Volume_1_Specs_23_June_2017_0950AM.pdf

W912EP-17-R-0014

Jacksonville District

Herbert Hoover Dike Rehabilitation Structure Replacements S-285 (HP-6) Reconstruction

Glades County, Florida

Construction Solicitation and Specifications Volume 1 of 2

23 June 2017 k3endmpl Highlight

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W912EP-17-R-0014

2. TYPE OF SOLICITATION 3. DATE ISSUED

23-Jun-2017

PAGE OF PAGES

1 OF

SEALED BID (IFB)

NEGOTIATED (RFP) X

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

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

7. ISSUED BY CODE W912EP 8. ADDRESS OFFER TO (If Other Than Item 7) CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

TEL: FAX:

See Item 7

TEL: FAX:

9. FOR INFORMATION

CALL:

A. NAME

CLAURICE M DINGLE

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

904-232-1387

SOLICITATION

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

10. THE GOV ERNMENT REQUIRES PERFORMA NCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Ti tl e, i dentifyi ng no., date):

HERBERT HOOV ER DIKE REHA BILITA TION STRUCTURE REPLA CEMENT, S-285 (HP-6) RECONSTRUCTION, GLA DES COUNTY , FLORIDA

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE 252.236-7001, IN SECTION 00700.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $10,000,000.00 - $25,000,000.00.

THIS IS AN UNRESTRICTED SOLICITATION. ALL RESPONSIBLE OFFEORS ARE ENCOURAGED TO PARTICIPATE.

THE NAICS CODE IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $36.5 MILLION.

A SITE V ISIT A ND PREPROPOSA L CONFERENCE HA S BEEN SCHEDULED. SEE SECTION 00100, FA R CLA USE 52.236-27 FOR DETA ILS.

YOU MUST BE REGISTERED IN SAM IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.

THIS PROJECT WILL BE CONSTRUCTED ON THE BRIGHTON SEMINOLE INDIAN RESERVATION IN GLADES COUNTY, FLORIDA. THE AWARDEE

MUST BE ELIGIBLE TO WORK AND BE ON TRIBAL LANDS.

11. The Contractor shall begin performance w ithin 60 calendar days and complete it w ithin 858 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See See Clause 52.211-10 Section 00700 .)

12 A . THE CONTRA CTOR MUST FURNISH A NY REQUIRED PERFORMA NCE A ND PA Y MENT BONDS?

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

X YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 5 copies to perform the w ork required are due at the place specif ied in Item 8 by 03:00 PM (hour) local time 26 Jul 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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.

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

Prescribed by GSA FAR (48 CFR) 53.236-1(e) http://www.sam.gov/

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 00010A

LINE ITEMS AND PRICING SCHEDULE

HERBERT HOOVER DIKE REHABILITATION, STRUCTURE REPLACEMENTS

S-285 (HP-6) RECONSTRUCTION

GLADES COUNTY, FLORIDA

W912EP-17-R-0014 00010A-1

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 ACCESS JOB $_______________

0002 TURBIDITY MONITORING JOB $_______________

0003 COFFERDAM STEEL PILE JOB $_______________

0004 EARTHEN COFFERDAM AND PLUGS JOB $_______________

0005 COFFERDAM ARMORING (ESTIMATED QUANTITY) 1,555 SQUARE YARD $___________ $_______________

0006 COFFERDAM SEEPAGE PROTECTION

(ESTIMATED QUANTITY) 1,885 SQUARE YARD $___________ $_______________

0007 DEWATERING JOB $_______________

0008 EXCAVATION JOB $_______________

0009 DEMOLITION JOB $_______________

0010 SHEETPILE SCOUR CUTOFF WALLS JOB $_______________

0011 MUD MAT JOB $_______________

0012 LAKESIDE HEADWALL REINFORCED CONCRETE JOB $_______________

0013 LAKESIDE WING WALLS REINFORCED CONCRETE JOB $_______________

0014 LANDSIDE HEADWALL REINFORCED CONCRETE JOB $_______________

0015 LANDSIDE WING WALLS REINFORCED CONCRETE JOB $_______________

0016 CULVERT STRUCTURE REINFORCED CONCRETE JOB $_______________

0017 LAKESIDE HEADWALL EMBEDDED METALS JOB $_______________

0018 LANDSIDE HEADWALL EMBEDDED METALS JOB $_______________

0019 MISCELLANEOUS METALS JOB $_______________

0020 COMBINATION SLIDE/FLAP GATE WITH ACTUATOR 2 EACH $___________ $_______________

0021 MANATEE SCREEN/DEBRIS BARRIER 4 EACH $___________ $_______________

0022 EMBANKMENT FILL 94,330 CUBIC YARD $___________ $_______________

0023 SOIL-BENTONITE CORE JOB $_______________

0024 CHIMNEY DRAIN, DRAINAGE BLANKET AND

FILTER COLLAR JOB $_______________

0025 LIMEROCK SURFACE (ESTIMATED QUANTITY) 3,900 SQUARE YARD $___________ $_______________

0026 ASPHALT SURFACE (ESTIMATED QUANTITY) 5,800 SQUARE YARD $___________ $_______________

0027 RESTORATION RIPRAP (ESTIMATED QUANTITY) 3,215 SQUARE YARD $___________ $_______________

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

HERBERT HOOVER DIKE REHABILITATION, STRUCTURE REPLACEMENTS

S-285 (HP-6) RECONSTRUCTION

GLADES COUNTY, FLORIDA

W912EP-17-R-0014 00010A-2

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0028 INTAKE AND OUTLET CHANNEL JOB $_______________

0029 SITE SIGNAGE JOB $_______________

0030 CONTROL BUILDING JOB $_______________

0031 ELECTRICAL AND TELECOMMUNICATIONS WORK

AND EQUIPMENT JOB $_______________

0032 SODDING (ESTIMATED QUANTITY) 20,460 SQUARE YARD $___________ $_______________

0033 ELECTRICAL UTILITIES JOB $150,000.00

0034 DUAL LEAF GATES 2 EACH $___________ $_______________

0035 ABANDONMENT GROUTING

(ESTIMATED QUANTITY) 250 CUBIC YARD $___________ $_______________

0036 STILLING WELLS JOB $_______________

0037 EMBANKMENT SEEPAGE PROTECTION

(ESTIMATED QUANTITY) 153 SQUARE YARD $___________ $_______________

0038 CONTRACTING OFFICER'S FIELD OFFICE 29 MONTH $___________ $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 0039) $_______________

NOTES: (1) See Section 00100 INSTRUCTIONS TO OFFERORS.

(2) Quantities shown are estimated, actual quantities may vary. See Clause 52.211-18 "Variation in Estimated Quantity" of Section 00700 CONTRACT CLAUSES.

(3) Offerors must price all line items.

(4) Failure to complete and return all required submissions (see Section 00100A) could render your proposal ineligible for award.

(5) Digital Terrain Models (DTM) and requisite raw data in XLM format are avialable for informational purposes only.

The Government assumes no responsibility for any apparent errors that may be present in the DTM or raw data;

nor does the Government assume responsibility for any conclusions or interpretations made by the Contractor based on the provided DTM or raw data. The DTM and raw data are available in compressed (zip) format for download by offerors with the solicitation on the Federal Business Opportunities (www.fbo.gov) web site.

The available information may include DTM surfaces for the existing site grades, excavation grades, and finished grades. The excavation DTM may not fully define surfaces related to temporary cuts required for site features such as stormwater management and erosion control components. Further, the excavation DTM may not reflect embankment foundation details such as soil benching. The finished DTM may not fully define surfaces related to site features such as stormwater management and erosion control components. Further, the finished grade DTM may not reflect embankment penetrations, internal embankment components such as seepage collection systems, nor embankment slope protection.

(6) ALL SPECIFICATION REFERENCES TO LUMP SUMP SHALL APPLY TO LINE ITEMS INDICATING "JOB" AS A UNIT.

W912EP-17-R-0014 00010A-A1

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 16 July 2017, 1730 hrs. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are all finalized.

The Solicitation Number is: W912EP-17-R-0014

The Bidder Inquiry Key is: HC9MAG-93J5RM

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

k3endmpl Highlight

Section 00100 - INSTRUCTIONS TO OFFERORS

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2016 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.216-1 Type Of Contract APR 1984 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

FEB 1999

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

52.222-57 Representation Regarding Compliance With Labor Laws Executive Order 13673)

DEC 2016

52.222-59 Compliance With Labor Laws (Executive Order 13673)

DEC 2016

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

MAY 2014

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.233-2 SERVICE OF PROTEST (SEP 2006) (CESAJ

ADAPTATION)

OCT 2006

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

(ALTERNATE I) (FEB 1995) (CESAJ ADAPTATION)

MAY 2003

52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5 Authorized Deviations In Provisions APR 1984 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls OCT 2016 252.211-7001 Availability of Specifications, Standards, and Data Item

Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents

MAY 2006

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

999.204-1 HAND-DELIVERING OFFERS TO THE PRUDENTIAL

OFFICE BUILDING IN JACKSONVILLE

MAY 2004

999.204-4003 DISTRIBUTING SOLICITATION AMENDMENTS VIA

FEDBIZOPPS.GOV

AUG 2016

999.215-1 NOTICE OF INTENT TO INCORPORATE UNIT PRICES SEP 2004

999.215-4000 OBTAINING INFORMATION REGARDING THIS

SOLICITATION

DEC 1999

999.215-4003 Electronic Proposals AUG 2016 999.215-4011

OFFEROR'S CHECKLIST DEC 1999

999.219-4003 SOURCES FOR ASSISTANCE IN LOCATING SMALL

BUSINESS SUBCONTRACTORS

DEC 1999

W912EP-17-R-0014 SECTION 00100-1

Section 00100 - INSTRUCTIONS TO OFFERORS

CLAUSES INCORPORATED BY REFERENCE

52.204- 6 Unique Entity Identifier (OCT 2016)

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

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

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

(b) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable.

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

W912EP-17-R-0014 SECTION 00100-2

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

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

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

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

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

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

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

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

W912EP-17-R-0014 SECTION 00100-3

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

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e ) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.211- 2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a ) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https: //assist .dla .mil /onl ine/sta rt/ );

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTd ocs.c om (http://a ssistdoc s.com ).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

52.215- 1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then https://www.acquisition.gov/ https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

W912EP-17-R-0014 SECTION 00100-4

the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c ) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i ) The solicitation number;

(ii ) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(ii i ) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i ) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is

W912EP-17-R-0014 SECTION 00100-5

made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, 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 proposals; or

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

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e ) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained

W912EP-17-R-0014 SECTION 00100-6

in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10 ) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11 ) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i ) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii ) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(ii i ) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

W912EP-17-R-0014 SECTION 00100-7

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi ) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade Goals for female participation for each trade

30.4%

6.9%

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

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

W912EP-17-R-0014 SECTION 00100-8

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 Okeechobee Florida.

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.

4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

52.222-57 Representation Regarding Compliance With Labor Laws (Executive Order 13673) (DEC 2016)

(a)(1) Definitions.

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

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

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

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

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

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

W912EP-17-R-0014 SECTION 00100-9

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

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

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

(A) The labor law violated.

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

(C) The date rendered.

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

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

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

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

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

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

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

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

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

Note to 52.222-57: By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined section will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

W912EP-17-R-0014 SECTION 00100-10

52.222-59 Compliance With Labor Laws (Executive Order 13673) (DEC 2016)

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

Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Agency labor compliance advisor (ALCA) means the senior official designated in accordance with E.O. 13673.

ALCAs are listed at www.dol.gov/fairpayandsafeworkplaces.

Arbitral award or decision means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award ordecision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Civil judgment means any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

DOL Guidance means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

Enforcement agency means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--http://www.dol.gov/fairpayandsafeworkplaces

W912EP-17-R-0014 SECTION 00100-11

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

Labor compliance agreement means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Labor laws means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html.)

http://www.osha.gov/dcsp/osp/approved_state_plans.html

W912EP-17-R-0014 SECTION 00100-12

Labor law decision means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

Pervasive violations in the context of E.O. 13673, Fair Pay and Safe Workplaces, means labor law violations that bear on the assessment of a contractor's integrity and business ethics because they reflect a basic disregard by the contractor for the labor laws, as demonstrated by a pattern of serious and/or willful violations, continuing violations, or numerous violations. To determine whether violations are pervasive it is necessary to consult the DOL Guidance section III.A.4. and associated Appendix D.

Repeated violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a contractor's integrity and business ethics because the contractor had one or more additional labor law violations of the same or a substantially similar requirement within the prior 3 years. To determine whether a particular violation(s) is repeated it is necessary to consult the DOL Guidance section III.A.2.

and associated Appendix B.

Serious violation in the context of E.O. 13673, Fair Pay and Safe Workplaces, means a labor law violation that bears on the assessment of a…