Conformed W912EE20Q0026.pdf

SEE ADDENDUM

(No Collect Calls)

W912EE20Q0026 13-May-2020

b. TELEPHONE NUMBER

601-631-

8. OFFER DUE DATE/LOCAL

TIME

05:00 PM 30 Jun 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912EE9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICHARD B HESTER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W807PM01137610

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W807PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

TEL: FAX:

601-631-7261FAX:

TEL: 601-631-

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212312

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF58

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912EE20Q0026

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT: W912EE20Q0024-0004

Solicitation Amendment W912EE20Q0026-0004 makes the following changes:

1. The offer due date has been extended to Tuesday, 30 June 2020 at 5:00 PM CST.

2. Various changes have been made to incorporate the responses to ProjNet inquiries.

3. The following attachments have been added to section J: Attachment 0001 Approved Source

List, Attachment 0002 – EM 385-1-1, and Attachment 0003 ProjNet Inquiries & Government

Responses.

4. Offerors shall complete the conformed solicitation that has been posted to BETA SAM.

Offerors shall refer to FAR Provision 52.212-1 located in section L of the solicitation for quote submittal instructions. Quotes will be evaluated in accordance with FAR Provision 52.212-2 located in section M of this solicitation.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

R650 Muddy Bayou Reach 1

FFP

CLIN 0001 is for the supply and delivery of 1,100 tons of R650 to the Muddy

Bayou, Delivery Location: 32.51486, -90.98502. The contractor shall submit a quote for this requirement in accordance with the terms and conditions of this solicitation. Refer to FAR Provision 52.212-1 located in section L of the solicitation for quote submittal instructions. Quotes will be evaluated in accordance with FAR Provision 52.212-2 located in section M of this solicitation. The period of performance dates listed in this solicitation are estimates. The period of performance will be updated at the time of contract award and revised during the contract performance period as needed.

FOB: Destination

MILSTRIP: W807PM01137610

PURCHASE REQUEST NUMBER: W807PM01137610

PSC CD: 5610

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

R650 Muddy Bayou Reach 2

FFP

CLIN 0002 is for the supply and delivery of 425 tons of R650 to the Muddy

Bayou, Delivery Location: 32.51338, -90.98436. The contractor shall submit a quote for this requirement in accordance with the terms and conditions of this solicitation. Refer to FAR Provision 52.212-1 located in section L of the solicitation for quote submittal instructions. Quotes will be evaluated in accordance with FAR Provision 52.212-2 located in section M of this solicitation. The period of performance dates listed in this solicitation are estimates. The period of performance will be updated at the time of contract award and revised during the contract performance period as needed.

FOB: Destination

MILSTRIP: W807PM01137610

PURCHASE REQUEST NUMBER: W807PM01137610

PSC CD: 5610

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work

Liquidated Damages.

If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,124.00 per calendar day of delay.

If the Government terminates this contract in whole or in part under the Default-Fixed-Price

Supply and Service clause, the Contractor is liable for liquidated damages accruing until the

Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract. (FAR 52.211-11)

SCOPE:

The Contractor shall provide all plant, labor, equipment, materials, and supplies to furnish and deliver limestone to:

CLIN 0001

R650 STONE 1,100 TONS

DELIVERY LOCATION: 32.51486, -90.98502

CLIN 0002

R650 STONE 425 TONS

DELIVERY LOCATION: 32.51338, -90.98436

When delivering R650 riprap material, the contractor shall deliver to the Muddy Bayou Structure and tail gate dump the material so it can be placed by an excavator. The contractor will not be allowed to dump the R650 riprap material in piles in excess of 6 feet deep.

The contractor shall provide on-site personnel at each location during the delivery process for quality control and coordination. The Quality Control POC shall: be onsite at the delivery location for each day of scheduled deliveries, communicate daily delivery information with the on-site Government Quality Assurance POC, be the primary POC for the USACE Technical

POC assigned to the project, responsible for delivery load ticket management, and ensure deliveries are compliant with the contract specifications.

The government reserves the right to decrease or increase the final quantities of each delivery order depending on quoted unit prices and available funding.

R650 RIPRAP MATERIAL:

The material shall meet the contract gradation requirements for the R650 riprap material. The contractor shall provide a certified gradation sheet for the material to be delivered to each location. The material shall not include excess or free water.

DELIVERY:

The contractor will not be allowed to deliver material until the government personnel has determined the delivery location is suitable. USACE will have personnel & equipment on-site.

USACE will manage and maintain material as it is delivered. The contractor may be limited to one-way traffic on the access roads north and south of the Muddy Bayou structure during truck loading and unloading operations. Close coordination, careful pre-planning, and continuous communication between the contractor and the government personnel must be maintained. The contractor may work 12 hours per day, 7 days per week, and on weekends to deliver the R650 riprap provided the government personnel is able to support the contractor’s delivery schedule.

The contractor shall implement measures to promote safe working conditions; the contractor shall adhere to EM385-1-1 Corps Safety Manual, and traffic control plan requirements. The contractor shall deliver between 300 and 400 tons of stone per day.

The contractor shall quote a delivery schedule as a number of days after the NTP (notice to proceed) is issued. Deliveries must begin within 10 calendar days of the notice to proceed being issued. Deliveries are not required on Saturdays, Sundays, or federal holidays unless authorized by the Government and agreed upon between the contractor and Government. Upon approval of all post award submittals, the contractor will have two business days to confirm/coordinate the delivery dates with the USACE Technical POC. The notice to proceed will not be issued until the delivery dates have been confirmed/coordinated with the Government Technical POC. The contractor shall submit to the USACE Technical POC an updated schedule every 2 weeks or as needed.

When weather or other conditions affect the delivery schedule the contractor shall update the delivery schedule immediately (daily if necessary) to account for impacts to the initial schedule.

Any changes to the original completion date must be justified by impacts that cannot be controlled by the contractor.

GENERAL:

The inspection and acceptance procedures specified herein set forth a general policy that only the supplies meeting the requirements of this contract will be accepted. Neither the presence nor the absence of Government inspection shall relieve the Contractor from any contract requirements.

PIT VISIT:

Prior to the issuance of Notice-To-Proceed, the Government may elect to visit the proposed source (pits) to inspect the materials. Accordingly, the Contractor shall furnish to the

Government representative the location(s) of the pit or pits where the materials will be obtained.

The Contractor shall insure that the Government has access to these pits for such inspections. If the Government elects to inspect a pit, the Contractor will be advised, and visit arrangements will be mutually compatible between the Government and the Contractor. Determinations made by the Government related to such visits shall not relieve the Contractor from any contract requirements.

MEASUREMENT:

Measurement of materials for payment shall be in tons by industry standards to include either barge measurement or certified scale/weight measurement. Each truck load shall be weighed to the nearest 0.01 ton and the final quantity rounded to the nearest 0.1 ton. The method of measurement for payment of materials, barge measurement versus scale weight measurement shall be established and discussed with the USACE Technical POC prior to beginning delivery at each location. If the materials are unloaded from barges at a port (Greenville, Vicksburg, Natchez, St. Joseph, etc.), barge measurements will not be accepted and a certified scale system shall be used to weigh each truck load of material and account for each truck load of stone hauled to the delivery site; if the certified scale system is not used, then barge measurements will not be accepted. If barges are offloaded within 10 miles of the delivery site location, not at a port, then barge measurement may be used if an accounting system is used that will account for each truck load of material loaded at the barge site and unloaded at the delivery site/levee. For example, an accounting system shall include a paper ticket for every truck load of material loaded at the barge site with a paper copy provided to the government representative at the delivery site, verifying delivery. The use of barge measurements for deliveries in excess of 10 miles from the point of unloading will require the approval of the USACE Technical POC. All barge measurements shall be made by the contractor in the presence of a government representative. Any free or excess water in the barges shall be pumped out before the initial barge measurements. The initial barge measurements shall be made before moving any material from the barges. Material that is loaded out, hauled to the delivery location, and found to contain excessive moisture, or, free water will be rejected.

MISCELLANEOUS INFORMATION:

It is the contractor's responsibility to determine their tax exemption status on projects. The

Government will provide a Tax Exemption Certificate to the awardee.

