A22_SOLICITATION_W912EE19B0010.pdf

SOLICITATION No. W912EE19B00

DATE: 2019

FOR

THIS PROCUREMENT IS A TOTAL SMALL

BUSINESS SET ASIDE.

Building Strong® Serving the Army Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-EC-TC

INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

http://www.projnet.org/projnet

Plans and specifications will be available on the Federal Business Opportunities (FBO) Web Page at: http://www.fedbizopps.gov/

SOLICITATION NUMBER: W912EE19B00

TECHNICAL INQUIRIES AND QUESTIONS

ALL QUESTIONS MUST BE SUBMITTED VIA PROJNET.

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG) .

BIDDERS ARE ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO BID OPENING

IN ORDER TO ENSURE ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE

RESPONSE AND AMEND THE SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW

INQUIRY ITEMS, PROSPECTIVE VENDORS WILL NEED TO USE THE BIDDER INQUIRY

KEY PRESENTED BELOW AND FOLLOW THE INSTRUCTIONS LISTED BELOW THE KEY

FOR ACCESS. A PROSPECTIVE VENDOR WHO SUBMITS A COMMENT /QUESTION WILL

RECEIVE AN ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION VIA EMAIL,

FOLLOWED BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN

PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE

THROUGH PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE

POSTED ON THE FEDBIZOPS IN THE FORM OF A REPORT GENERATED FROM PROJNET

AS SOON AS THE COMMENT/QUESTION ENTERING PERIOD IS OVER AND ALL

ANSWERS ARE ALL FINALIZED.

THE SOLICITATION NUMBER IS: W912EE19B00

THE BIDDER INQUIRY KEY IS:

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR

COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT

WAS NOT FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED

FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE,

EMAIL, SECRET QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO

REMEMBER YOUR SECRET QUESTION AND ANSWER AS THEY WILL BE USED

FROM THIS POINT ON TO ACCESS THE PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED

WITHIN PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY TYPE OF

PASSWORD. YOU WILL UTILIZE YOUR SECRET QUESTION AND SECRET ANSWER

TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE

UPPER RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER PREVIOUSLY IN

PROJNET.

6. CLICK CONTINUE. A PAGE WILL THEN OPEN ASKING YOU TO ENTER THE

ANSWER TO YOUR SECRET QUESTION.

7. ENTER YOUR SECRET ANSWER AND CLICK LOGIN. ONCE THIS IS COMPLETED

YOU ARE NOW LOGGED INTO THE SYSTEM.

W912EE-19-B-0010

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 17.00 09 REPAIR OF FAILED AREAS IN ASPHALT PAVEMENT

32 12 17.00 09 ASPHALT CONCRETE HOT MIX

32 17 23.00 09 PAVEMENT MARKINGS

-- End of Project Table of Contents –

PROJECT TABLE OF CONTENTS Page 1

W807PM91700861

ARKANSAS PAVING AT LAKE OUACHITA

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment for the paving of project roads and parking areas near Stephens and Brady Mountain Recreation Area (Garland County), Tompkins Bend Boat Ramp Parking Area (Montgomery County) at Lake Ouachita in Arkansas. Principal features of the work include: mobilization and demobilization, repairing failed areas in existing pavement, asphalt concrete hot mix surface course, pavement markings, and environmental protection.

The estimated value of the proposed work is between $500,000 and $1,000,000.

DUSTIN G. CANNADA (601)631-7546

NOTE: In this request for proposal, "bid" and "bidder" mean "offer" and "offeror".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

2 July 2019

(RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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 within 10 calendar days and complete it within 1 0 calendar days after receiving award, X Notice to proceed. This performance period is X mandatory, negotiable. ( See Section 00 80 00.00 09

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.)

XYES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original to perform the work required are due at the place specified in Item 8 BY 29 August 2019 @ 02:00 p.m.

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 required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due will not be considered and will 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

VICKSBURG CONTRACTING OFC

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

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

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

(601)631-7261FAX:TEL: TEL: FAX:

W912EE19B0010

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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:

SEE SCHEDULE

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: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

(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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ARKANSAS PAVING AT

LAKE OUACHITA, ARKANSAS

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $

REPAIR OF FAILED AREAS

IN EXISTING PAVEMENT

450 SY $ $

ASHPALT CONCRETE HOT

MIX 3,580 TN $ $

PAVEMENT MARKING –

REFLECTORIZED

PAINT (WHITE) 11,925 LF $ $

PAVEMENT MARKING –

REFLECTORIZED

PAINT (DOUBLE YELLOW) 5,840 LF $ $

PAVEMENT MARKING –

REFLECTORIZED

PAINT (HANDICAP) 11 EA $ $

TOTAL $

NOTES:

(A) THIS PROCUREMENT IS TOTAL SMALL BUSINESS SET-ASIDE.

(B) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTP://WWW.PROJNET.ORG/PROJECT. SEE SNTB

PAGE ENTITLE “TECHNICAL INQUIRIES AND QUESTIONS”

(C) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(D) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES EXCEPT

WHEN THE UNIT OF MEASURE IS SHOWN AS "LUMP SUM", "JOB" OR "EACH".

(E) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH PROVIDES

FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE APPLICATION OF THE

LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT

STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO

RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(F) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(G) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AS

MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(H) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(I)THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATIONS (ORCA) REGISTRATION. SEE FAR CLAUSES 52.204-7 AND 52.204-8

FOR REQUIREMENT INFORMATION. THE WEBSITE FOR ORCA IS WWW.SAM.GOV.

(J) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED THAT PERFORMANCE

AND PAYMENT BONDS SHALL BE SUBMITTED IN ACCORDANCE WITH THE TIME FRAME IN BLOCK

12B OF SF1442. THE NTP WILL BE ISSUED IMMEDIATELY AFTER VERIFICATION OF ACCEPTABLE

PERFORMANCE AND PAYMENT BONDS. WITHIN SEVEN (7) CALENDAR DAYS AFTER ISSUANCE OF

THE NTP, THE CONTRACTOR SHALL INITIATE A MEETING TO DISCUSS THE SUBMITTAL PROCESS

WITH THE AREA OR RESIDENT ENGINEER OR HIS AUTHORIZED REPRESENTATIVE. PHYSICAL

WORK CANNOT START UNTIL THE ACCIDENT PREVENTION PLAN, CONTRACTOR QUALITY

CONTROL PLAN, AND OTHER SUBMITTALS WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED

AND APPROVED AND ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE

BEEN CONDUCTED.

(K) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

(L) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS. REVISIONS

OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY

AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

Section 00100 - Bidding Schedule/Instructions to Bidders

SPECIAL NOTICES

BID OPENING MAY BE ATTENDED IN PERSON OR VIEWED ONLINE

AT https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw/live

1. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE

RECEIVED UNTIL DATE AND TIME OF BID OPENING.

2. THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE.

3. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID

SCHEDULE/INSTRUCTIONS TO BIDDERS CLAUSE ENTITLED “SUBMISSION

OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO ENSURE THAT

BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS

CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS

INCLUDES, BUT IS NOT LIMITED TO, BIDS SENT VIA: FEDERAL

EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER SERVICES, INC.,

EXPRESS MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND

PUROLATOR.

4. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL

OPPORTUNITY CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT

CLAUSE ENTITLED, “AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS

FOR CONSTRUCTION”, WHICH WILL APPLY TO THE CONTRACT RESULTING

FROM THIS SOLICITATION.

6. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT

REQUIREMENTS, CLAUSE ENTITLED “COMMENCEMENT, PROSECUTION,

AND COMPLETION OF WORK”.

7. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS

CLAUSE, ENTITLED, “PAYMENT INVOICES” WHICH WILL APPLY TO THE

CONTRACT RESULTING FROM THIS SOLICITATION. THE FEDERAL

ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO” ADDRESS OF

THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

8. MAIL BIDS TO THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING, ROOM 120, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI

39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL BE CLEARLY

MARKED ON THE OUTER ENVELOPE AS CONTAINING A “SEALED BID”.

BIDS MUST BE RECEIVED PRIOR TO THE EXACT TIME SET FOR BID

OPENING.

9. HAND CARRIED BIDS MUST BE DELIVERED TO THE CONTRACTING

OFFICE, ROOM 120, IN THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI 39183-3435.

ALL BIDS MUST BE RECEIVED PRIOR TO THE EXACT TIME SET FOR BID

OPENING. NOTE: BIDS DELIVERED LATER THAN 15 MINUTES PRIOR TO

THE TIME SET FOR THE BID OPENING SHALL BE DELIVERED DIRECTLY

TO ROOM 103, BID OPENING ROOM, RATHER THAN ROOM 120, THE PLANS

AND SPECIFICATIONS ROOM.

10. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN

TELEGRAPHICALLY OR BY ELECTRONIC COMMERCE.

11. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201

(EVALUATION OF CONTRACTOR PERFORMANCE) OF THE

FEDERALACQUISITION REGULATION (FAR), CONSTRUCTION

CONTRACTOR’SPERFORMANCE SHALL BE EVALUATED THROUGHOUT THE

PERFORMANCE OFTHE CONTRACT. THE UNITED STATES ARMY CORPS OF

ENGINEERS(USACE) FOLLOWS THE PROCEDURES OUTLINED IN

ENGINEERINGREGULATION 415-1-17 TO FULFILL THIS FAR REQUIREMENT.

FORCONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00,

THEUSACE WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE

APERFORMANCE REPORT USING THE CONSTRUCTION CONTRACTOR

APPRAISALSUPPORT SYSTEM (CCASS), WHICH IS NOW A WEB-BASED

SYSTEM.AFTER AN EVALUATION (INTERIM OR FINAL) IS WRITTEN UP BY

THEUSACE, THE CONTRACTOR WILL HAVE THE ABILITY TO ACCESS,

REVIEWAND COMMENT ON THE EVALUATION FOR A PERIOD OF 30

DAYS.ACCESSING AND USING CCASS REQUIRES SPECIFIC SOFTWARE,

CALLEDPKI CERTIFICATION, WHICH IS INSTALLED ON THE USER’S

COMPUTER.THE CERTIFICATION IS A DEPARTMENT OF DEFENSE

REQUIREMENT ANDWAS IMPLEMENTED TO PROVIDE SECURITY IN

ELECTRONIC TRANSACTIONS.THE CERTIFICATION SOFTWARE COULD COST

APPROXIMATELY $110 - $125PER CERTIFICATE PER YEAR AND IS

PURCHASED FROM AN EXTERNAL CERTIFICATE AUTHORITIES (ECA)

VENDOR. CURRENT INFORMATION ABOUT THE PKI CERTIFICATION PROCESS

AND FOR CONTACTING VENDORSCAN BE FOUND ON THE WEB SITE:

http://www.cpars.navy.mil/. IF THE CONTRACTOR WISHES TO

PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO

CCASS AND PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE

CONTRACTOR.

12. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER

THIS CONTRACT WILL BE MADE BY ELECTRONIC FUNDS TRANSFER (EFT).

CONTRACTORS ARE REQUIRED TO COMPLETE FORM:

UFC-DISB-4.

THE FORM BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS

FINANCE CENTER AT:

https://www.tam.usace.army.mil/Portals/53/docs/UDC/Admin/Direct_Deposit.pdf

THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS

“B4."

13. BID PACKAGE ATTACHMENTS, REPRESENTATIONS AND

CERTIFICATIONS ARE TO BE COMPLETED AND INCLUDED IN THE BID

PACKAGE SUBMITTED BY THE OFFEROR.

14. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL

ACQUISITION REGULATION PART 14.303 (b) MODIFICATION OR

WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN PERSON BY A

BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT

TIME SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS

REQUESTING WITHDRAWAL IS ESTABLISHED AND THAT PERSON SIGNS A

RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG

CONTRACTING OFFICE:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A

REPRESENTATIVE OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE

REPRESENTATIVE SIGN A RECEIPT FOR BID.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: R&HA 1950, Section 101 and Water Supply Act of 1958, as amended by Federal Water Pollution Control Act of 1961 and FCA 1944, Section 10

APPROPRIATION: FY 2016 Energy and Water Development Appropriations Bill

FUNDING CITATION: 95X3123

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24. Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND

PAYMENT BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1 - General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE,

AND BONDS.

a. Specifications, Invitation No. W912EE19B0010 Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions No. AR20190164 01/04/2019 and AR20190144 01/04/2019 of the Secretary of Labor, are parts of this Invitation.

b. (1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer

(bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows:Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

(1) Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $36.5 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $27.5 million, and (2) at least 40 percent of the yardage in the contract's plans and specifications is dredged with equipment owned by the concern or obtained from another small business dredging concern.

CLAUSES INCORPORATED BY REFERENCE

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-5 Trade Agreements AUG 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Economic Area

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Little Rock - North Little Rock, Arkansas, Non-SMSA(Non-Standard Metropolitan Statistical Area) Counties

16.4%

6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Little Rock - North Little Rock, Arkansas, Non-SMSA Counties, which includes Hot Springs County, Arkansas.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

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 Vicksburg District 4155 Clay Street Vicksburg, Mississippi 39183-3435

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

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

U.S. Army Corps of Engineers, Mr. Robin Blake, Area Engineer Vidalia Area Office 100 Advocate Row Vidalia, LA 71373-3032 Telephone (318) 336-5226

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/

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 00600 - Representations & Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

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

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

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

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

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

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

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

(xvi) 52.223-1, 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.

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

(xviii) 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.)

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

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiii) 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.

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

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign

Commercial Satellite Services—Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 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.

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

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

(viii) 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 website 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 Provision #

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.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and