W912ES-15-B-0010_Cross_Lake_Paving_Solicitation.pdf

W81G6751135388

Paving at Cross Lake Recreation Area, Cross Lake, Minnesota. Work consists of removing and repairing areaas of damaged asphalt; applying a tack coat and bituminous w ear course on existing roadw ays and parking areas; restriping the roadw ays and parking areas; and placing material to level new asphalt w ith existing adjacent terrain along all roadw ays and parking areas on Corps of Engineers property at the Cross Lake Dam and Recreation Area at Crosslake, Minnesota. The estimated price range is betw een $250,000 and $500,000. The North American Industry Classif ication System (NAICS) code is 237310 w ith a small business size starndard of $36.5 million. This solicitation is issued as an Invitation for Bids and is 100% set-aside for small business concerns.

X

VIRGINIA M REGORRAH

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

30-Jun-2015

(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 _______10 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 _________________________52.211-10Alt 1

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 specified in Item 8 by ___________ local time ______________30 Jul 2015 (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 _______30 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

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912ES-15-B-0010 150

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

W912ES-15-B-0010

Table of Contents

TABLE OF CONTENTS

NOTES TO OFFERORS

SCOPE OF WORK

CROSS LAKE MAP

PRICING SCHEDULE

SECTION 00010 ‐ SOLICITATION CONTRACT FORM

52.209‐4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105‐1

52.214‐3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

52.214‐4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214‐5 SUBMISSION OF BIDS (MAR 1997)

52.214‐6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

52.214‐4001 INQUIRIES ‐ BID INFORMATION

52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.225‐10 NOTICE OF BUY AMERICAN REQUIREMENT‐‐CONSTRUCTION MATERIALS (MAY 2014) ALTERNATE I

(MAY 2014)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

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

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

SECTION 00600 ‐ REPRESENTATIONS & CERTIFICATIONS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

252.203‐7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204‐7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

SECTION 00700 ‐ CONTRACT CLAUSES

52.202‐1 DEFINITIONS (NOV 2013)

52.203‐3 GRATUITIES (APR 1984)

52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203‐7 ANTI‐KICKBACK PROCEDURES. (MAY 2014)

52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (JULY 2013)

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR

PROPOSED FOR DEBARMENT (AUG 2013)

52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ‐ ALTERNATE I (APR 1984)

52.211‐18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

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

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

52.219‐14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.222‐3 CONVICT LABOR (JUN 2003)

52.222‐6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222‐7 WITHHOLDING OF FUNDS (MAY 2014)

52.222‐8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222‐9 APPRENTICES AND TRAINEES (JUL 2005)

52.222‐10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222‐11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222‐12 CONTRACT TERMINATION‐‐DEBARMENT (MAY 2014)

52.222‐13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

52.222‐14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222‐15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222‐26 EQUAL OPPORTUNITY (APR 2015)

52.222‐27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

52.222‐35 EQUAL OPPORTUNITY FOR VETERANS (JUL 2014)

52.222‐36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222‐37 EMPLOYMENT REPORTS ON VETERANS (JULY 2014)

52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222‐50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.223‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION (MAY 2011)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐17 AFFIRMATIVE PROCUREMENT OF EPA‐DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2008)

52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

52.225‐9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.228‐4 WORKERS' COMPENSATION AND WAR‐HAZARD INSURANCE OVERSEAS (APR 1984)

52.228‐11 PLEDGES OF ASSETS (JAN 2012)

52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228‐14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228‐15 PERFORMANCE AND PAYMENT BONDS‐‐CONSTRUCTION (OCT 2010)

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232‐5 PAYMENTS UNDER FIXED‐PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232‐17 INTEREST (MAY 2014)

52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2‐14) ‐ ALTERNATE I (APR 1984)

52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JULY 2013) .. 98

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.233‐1 DISPUTES. (MAY 2014)

52.233‐3 PROTEST AFTER AWARD (AUG. 1996)

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236‐1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

52.236‐2 DIFFERING SITE CONDITIONS (APR 1984)

52.236‐3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236‐5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236‐6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236‐7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236‐8 OTHER CONTRACTS (APR 1984)

52.236‐9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

52.236‐10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236‐11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236‐12 CLEANING UP (APR 1984)

52.236‐13 ACCIDENT PREVENTION (NOV 1991)

52.236‐17 LAYOUT OF WORK (APR 1984)

52.236‐21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ‐ ALTERNATE I (APR 1984

52.236‐26 PRECONSTRUCTION CONFERENCE (FEB 1995)