County road bonds are not required for this project. The contractor is responsible for complying with public roadway laws/regulations

DELIVERY/HAULING VEHICLE IDENTIFICATION:

To facilitate identification and logging of delivery vehicles, the Contractor shall insure that each vehicle to be used in executing deliveries has an individual identification number or license plate number; or, where trailers are to be used, individual identification numbers or license plate numbers for each trailer. If license plate numbers are used, the Contractor shall keep all license plates clean and otherwise legible. Vehicles with dirty or illegible license plates or identification numbers will not be allowed to dump until these plates or ID numbers are made legible by the

Contractor. All ID numbers shall be on the sides of the delivery vehicles. Any other vehicle or trailer identification system used by the Contractor shall provide for uniform, plainly visible, and permanent numbering affixed to the vehicle or trailer. Such numbering shall make each vehicle and trailer individual with respect to delivery activities under this contract, i.e., each truck or trailer shall have its own number.

DELIVERY TICKETS:

The Contractor shall provide serialized delivery tickets with each load delivered. These tickets shall be in duplicate and contain a carbon sheet or an equivalent method of transferring notations thereon from one ticket to its copy. At a minimum, the following information shall be shown on each ticket:

Contractor's Name

Delivery Vehicle ID Number

Ticket Serial

Number Date of

Delivery Contract

Number Location of Delivery

Delivery Order

Number

Quantity Loaded on Truck

In addition to this information, the ticket shall have sufficient space for the Government inspector to indicate thereon the amount measured as delivered, the time of delivery, and his/her signature. Subsequent to delivery and measurement, the Contractor shall provide the delivery ticket to the Government inspector for this notation and signature, whereupon the inspector will keep the original and give the copy back to the Contractor. The Government inspector will not sign a delivery ticket where the material does not meet the requirements of this purchase order or under circumstances where other conditions of this purchase order were violated. Also, signatures on a delivery ticket by anyone other than the authorized Government inspector will not be accepted for payment purposes.

UNSATISFACTORY MATERIAL:

Any material furnished to a delivery point that is found not to be in compliance with these specifications shall be promptly removed by the Contractor at his/her own expense. The fact that material may have been dumped before it was found unsatisfactory shall have no bearing on the

Contractor's responsibility for removal under these circumstances.

SAFETY:

The Contractor shall strictly comply with the U.S. Army Corps of Engineers Safety and Health

Requirements Manual, EM 385-1-1, this manual, and all subsequent revisions of the manual, as it applies to the activities under this contract. In addition to EM 385-1-1, the Contractor is

Subject to the provisions of the Safety and Health Regulations for Construction and

Occupational Safety Standards, which are published by the Department of Labor under authority of Public Laws 91-54 and 91-596. The Contractor shall maintain all applicable provisions of these regulations as they relate to the activities under this contract. The Contractor shall also routinely discuss applicable provisions of EM 385-1-1, Job Hazard Analyses, and OSHA standards with employees during delivery order performance.

TECHNICAL POINT OF CONTACT:

To be determined at time of contract award.

SECURITY REQUIREMENTS:

The following security measures may be required in the event the contractor must access an

Army controlled installation, facility or area. For example, an Army controlled installation means the Vicksburg District Headquarters, the Harbor facility, or other areas controlled by security personnel or electronic security systems. Areas such as levees do not fall under this requirement.

a. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). The contractor and all associated sub-contractors shall receive a brief/training

(provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

c. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

d. Pre-screen candidates using E-Verify Program. Proposed language: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

R650 SPECIFICATIONS

Specifications to Supply and Deliver

RipRap

U.S. Army Corps of Engineers, Vicksburg District (MVK)

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

ASTM INTERNATIONAL (ASTM)

ASTM C 127 (2015) Standard Test Method for Density, Relative Density (Specific Gravity), and Absorption of Coarse Aggregate

ASTM D 3740 (2019) Minimum Requirements for Agencies Engaged in the Testing

Inspection of Soil and Rock as Used in Engineering Design and Construction

ASTM D 4992 (2014) Evaluation of Rock to be Used for Erosion Control

ASTM D 5312 (2013) Evaluation of Durability of Rock for Erosion Control Under Freezing and

Thawing Conditions

ASTM D 5313 (2013) Evaluation of Durability of Rock for Erosion Control Under Wetting and

Drying Conditions

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)

NIST HB 44 (2010) Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices

U.S. ARMY CORPS OF ENGINEERS (USACE)

COE CRD-C 144 (1992) Standard Test Method for Resistance of Rock to Freezing and Thawing

COE CRD-C 148 (1969) Method of Testing Stone for Expansive Breakdown on Soaking in

Ethylene Glycol

COE CRD-C 169 (1997) Standard Test Method for Resistance of Rock to Wetting and Drying

1.2 GOVERNMENT TESTING

1.2.1 Stone

1.2.1.1 General

All stone shall be durable material as approved by the Government representative. Stone shall be of a suitable quality to ensure permanence in the structure and in the climate in which it is to be used. It shall be free from cracks, seams, and other defects that would tend unduly to increase its deterioration from natural causes. The stone shall be clean and reasonably free from earth and dust and shall contain no refuse.

1.2.1.2 Sources

Stone shall be furnished from any of the sources listed in these specifications.

a. List of Sources. Stone shall be furnished from any of the sources listed in these specifications see Attachment 0001, Approved Source List, for a complete list of approved

Quarries.

b. Selection of Source. The Contractor shall designate in writing only one source or one combination of sources from which stone will be acquired.

c. Acceptance of Materials. Acceptance of a source of stone is not to be construed as acceptance of all material from that source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials are unsuitable for stone as determined by the Government representative. Materials produced from a listed source shall meet all the requirements herein.

1.3 POST AWARD SUBMITTALS. Government approval is required for all submittals. The following shall be submitted post award to the USACE Technical Point of Contact no later than

5 business days after contract award:

(1) Traffic Control Plan, Refer to U.S. Army Corps of Engineers Safety and Health

Requirements Manual, EM385-1-1, Section 08.C, Traffic Control.

(2) Pit Location/Scale Information

(3) Vehicle Identification List

(4) Certified Gradation Sheet, 1 Gradation per project

(5) SD-06 Test Reports. Gradation Test, the gradation tests shall be submitted using the

Gradation Test Data Sheet enclosed at end of this section.

(6) SD-07 Certificates

(7) Material Tests, Certificates of compliance attesting that the materials meet specification requirements shall be submitted to the USACE Technical Point of Contact.

PART 2 MATERIALS

2.1 LIMESTONE

STONE QUALITY: The following quality requirements apply to the stone to be supplied under the terms of this contract:

a. Hardness and Durability: All stone shall be of sufficient hardness and durability to not disintegrate under the elements or be easily broken in handling.

b. Cleanliness: All stone shall be clean and free of dirt or other foreign material.

c. Angularity: All stone shall have sharp edges as produced by normal quarrying operations.

d. Density: All stone shall have a minimum density of 155 pounds per cubic foot as determined in accordance with the procedure CRD-C-107-60, "Method for Specific Gravity, Absorption and

Unit Weight of Coarse Aggregate, and Riprap."

e. Absorption: All stone shall have absorption less than 2 percent. The method of test for absorption shall be ASTM C 127 –Standard Test Method for Density, Relative Density (Specific

Gravity) and Absorption of Coarse Aggregate. For riprap absorption, bulk specific gravity, SSD, the test method shall be ASTM D 6473 – Specific Gravity and Absorption of Rock for Erosion

Control.

f. Gradation: The stone shall be graded as specified below.

2.2 RIPRAP

2.2.1 General

Only quarried stone shall be used. Riprap quality shall be as specified in paragraph

GRADATION TEST. Gradation shall conform to the table(s) below. A maximum of 10 percent flat and elongated pieces will be acceptable. A flat and elongated piece of riprap is defined as a stone with either the width or thickness of the piece being less than one-third of the length.

TABLE A

(FOR RIPRAP

"R650")

PERCENT LIGHTER LIMITS OF WEIGHT, LB.

STONE BY WEIGHT (SSD)

100 650 - 260

50 280 - 130

15 130 - 40

PART 3 MATERIAL TESTS

3.1 MATERIAL QUALITY TESTING:

3.1.1 Prior to the delivery of the material, the Contractor shall submit, to the government representative for his approval, an analysis, from a State Highway Department approved independent laboratory, of the proposed material to be supplied.

3.1.2 The Contractor shall supply test results to the USACE Technical Point of Contact. The results of the analysis shall be approved by the Technical Point of Contract prior to the notice to proceed being issued.

3.1.3 At any time during the period of this contract, the USACE Technical Point of Contact may require the Contractor to perform, at his/her own expense, quality testing of the materials furnished or proposed to be furnished with samples to be taken either at the delivery point or at the pit (as deemed necessary by the USACE Technical Point of Contact). This quality testing will include that for gradation, sieve analyses, liquid limits and plasticity index. All samples will be taken by the Contractor in the presence of a Government representative. The number and frequency of these samplings and tests will be determined by the Government representative.

3.1.4 Also, the laboratory facilities used for such testing shall be subject to inspection and/or approval by the Government representative and the Government reserves the right to be present during the performance of directed testing. From the date of receipt of notification of any requirement for such testing, the Contractor shall accomplish the testing within five (5) working days and provide the test results to the Government representative within seven (7) working days.

3.2 TESTS (Riprap)

3.2.1 General

The Contractor shall perform gradation tests to assure compliance with contract requirements and shall maintain detailed records.

3.2.2 Reporting

Reporting shall be in accordance with paragraph GRADATION TEST.

3.2.3 Standard Test Method for Gradation of Riprap and Graded Stone

a. Select a representative sample (See Note No. 1), weigh and dump on hard stand.

b. Select specific sizes (see example) on which to run "individual weight larger than" test. (See Note No. 2). Procedure is similar to the standard aggregate gradation test for

"individual weight retained".

c. Determine the largest size stone in the sample. (100 percent size)

d. Separate by "size larger than" the selected weights, starting with the larger sizes. Use reference stones, with identified weights, for visual comparison in separating the obviously

"larger than" stones. Stones that appear close to the specific weight must be individually weighed to determine size grouping. Weigh each size group, either individually or cumulatively.

e. Paragraph d above will result in "individual weight retained" figures. Calculate individual percent retained (heavier than) cumulative percent retained and cumulative percent passing

(lighter than). Plot percent passing, along with the specification curve on ENG Form 4794-R.

NOTE NO. 1: Sample Selection: The most important part of the test and the least precise is the selection of a representative sample. No "standard" can be devised;

larger quarry run stone is best sampled at the shot or stockpile by given direction to the loader; small graded stone is best sampled by random selection from the transporting vehicles. If possible, all parties should take part in the sample selection, and agree before the sample is run, that the sample is representative.

NOTE NO. 2: Selection of Size for Separation: It is quite possible and accurate to run a gradation using any convenient sizes for the separation, without reference to the specifications. After the test is plotted on a curve, then the gradation limits may be plotted. Overlapping gradations with this method are no problem. It is usually more convenient, however, to select points from the gradation limits, such as the minimum 50 percent size, the minimum 15 percent size, and one or two others, as separation points.

3.2.4 Gradation Test

The Contractor shall perform a gradation test or tests on the riprap at the quarry in accordance with “STANDARD TEST METHOD FOR GRADATION OF RIPRAP AND GRADED

STONE”. The sample shall be taken by the Contractor in the presence of the Government

Representative. The Contractor shall notify the Government representative not less than 3 days in advance of each test. In the event of unavailability of a Government representative;

the Contractor shall perform the tests and certify to the Government representative that the riprap shipped complies with the specifications. At least one gradation test shall be performed per each 50,000 tons of each size of riprap. The gradation tests shall be reported using the forms, GRADATION TEST DATA SHEET and ENG FORM 4794-R. The Contractor shall designate on the test form that portion in tons of the lot tested which is applicable to this contract. Any deviation from the reported tonnage shall be corrected and recorded on a revised GRADATION TEST DATA SHEET. The sample shall consist of not less than 25 tons of each size of riprap required, and shall be collected in a random manner which will provide a sample which accurately reflects the actual gradation arriving at the worksite.

Failure of the test on the initial sample and on an additional sample will be considered cause for rejection of the quarry and/or quarry process, and all riprap represented by the failed tests shall be set aside and not incorporated into the work. Any additional tests required because of the failure of an initial test sample will not be considered as one of the other required tests. If collected by the truckload, each truckload shall be representative of the gradation requirements. The Government Representative may direct additional testing of the riprap at the project site if the riprap appears by visual inspection, to be out of gradation. The

Contractor shall provide all necessary screens, scales and other equipment, the operating personnel, and shall grade the sample. Certification and test results shall represent riprap shipped from the quarry. Certification and tests results must be received by the Government representative at the worksite before the riprap is accepted.

GRADATION TEST DATA SHEET

STONE WEIGHT IN LBS. PERCENT LIGHTER BY WEIGHT

400-160 100

160-80 50

80-30 15

EXAMPLE WORKSHEET

STONE SIZE INDIVIDUAL INDIVIDUAL CUMULATIVE PERCENT

LBS. WT. RETAINED % RETAINED RETAINED PASSING

400 0 0 0 100

160 9,600 30 30 70

80 11,200 35 65 35

30 8,000 25 90 10

<30 3,200 10 100 -

TOTAL 32,000 lbs.

NOTE: Largest stone 251 lbs.

PART 4 UNSATISFACTORY MATERIAL: Any material furnished to a delivery point that is found not to be in compliance with these specifications shall be promptly removed by the

Contractor at his/her own expense. The fact that material may have been dumped before it was found unsatisfactory shall have no bearing on the Contractor's responsibility for removal under these circumstances.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-JUL-2020 TO

03-AUG-2020

N/A PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

FOB: Destination

W807PM

0002 POP 02-JUL-2020 TO

03-AUG-2020

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W807PM

Section G - Contract Administration Data

GENERAL INFORMATION

GENERAL INFORMATION

SPECIAL NOTE:

Only a warranted Contracting Officer acting within their delegated limit has the authority to issue modification or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

INVOICES: All invoices shall be prepared in accordance with FAR 52.212-4(g).

SUBMIT INVOICES VIA EMAIL TO:

USACE - FINANCE CENTER

ATTN: DISBURSING

CEFC-b4payments@usace.army.mil

And to:

Government Technical POC TBD

INVOICES MUST BE SUBMITTED TO BOTH LOCATIONS IN ORDER FOR

PAYMENT TO BE PROCESSED. IF MORE THAN ONE INVOICE IS REQUIRED, THE

CONTRACTOR’S FINAL INVOICE SHALL BE SUBMITTED WITHIN 45 DAYS

AFTER THE FINAL DELIVERY DATE SPECIFIED IN THE CONTRACT. THE

INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS OUTLINED

ABOVE.

Pursuant to FAR Provision 52.204-7, prior to award offerors shall be registered in the System for Award Management (SAM), if you are not registered in (SAM), an award CANNOT be made to your company. You may register electronically at https://www.sam.gov.

Before a complete evaluation of your proposal can be made offerors must provide "Offeror

Representations and Certifications" for their company. The preferred method for providing

Reps & Certs is to include this information in your SAM registration. Offerors who do not include their Reps & Certs in their SAM registration, must print complete and include FAR

Clause 52.212-3, Offeror Representations and Certifications - with their quote package.

SAM Registration:

mailto:CEFC-b4payments@usace.army.mil https://www.sam.gov/

All offerors shall be registered in the System for Award Management (SAM), if you are not registered in (SAM), an award CANNOT be made to your company. You may register electronically at https://www.sam.gov.

POINTS OF CONTACT:

CONTRACTOR POINT OF CONTACT:

TBD

GOVERNMENT TECHNICAL POINT OF CONTACT(S):

TBD

GOVERNMENT CONTRACTING POINT OF CONTACT:

R. BRENT HESTER

4155 CLAY STREET

VICKSBURG, MS 39183

PHONE: (601) 631-5480

EMAIL: Richard.B.Hester@usace.army.mil mailto:Richard.B.Hester@usace.army.mil

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.223-10 Waste Reduction Program MAY 2011

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP

2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the

Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,124.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and

Service clause in this contract.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government…