTES AND TOTALS

NOTES:

1. Bidders are required to bid on all items on the Bid Schedule or their bid will be rejected.

2. The low bidder for the purpose of award will be the confirming responsible bidder offering the lowest price for the Total Base Bid and Optional Bid Amount for all Items. The Government is under no obligation to award the optional items.

3. Any bid which is materially unbalanced as to prices for the Base Bid and Optional Items may be rejected. An unbalanced bid is one in which the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques.

4. Bidders are reminded that they must bid on the issued plans and specifications as amended. Any deviations, conditions or attachments made by the bidders thereto may render the bid non-responsive and be cause for its rejection.

5. The Options may be exercised at the discretion of the Government and are not mandatory.

6. If Option #1 is exercised, Bid Item No. 0022 shall be exercised within 670 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

7. If Option #2 is exercised, Bid Item No. 0023 shall be exercised within 60 calendar days of issuance of the Base Bid NTP. No additional time shall be added to the contract performance period.

8. If Option #3 is exercised, Bid Item No. 0024 shall be exercised within 548 calendar days of issuance of the Base Bid NTP. No additional time should be added to the contract performance period.

9. If Option #4 is exercised, Bid Item No. 0025 shall be exercised within 548 calendar days of issuance of the Base Bid NTP. An additional 14 calendar days should be added to the contract performance period.

10. If Option #5 is exercised, Bid Item No. 0026 shall be exercised within 548 calendar days of issuance of the Base Bid NTP. An additional 20 calendar days should be added to the contract

11. If Option #6 is exercised, Bid Item No. 0027 shall be exercised within 548 calendar days of issuance of the Base Bid NTP. An additional 40 calendar days should be added to the contract

12. If Option #7 is exercised, Bid Item No. 0028 shall be exercised within 548 calendar days of issuance of the Base Bid NTP. An additional 40 calendar days should be added to the contract

TOTALS:

TOTAL BASE BID (CLINs 0001 to 0021) $_______________

TOTAL OPTION BID (CLINs 0022 to 0028) $_______________

TOTAL BASE + OPTIONS (CLINs 0001 to 0028) $_______________

CPARS

The Federal Acquisition Regulation (FAR) requires that Past Performance Information (PPI) be collected on DoD contracts. FAR Subpart 36.3 and DFARS Subpart 236.2 mandate the use of Contract Performance Assessment Reporting System (CPARS) by all DoD agencies for construction contracts greater than or equal to $650,000 or more than $10,000 if the contract was terminated for default. Contractor Representatives are responsible for reviewing and commenting on evaluations submitted on Contractor Performance Assessment Reporting System (CPARS) website at https://www.cpars.gov/index.htm.

Section 00 21 00 - Instructions

SUBMISSION REQUIREMENTS

BIDDERS’ SUBMISSION REQUIREMENTS AND INSTRUCTIONS

General Instructions:

Electronic Submission. In addition to the hard copies required in paragraph 3.5, all bidders shall submit their bid on a CD‐ROM. Written portions of the bid shall be in MS Word or Adobe Acrobat PDF format. The electronic version shall be either a single file tabbed in the same order as the hard copy or multiple files hyperlinked to a single table of contents. Any portion of the bid not available in electronic format, i.e. cut sheets, if applicable, should be scanned in Adobe Acrobat PDF format, thus making it available electronically. The CD‐ROM must be clearly labeled by solicitation number, project name and bidder’s name. The CD‐ROM shall be marked with a label stating “Unclassified//Controlled Unclassified Info.” In the event of any conflict between the electronic submission and the hard copy submission, the hard copy submission will govern and will be the material upon which the Government bases its evaluation and ultimately, its decision. Electronic media may be submitted in an un‐editable format.

NOTE: Bidders are requested to submit the CD‐ROM with their bid but no later than 24 hours after the time and date for receipt of bids. Failure to submit the CD‐ROM may impact the timeliness of the award.

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

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 U.S. Army Corps of Engineers, NY District Contracting Division, Room 1843 26 Federal Plaza New York, NY 10278

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

52.252-1 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/

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

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

(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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

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 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 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-12 Certification Regarding Tax Matters FEB 2016 52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

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

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Alt I (Dev) Small Business Subcontracting Plan (Deviation 2016-O0009)

- Alternate I

JAN 2017

52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

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 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 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 52.222-40 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 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.224-3 Privacy Training JAN 2017 52.225-11 Buy American--Construction Materials Under Trade

Agreements

OCT 2016

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 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 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 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

52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004…