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

52.242‐13 BANKRUPTCY (JUL 1995)

52.242‐14 SUSPENSION OF WORK (APR 1984)

52.243‐4 CHANGES (JUN 2007)

52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015)

52.246‐21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248‐3 VALUE ENGINEERING‐‐CONSTRUCTION (OCT 2010)

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) (APR 2012)

52.249‐10 DEFAULT (FIXED‐PRICE CONSTRUCTION) (APR 1984)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐RELATED

FELONIES (DEC 2008)

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204‐7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.209‐7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2014)

252.223‐7004 DRUG‐FREE WORK FORCE (SEP 1988)

252.223‐7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS‐‐

BASIC (SEP 2014)

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

252.225‐7048 EXPORT‐CONTROLLED ITEMS (JUNE 2013)

252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236‐7000 MODIFICATION PROPOSALS ‐ PRICE BREAKDOWN. (DEC 1991)

252.236‐7002 OBSTRUCTION OF NAVIGABLE WATERWAYS. (DEC 1991)

252.242‐7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

252.247‐7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

SECTION 00800 ‐ SPECIAL CONTRACT REQUIREMENTS

52.000‐4004 PARTNERING

52.232‐4004 INVOICE PROCEDURES

52.236‐4006 SAFETY AND HEALTH REQUIREMENTS MANUAL INTERIM CHANGES, EM 385‐1‐1 (MAR 2015) 143

52.246‐4001 LABORATORY AND TESTING FACILITIES

52.249‐5000 BASIS FOR SETTLEMENT OF PROPOSALS

AT/OPSEC 13: WILL BE ESCORTED IN AREAS WHERE THEY MAY BE EXPOSED TO CLASSIFIED AND/OR SENSITIVE MATERIALS AND/OR

SENSITIVE OR RESTRICTED AREAS

AT/OPSEC 15: PRE‐SCREEN CANDIDATES USING E‐VERIFY PROGRAM

AT/OPSEC 3: ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

WAGE RATES

NOTES TO OFFERORS

1. SAM REGISTRATION. All bidders must register and complete online representations and certifications in the System for Award Management (SAM) at www.sam.gov prior to the bid opening. Bidders that have not registered or completed their online representations and certifications may be rejected. Bidders are advised that the initial registration process in SAM may take several weeks. The Government will review completed Representations and Certifications in SAM following the bid opening. Submission of paper copies of completed representations and certifications is NOT required with bid submissions.

2. BIDDER INQUIRIES. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit their questions via email.

Clause 52.214-6 requires that all inquiries be submitted in writing. Questions concerning this solicitation should be directed to Virginia Regorrah, Procurement Analyst, by email at virginia.m.regorrah@usace.army.mil . Questions must be received not later than 5 days prior to receipt of quotes. Questions received after the deadline may not be answered prior to closing.

3. BID BONDS

a. This solicitation requires each bidder to submit an acceptable bid guarantee along with its bid (see clause 52.228-1). The Contracting Officer has the authority and responsibility to determine whether the bid bond and its accompanying documentation clearly show that the person(s) executing the bid bond on behalf of the surety have the authority to unequivocally bind the bonding company.

b. One acceptable form of bid guarantee is a bid bond. If a bid bond is used, it must be accompanied by a signed and dated power-of-attorney. If a signed and dated power-of-attorney does not accompany the bid bond, the bid must be rejected as non-responsive. Please note that a non-responsive bid may not be corrected after bid opening to make it responsive – the bid must be rejected. The power-of-attorney must be issued by the surety (the Treasury Department-approved bonding company, not the insurance agency writing the bond).

c. Original powers-of-attorney and photocopies or facsimiles of original, otherwise valid, powers-of attorney provide sufficient evidence of authority to bind the surety. Questions concerning the authenticity or enforceability of a power-of-attorney may be resolved by the Contracting Officer, often in consultation with the surety, after the bid opening.

d. This note does not provide offerors with an all-inclusive checklist for submitting an acceptable bid bond rather, it provides some information regarding recent changes to the Federal Acquisition Regulation regarding the validity of powers-of-attorney. The revised regulation may be found at

FAR 28.101-3.

e. The revised regulations described in this note are effective for solicitations issued after September

30, 2005.

4. RESPONSIBILITY DETERMINATION. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, the apparent low bidder will be requested to provide the following information:

a. A detailed description of the work to be self-performed and resources available to demonstrate the firm is capable of complying with: (1) 52.000-4008, Small Business Set-aside Requirements for Dredging and (2) 52.219-14, Limitations on Subcontracting.

b. Financial Statements, including balance sheets that identify major categories of assets, liabilities, and owner’s equity; and profit and loss statements for the past three (3) years.

c. A Bank Certification of Financial Capability (line of credit).

Bidder qualification information, as referenced in the provision at 52.209-4001, must be received by the Contracting Officer within two (2) business days after the bid opening. This information will be treated as confidential commercial or financial information to the extent permitted by law under exemption 4 to the Freedom of Information Act, 5 U.S.C. § 552(b)(4). The financial statements should be not over 60 days old. If over 60 days old, a certification should be attached stating that the financial condition of the firm is substantially the same or, if not the same, the changes that have taken place.

5. Offerors are advised to note special contract requirement “AT/OPSEC 15: Pre-screen candidates using E- Verify Program” (Section 00 80 00).

6. FACSIMILE OF BIDS AND MODIFICATIONS THERETO WILL NOT BE ACCEPTED.

7. This solicitation and any forthcoming amendments will only be available on www.fbo.gov. Any forthcoming amendments will only be available on this web site. It is recommended that each registered firm check this website periodically for updates.

8. All Quantities are estimated except where unit is given as "EA" (each) or "JOB" (job).

9. All extensions of the unit prices shown will be subject to verification by the Government. In case of a discrepancy between the unit price and the extension, the unit price will govern. For further information see special contract requirement MVP-0002 entitled “Apparent Clerical Mistakes” in Section 00 80 00.

10. UNBALANCED BIDS. The government may reject as non-responsive any bid that is materially unbalanced between contract line item numbers or sub-items on the bidding schedule. A bid is materially unbalanced when it is based on prices that are significantly less than cost for some work and significantly more than cost for other work. A materially unbalanced bid may be rejected if the Contracting Officer has a reasonable doubt as to whether the bid will result in the lowest overall cost to the government even though it may be the low evaluated bid. Additionally, a bid that is unbalanced so as to be tantamount to an advance payment will be rejected as non-responsive even if acceptance of the bid would result in the lowest overall cost to the government. Reference is made to paragraph (d) of clause 52.214-19, “Contract Award – Sealed Bidding – Construction.”

SCOPE OF WORK

PART 1 – GENERAL

1.1 Project Description. Work consists of removing and repairing areas of damaged asphalt;

applying a tack coat and bituminous wear course on the roads and parking areas; restriping the roadways and parking areas and placing material to level new asphalt with existing adjacent terrain along all roadways and parking areas on Corps of Engineers property at the Cross Lake Dam and Recreation Area at Crosslake, Minnesota. Bidders are encouraged to visit the site prior to submitting a proposal.

1.2 Description of Work. The project consists of repairing damaged asphalt, applying a tack coat meeting the requirements of MNDOT 2357, and placing a 2 inch wearing course overlay consisting of Grade LVWE3 as specified in MNDOT 2360, and restriping all roadways and parking lots.

The main construction items are:

a. Repair damaged asphalt

b. Sweep asphalt surface

c. Apply Tack Coat

d. Furnishing and placing 2 inch wearing course overlay

e. Level/slope new asphalt surface with existing adjacent terrain. This will include both class-five gravel mix on areas adjacent to campsites, and topsoil in all other areas.

e. Stripe roadways and parking areas

1.2.1 Repair of Damaged Areas

There are 5 areas of damaged asphalt in need of repair. Measurements are approximate and must be verified by the Contractor prior to commencing work. Locations for removal and repair are:

a. Roadway near sites 21 through 27 (approximately 390 square yards)

b. Roadway near site 59 (approximately (25 square yards)

c. Roadway near site 90 (approximately 70 square yards)

d. Roadway near sites 12 through 15 (approximately 140 square yards)

e. Roadway south of entrance station (approximately 50 square yards)

1.2.2 Tack Coat & Wear Course

A tack coat and bituminous wear course shall be placed on all roads and parking areas within the Recreation Area. The total approximate area of the wear course is 32,146 square yards.

Measurements are approximate and must be verified by the Contractor prior to commencing work. The Contractor shall clean and sweep the existing bituminous pavement prior to placing tack coat and bituminous wear course. Apply a tack coat to ensure adequate bond between the existing and the new bituminous surfaces. Place a 2” compacted bituminous wear course on existing roadways and parking lots.

1.2.3 Shouldering

The contractor shall level/slope the transfer area from the new asphalt surface to the existing adjacent terrain to deter the edge of all new asphalt from eroding. Leveling/Sloping shall extend a minimum of 12 inches from the pavement edge. Two different types of materials will be used to match adjacent terrain. Class-five gravel mix shall be used in all areas that the roadways cross campsite entrances (121 campsites). Entrance roadways to campsites vary, but average approximately 14 feet wide. Topsoil and seed shall be used in all other areas. Topsoil will be of quality screened black dirt. Topsoil and class five areas will be compacted to deter erosion.

Topsoil areas shall be seeded with a blend of sun/shade grass seed and raked in.

1.2.4 Restriping

The Contractor shall re-stripe all existing areas of roadways and parking lots including but not limited to parking stalls, centerlines, no-parking areas, directional arrows and handicap parking areas.

1.3 References. The publications listed below form a part of this statement of work to the extent referenced. The publications are referred to within the statement of work by the basic designation only.

MINNESOTA DEPARTMENT OF TRANSPORTATION –STANDARD

SPECIFICATIONS FOR CONSTRUCTION 2014

MINNESOTA DEPARTMENT OF TRANSPORTATION –MATERIALS LAB

SUPPLEMENTAL SPECIFICATIONS FOR CONSTRUCTION 2014

2231 Bituminous Surface Reconditioning 2357 Bituminous Tack Coat 2358 Prime Coat 2360 Plant Mixed Asphalt Pavement 3138 Aggregate for Surface and Base courses 3591 Traffic Paint/Striping

US ARMY CORPS OF ENGINEERS (USACE)

USACE EM 385-1-1 Safety and Health Requirements Manual (2014) http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385‐1‐1.pdf

1.4 General Requirement

A. Project Completion Date. Work may not commence prior to September 8, 2015 and must be completed prior to October 15, 2015.

B. Work Restrictions and Coordination with Others.

i. Work Restrictions. For public safety purposes, the Contractor can close sections of the work site to public access during working operations. The Contractor shall furnish all barricades and signage necessary to safely close the sections to public access. All closing of sections shall be coordinated with the Facility Manager, Corrine Hodapp, prior to work being performed. In sections that work is not being performed, the contractor will strive to keep access available to the public as much as possible.

ii. Coordination with Others.

a. The Facility Manager is Corrine Hodapp. Her office is located in the main office building at the Crosslake Dam and Recreation Area: her office phone number is 651-290-5790.

b. Should a conflict occur that cannot be reasonably resolved, the Contractor shall immediately notify the Contracting Officer about the situation.

iii. Access. Access shall be maintained to the USACE office and campground.

C. Measurement and Payment.

i. Bid Item 0001 Repair Damaged Asphalt shall be measured for payment by the square yard. Payment will be made for furnishing all materials, equipment and labor and performing all operations necessary to remove areas of damaged pavement and gravel base; replacement of gravel base, placement of prime coat, asphalt base and asphalt wear course.

ii. Bid Item 0002 Asphalt Paving shall be measured for payment by the square yard. Payment will be made for furnishing all materials, equipment and labor and performing all operations necessary to sweep the asphalt surface, apply a tack coat, place a 2 inch wear course, stripe and paint all roads and parking lots and level/slope the transfer area from the new asphalt surface to the existing adjacent terrain

D. Submittals. Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for information only. Governmental approval is required for critical materials, deviations, and other items as designated by the Contracting Officer Representative. Government approved submittals are considered to be "shop drawings." All submittals not requiring Government approval will be for information only; they are not considered to be "shop drawings".

SD-01 Preconstruction Submittals:

Accident Prevention Plan

Bituminous mix design

Topsoil and grass seed

Work plan and schedule

SD-02 Certificates:

Batch Plant Certificates for all Bituminous Asphalt materials; G

E. Safety and Occupational Health. Prior to the on-site pre-construction meeting, the Contractor shall submit an Accident Prevention Plan for performing the work. The plan shall be in conformance with USACE EM 385-1-1. The plan will be reviewed by the Contracting Officer Representative and discussed at the on-site pre-construction meeting.

The Accident Prevention Plan shall be approved prior to starting work at the project site.

F. Permits. It is the Contractor’s responsibility to apply for and comply with any required permits.

G. Restoration of Work Areas. Construction debris, waste materials and the like shall be removed from the work site and disposed of according to all local, State and Federal laws. Any dirt or mud tracked onto paved or surfaced roadways shall be cleaned away.

Areas used by the Contractor for the storage of equipment or material, or other use, shall be restored to the original or better condition. Grassed areas shall be restored to their original condition, including topsoil and seeding as necessary.

H. Quality Control. The Contractor shall have a designated supervisor who shall be present on the job during all working hours. The Contractor shall establish and maintain quality control to assure compliance with contract requirements and shall maintain records for all construction operations including but not limited to the following:

▫ Prime Coat application rate ▫ Tack Coat application rate and temperature ▫ Bituminous material certificates, delivery tickets, and temperature at delivery ▫Density and thickness of each bituminous course

PART 2 – PRODUCTS

2.1 Materials.

A. Prime Coat – Grade MC Liquid Asphalt MC-30 or 70 per Mn/DOT 2358.

B. Tack Coat – Grade CSS-1 or CSS-1H per Mn/DOT 2357.

C. Bituminous Asphalt Base Course – Grade LVNW3 per Mn/DOT 2360.

D. Bituminous Asphalt Wearing Course – Grade LVWE3 per Mn/DOT 2360.

E. Class Five Gravel Mix

F. Topsoil, Screened Black Dirt

PART 3 – EXECUTION

3.1 Installation Requirements.

A. Preparation of Gravel Surfaces. Where existing bituminous paving is removed prior to placing the bituminous asphalt base course, existing gravel base shall be removed, replace and graded/leveled and compacted to a smooth surface as necessary to provided an adequate base for paving. Immediately prior to applying the Prime Coat, the underlying gravel surface shall be cleared of all foreign matter using power blowers, power brooms, or hand brooms.

B. Placement of Bituminous Asphalt Base Course. The areas being repaired shall receive a minimum of 2 inch asphalt base over the prepared gravel surface and shall be graded level with the existing asphalt. Prior to placing the Bituminous Asphalt Base Course, a Prime Coat at an application rate of between 0.01 and 0.03 Gal/SY shall be applied to the clean, compacted gravel surface.

C. Placement of Bituminous Asphalt Wearing Course. A 2 inch wearing course overlay shall be placed in the areas designated including repaired areas. Prior to placing the Bituminous Asphalt Wearing Course, a Tack Coat at an application rate per Mn/DOT 2357 shall be applied to the clean, prepared undersurfaces.

D. Placement of Shouldering Material. The contractor shall level/slope the transfer area from all new asphalt surfaces to the existing adjacent terrain. Class-five gravel and topsoil areas will be compacted to deter erosion. Topsoil areas shall be seeded with a blend of sun/shade grass seed and raked in.

Cross Lake Map

NOTES & LEGEND

NOT TO SCALE

16 Campsites

Repair Locations

Parking Lots

Paving Limits

P

Pricing Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Repair Damaged Asphalt 675 Square Yard

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Asphalt Paving 32,146 Square Yard

NET AMT $________________

Section 00010 ‐ Solicitation Contract Form

52.209‐4001 BIDDER'S QUALIFICATIONS (APR 1984) FAR 9.105‐1

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

52.214‐3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989)

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

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation.

The Government must receive the acknowledgment 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 (MAR 1997)

(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) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

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

(e) 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)

52.214‐34 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.

52.214‐4001 INQUIRIES ‐ BID INFORMATION

(a) Inquiries:

Any questions regarding this solicitation should be directed to Virginia Regorrah, Procurement Analyst, at telephone number (701) 772-8292 (collect calls not accepted). It is requested that all technical questions on the plans and specifications be submitted to the Contract Specialist by facsimile transmission to (651) 290-5706.

The bid results can be found on Federal Business Opportunities web site at http://www.fbo.gov for that solicitation..

(b) Bid Depository/Bid Opening Information:

Bids must be deposited prior to the date and time set for opening of bids. The bid depository is located in the Contracting Division, 7th Floor, of the U.S. Army Corps of Engineers - St. Paul District, 180 Fifth Street East, Suite 700, St. Paul, Minnesota 55101-1678. A public bid opening will be held at the same location.

52.214‐4002 ALL OR NONE QUALIFICATIONS (FEB 2011) FAR 14.404‐5

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

52.216‐1 TYPE OF CONTRACT (APR 1984)

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

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

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

US Army Corps of Engineers Cross Lake Recreation Area 35507 County Rd 66 PO Box 36 Cross Lake, MN 56641

(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:

Name: Jason Hauser

Email: Jason.A.Hauser@usace.army.mil Address: Cross Lake Recreation Area, 35507 County Rd 66, Cross Lake, MN 56641 Telephone: 651-290-5791

52.252‐1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

Section 00600 ‐ Representations & Certifications

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

(iv) 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.

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

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

(vii) 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.

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

(ix) 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.

(x) 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.

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

(xii) 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.

(xiii) 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.

(xiv) 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.

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

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

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate.