W912EK18B0002_FINAL.pdf

Solicitation No.: W912EK18B0002

US Army Corps of Engineers Rock Island District

DES MOINES RIVER BASIN

SAYLORVILLE LAKE

ROADS AND TRAILS IDIQ 2018

Construction Solicitation and Specifications

FEBRUARY 2018

W912EK18B0002

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 SUBMITTALS FOR CONTRACT CLAUSES

00 73 05 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE RATES

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 16 CONSTRUCTION PROGRESS SCHEDULES

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04 CONTRACTOR QUALITY CONTROL

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

DIVISION 31 - EARTHWORK

31 00 00 FILL

31 05 22 GEOTEXTILE

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 00 00 PAVEMENT REMOVAL

32 01 13 BITUMINOUS FOG COATS

32 01 16 MILLING OF PAVEMENTS

32 01 17 SEALING OF CRACKS AND JOINTS IN ASPHALT SURFACES

32 01 18 CUTTING AND SEALING OF JOINTS IN ASPHALT SURFACES

32 01 19 SEALING OF CRACKS AND JOINTS IN EXISTING CONCRETE SURFACES

32 01 20 SEALING OF JOINTS BETWEEN NEW ASPHALT PAVEMENT AND

CONCRETE CURB AND GUTTERS

32 01 21 CUTTING AND SEALING OF JOINTS IN NEW CONCRETE SURFACES

32 01 29 ACC PAVEMENT PATCHING

32 11 16 EXISTING BITUMINOUS SURFACES AND AGGREGATE BASES

32 11 23 AGGREGATE COURSES

32 11 34 PORTLAND CEMENT OR FLY ASH MODIFIED BASE COURSE

32 12 10 TACK COAT

32 12 16 HOT-MIX ASPHALT (HMA) PAVING

32 12 37 EMULSIFIED ASPHALT SLURRY SEAL

32 13 13 CONCRETE PAVEMENTS, SLABS, SIDEWALKS AND CURB AND GUTTERS

32 16 00 TOPSOIL

32 17 23 PAVEMENT MARKINGS

32 92 19 SEEDING

32 98 00 STEEL-BACKED TIMBER GUARDRAIL

32 99 00 LOW TENSION CABLE GUARDRAIL

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

Indefinite Delivery Indefinite Quantity Contract for Maintenance and Repairs of Roads, Parking Areas, and Trails; Saylorville Lake, Polk County, Iow a.

This is a 100% Small Business Set-aside.

See Section 01 11 00 for Summary of Work

Completion Days: Varies per task order

Contract Maximum Capacity: $6.0 million

Bid Bonds shall be submitted on Form SF24. Bid Bond amount should be based on total contract capacity of $6,000,000.00.

X

BRUNSON E GROTHUS 309-794-5241

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

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

NEGOTIATED

28-Feb-2018

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________29 Mar 2018 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

W912EK

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

--- --- ---- REF BLOCK 18A)FAX:TEL: 309-794-5613 (INVOICES TEL: FAX:

W912EK18B0002 138

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

SCHEDULE OF PRICES

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ORDERING PERIOD NO. 1

Date of Award to 31 March 2019

0001 Existing Aggregate Base

0001AA First 500 Square Yards 500 SY $ $

0001AB Over 500 Square Yards 1,000 SY $ $

0002 Existing Aggregate Base, Additional Aggregate

100 TN $ $

0003 Existing Surface/Base Milling 750 SY $ $

0004 Aggregate Base Course 1,000 TN $ $

0005 Asphalt Pavement Patching 500 SY $ $

0006 Portland Cement or Fly Ash Base Course

0006AA Stabilization 2,000 SY $ $

0006AB Portland Cement 250 TN $ $

0006AC Fly Ash 250 TN $ $

0007 ACC Pavement Milling 1,000 SY $ $

0008 Asphalt Crack Sealing 15,000 LF $ $

0009 PCC Pavement Milling 100 SY $ $

0010 Concrete Crack/Joint Sealing 1,500 LF $ $

0011 Pavement Sealing 1 JOB XXXXXXXXX $

0012 Concrete Curb and Gutter 1,000 LF $ $

0013 HMA Pavement Demolition and Removal 2,500 SY $ $

0014 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0015 Trail Section Replacement 1,000 SY $ $

0016 HMA Binder Course

0016AA First 500 Tons 500 TN $ $

0016AB Over 500 Tons 1,000 TN $ $

0017 HMA Surface Course

0017AA First 2,000 Tons 2,000 TN $ $

0017AB Over 2,000 Tons 2,000 TN $ $

0018 Removal of Existing Pavement Marking

0018AA 4-Inch Wide Lines, Roadways 1,000 LF $ $

0018AB 4-Inch Wide Lines, Parking Areas 1,000 LF $ $

0018AC 12-Inch Wide Lines 200 LF $ $

0018AD Words and Symbols 10 EA $ $

0019 Pavement Marking

0019AA 4-Inch Wide Lines, Roadways 15,000 LF $ $

0019AB 4-Inch Wide Lines, Parking Areas (Layout Required)

7,500 LF $ $

0019AC 12-Inch Wide Lines (Layout Required) 600 LF $ $

0019AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0019AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0019AF Words and Symbols 20 EA $ $

0020 Aggregate Shoulders 500 TN $ $

0021 Topsoil 300 TN $ $

0022 Fill 100 CY $ $

0023 Excavation 100 CY $ $

0024 Emulsified Asphalt Slurry Seal

0024AA First 8,000 Square Yards 8,000 SY $ $

0024AB Over 8,000 Square Yards 8,000 SY $ $

0025 Removal of Cable Guardrail

0025AA First 3,000 Linear Feet 3,000 LF $ $

0025AB Over 3,000 Linear Feet 3,000 LF $ $

0026 Cable Guardrail Installation

0026AA First 500 Linear Feet 500 LF $ $

0026AB Over 500 Linear Feet 500 LF $ $

0027 Removal of Steel-Backed Timber Guardrail

0027AA First 3,000 Linear Feet 3,000 LF $ $

0027AB Over 3,000 Linear Feet 3,000 LF $ $

0028 Steel-Backed Timber Guardrail Installation

0028AA First 500 Linear Feet 500 LF $ $

0028AB Over 500 Linear Feet 500 LF $ $

0029 Removal of Steel Beam Guardrail

0029AA First 3,000 Linear Feet 3,000 LF $ $

0029AB Over 3,000 Linear Feet 3,000 LF $ $

0030 PCC Sidewalk 150 CY $ $

0031 Concrete Pavements and Slabs 500 CY $ $

0032 Synthetic Fiber Reinforcement 300 LB $ $

0033 Seeding 1,500 SY $ $

TOTAL OF ESTIMATED AMOUNTS ORDERING PERIOD NO. 1

(ITEM NOS. 0001 THROUGH 0033, INCL.)

ORDERING PERIOD NO. 2

1 April 2019 to 31 March 2020

0101 Existing Aggregate Base

0101AA First 500 Square Yards 500 SY $ $

0101AB Over 500 Square Yards 1,000 SY $ $

0102 Existing Aggregate Base, Additional Aggregate

100 TN $ $

0103 Existing Surface/Base Milling 750 SY $ $

0104 Aggregate Base Course 1,000 TN $ $

0105 Asphalt Pavement Patching 500 SY $ $

0106 Portland Cement or Fly Ash Modified Base Course

0167AA Stabilization 2,000 SY $ $

0106AB Portland Cement 250 TN $ $

0106AC Fly Ash 250 TN $ $

0107 ACC Pavement Milling 1,000 SY $ $

0108 Asphalt Crack Sealing 15,000 LF $ $

0109 PCC Pavement Milling 100 SY $ $

0110 Concrete Crack/Joint Sealing 1,500 LF $ $

0111 Pavement Sealing 1 JOB XXXXXXXXX $

0112 Concrete Curb and Gutter 1,000 LF $ $

0113 HMA Pavement Demolition and Removal 2,500 SY $ $

0114 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0115 Trail Section Replacement 1,000 SY $ $

0116 HMA Binder Course

0116AA First 500 Tons 500 TN $ $

0116AB Over 500 Tons 1,000 TN $ $

0117 HMA Surface Course

0117AA First 2,000 Tons 2,000 TN $ $

0117AB Over 2,000 Tons 2,000 TN $ $

0118 Removal of Existing Pavement Marking

0118AA 4-Inch Wide Lines, Roadways 1,000 LF $ $

0118AB 4-Inch Wide Lines, Parking Areas 1,000 LF $ $

0118AC 12-Inch Wide Lines 200 LF $ $

0118AD Words and Symbols 10 EA $ $

0119 Pavement Marking

0119AA 4-Inch Wide Lines, Roadways 15,000 LF $ $

0119AB 4-Inch Wide Lines, Parking Areas (Layout Required)

7,500 LF $ $

0119AC 12-Inch Wide Lines (Layout Required) 600 LF $ $

0119AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0119AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0119AF Words and Symbols 20 EA $ $

0120 Aggregate Shoulders 500 TN $ $

0121 Topsoil 300 TN $ $

0122 Fill 100 CY $ $

0123 Excavation 100 CY $ $

0124 Emulsified Asphalt Slurry Seal

0124AA First 8,000 Square Yards 8,000 SY $ $

0124AB Over 8,000 Square Yards 8,000 SY $ $

0125 Removal of Cable Guardrail

0125AA First 3,000 Linear Feet 3,000 LF $ $

0125AB Over 3,000 Linear Feet 3,000 LF $ $

0126 Cable Guardrail Installation

0126AA First 500 Linear Feet 500 LF $ $

0126AB Over 500 Linear Feet 500 LF $ $

0127 Removal of Steel-Backed Timber Guardrail

0127AA First 3,000 Linear Feet 3,000 LF $ $

0127AB Over 3,000 Linear Feet 3,000 LF $ $

0128 Steel-Backed Timber Guardrail Installation

0128AA First 500 Linear Feet 500 LF $ $

0128AB Over 500 Linear Feet 500 LF $ $

0129 Removal of Steel Beam Guardrail

0129AA First 3,000 Linear Feet 3,000 LF $ $

0129AB Over 3,000 Linear Feet 3,000 LF $ $

0130 PCC Sidewalk 150 CY $ $

0131 Concrete Pavements and Slabs 500 CY $ $

0132 Synthetic Fiber Reinforcement 300 LB $ $

0133 Seeding 1,500 SY $ $

TOTAL OF ESTIMATED AMOUNTS (ORDERING PERIOD NO. 2)

(ITEM NOS. 0101 THROUGH 0133, INCL.)

ORDERING PERIOD NO. 3

1 April 2020 to 31 March 2021

0201 Existing Aggregate Base

0201AA First 1,000 Square Yards 500 SY $ $

0201AB Over 1,000 Square Yards 1,000 SY $ $

0202 Existing Aggregate Base, Additional Aggregate

100 TN $ $

0203 Existing Surface/Base Milling 750 SY $ $

0204 Aggregate Base Course 1,000 TN $ $

0205 Asphalt Pavement Patching 500 SY $ $

0206 Portland Cement or Fly Ash Modified Base Course

0206AA Stabilization 2,000 SY $ $

0206AB Portland Cement 250 TN $ $

0206AC Fly Ash 250 TN $ $

0207 ACC Pavement Milling 1,000 SY $ $

0208 Asphalt Crack Sealing 15,000 LF $ $

0209 PCC Pavement Milling 100 SY $ $

0210 Concrete Crack/Joint Sealing 1,500 LF $ $

0211 Concrete Curb and Gutter 1,000 LF $ $

0212 Pavement Sealing 1 JOB XXXXXXXXX $

0213 HMA Pavement Demolition and Removal 2,500 SY $ $

0214 PCC Pavement and Curb and Gutter Demolition and Removal

2,500 SY $ $

0215 Trail Section Replacement 1,000 SY $ $

0216 HMA Binder Course

0216AA First 500 Tons 500 TN $ $

0216AB Over 1,000 Tons 1,000 TN $ $

0217 HMA Surface Course

0217AA First 2,000 Tons 2,000 TN $ $

0217AB Over 2,000 Tons 2,000 TN $ $

0218 Removal of Existing Pavement Marking

0218AA 4-Inch Wide Lines, Roadways 1,000 LF $ $

0218AB 4-Inch Wide Lines, Parking Areas 1,000 LF $ $

0218AC 12-Inch Wide Lines 200 LF $ $

0218AD Words and Symbols 10 EA $ $

0219 Pavement Marking

0219AA 4-Inch Wide Lines, Roadways 15,000 LF $ $

0219AB 4-Inch Wide Lines, Parking Areas (Layout Required)

7,500 LF $ $

0219AC 12-Inch Wide Lines (Layout Required) 600 LF $ $

0219AD 4-Inch Wide Lines, Parking Areas (Layout Not Required)

7,500 LF $ $

0219AE 12-Inch Wide Lines (Layout Not Required) 600 LF $ $

0219AF Words and Symbols 20 EA $ $

0220 Aggregate Shoulders 500 TN $ $

0221 Topsoil 300 TN $ $

0222 Fill 100 CY $ $

0223 Excavation 100 CY $ $

0224 Emulsified Asphalt Slurry Seal

0224AA First 8,000 Square Yards 8,000 SY $ $

0224AB Over 8,000 Square Yards 8,000 SY $ $

0225 Removal of Cable Guardrail

0225AA First3,000 Linear Feet 3,000 LF $ $

0225AB Over 3,000 Linear Feet 3,000 LF $ $

0226 Cable Guardrail Installation

0226AA First 500 Linear Feet 500 LF $ $

0226AB Over 500 Linear Feet 500 LF $ $

0227 Removal of Steel-Backed Timber Guardrail

0227AA First 3,000 Linear Feet 3,000 LF $ $

0227AB Over 3,000 Linear Feet 3,000 LF $ $

0228 Steel-Backed Timber Guardrail Installation

0228AA First 500 Linear Feet 500 LF $ $

0228AB Over 500 Linear Feet 500 LF $ $

0229 Removal of Steel Beam Guardrail

0229AA First 3,000 Linear Feet 3,000 LF $ $

0229AB Over 3,000 Linear Feet 3,000 LF $ $

0230 PCC Sidewalk 150 CY $ $

0231 Concrete Pavements and Slabs 500 CY $ $

0232 Synthetic Fiber Reinforcement 300 LB $ $

0233 Seeding 1,500 SY $ $

TOTAL OF ESTIMATED AMOUNTS ORDERING PERIOD NO. 3

(ITEM NOS. 0201 THROUGH 0233, INCL.)

TOTAL OF ESTIMATED AMOUNTS ORDERING PERIOD NO. 1 AND ORDERING PERIOD

NO. 2

(ITEM NOS. 0001 THROUGH 0133, INCL.)

TOTAL OF ESTIMATED AMOUNTS ORDERING PERIOD NO. 1, ORDERING PERIOD NO.

2, AND ORDERING PERIOD NO. 3

(ITEM NOS. 0001 THROUGH 0233, INCL.)

CY = CUBIC YARDS EA = EACH

LF = LINEAR FEET SY = SQUARE YARDS TN = TONS

ENSURE UNIT PRICES AND AMOUNT LINES FOR ALL ITEMS ARE

COMPLETED.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the

Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent

Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the

IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than

English shall be rejected.

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

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

2014)

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

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

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

Officer.

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

4.5% 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 Polk County, Johnston, IA.

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, 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:

District Contracting Chief

US Army Corps of Engineers-Rock Island District

Clock Tower Building, PO Box 2004

Rock Island, IL 61204

(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:

Mr. Richard Busch, P.E.

Resident Engineer

Western Resident Office

U.S. Army Corps of Engineers

5301 NW 78th Avenue

Johnston, Iowa 50131

Telephone No.: 515-276-4656

(Collect calls not accepted.)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to

Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

5152.249-9000 BASIS FOR SETTLEMENT OF PROPOSALS (MAR 2009)

Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under Federal Acquisition Regulation (FAR)

49.206-2(b). In evaluating a termination settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

(a) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

(b) If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

(c) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

(d) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of Federal Acquisition Regulation

(FAR) 31.205-11).

(e) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.

Section 00600 - Representations & Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(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 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-11, Representation by Corporations Regarding 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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(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) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

$10,000,000.

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

https://www.acquisition.gov/

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

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the

Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it:

____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the

Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR

Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

https://www.acquisition.gov/

Section 00700 - Contract Clauses

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition

Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the

Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts…