A22_Solicitation_Fee_Collection.pdf

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Fee Collection Services @ Blackhawk Park
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W912ES-15-T-0025
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SEE ADDENDUM

(No Collect Calls)

W912ES-15-T-0025 06-Jan-2015

b. TELEPHONE NUMBER

651-290-5422

8. OFFER DUE DATE/LOCAL TIME

08:00 PM 20 Jan 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN H ROSE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6743109133

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912ES 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

BLACKHAWK PARK-LAFARGE L

NAME

USACE - BLACKHAWK PARK

E590 CTY RD BI

DE SOTO WI 54624-9705

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$38.5 million

NAICS:

561210

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF50

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES-15-T-0025

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 114 Days

COLLECT REC USER FEES

FFP

FOB: Destination

MILSTRIP: W81G6743109133

PURCHASE REQUEST NUMBER: W81G6743109133

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 114 Days

OPTION COLLECT REC USER FEES

FFP

FOB: Destination

NET AMT

STATEMENT OF WORK

Campground Attendant / Fee Collector

Scope of Work Blackhawk Park

De Soto, Wisconsin (Mississippi River - Pool 9)

For Camping Season 2015 & 2016

PART I – DESCRIPTION/SPECIFICATION

A. General

1. The contractor shall furnish all necessary labor, fuel, transportation, and supervision to provide campground attendant services for the collection of camping fees and additional user fees. In addition, the contractor is responsible for cleaning the entrance station at Blackhawk Park near De Soto, Wisconsin.

2. The contractor shall provide campground attendants to work a five (5) day work week from Wednesday through Sunday; see Part II Section 5 for hours. Accomplishment of the contractor work may require the presence of at least two individual campground attendants (18 years or older), within the park, during scheduled hours, to accomplish required duties and to cover breaks, etc.

The Corps Point of Contact (CPOC) may authorize there to be only one campground attendant present or on duty during scheduled hours. The CPOC will make that determination on the basis of contractor performance and occupancy / vacancy of sites at the campground. Notwithstanding the foregoing sentence, the contractor shall provide no less than two campground attendants on Fridays and Saturdays from Memorial Day weekend through Labor Day weekend.

3. There are 73 electric sites and approximately 100 non-electric sites for a total of approximately 173 campsites in the campground. Average occupancy during weekends from June thru August is 80 sites per day.

4. Due to intermittent flooding at Blackhawk Park, it may become necessary to close the park or portions of the park. If flood conditions exist where the park is closed due to flood conditions, the contractor is required to vacate the premises along with all personal property. The contractor will not be paid the daily rate and shall be responsible for all living expenses during any period of park closure. The Government will notify the contractor when the park will be reopened to camping. The contractor shall resume campground attendant services at the park within 72 hours of that notification.

5. This contract will have a Base Year (2015) and an Option Year (2016). Season dates are listed in Part II Section 5.

PART II – REQUIREMENTS

1. A campsite will be available for contractor use, if a recreational vehicle is the contractor’s primary residence throughout duration of the contract.

a. If the contractor chooses to use the provided campsite they must provide a camping unit.

b. The key employee is required to be the primary occupant and it is mandatory to be onsite when guests are present.

c. The contractor will maintain the area where the camping unit is placed in a clean and sanitary condition (contractor is not responsible for mowing). The camping unit shall be in good visible condition and maintained neat in appearance throughout the contract period. No fences or ornamentation shall be added to the area designated as the contractor’s site.

d. The contractor shall remove the camping unit and all personal property from Government lands no later than three (3) days after the end of the given season.

2. The contractor shall provide and maintain a fully operable vehicle, which can be operated independently of any camping unit for personal or contract related transportation. Only street-legal motorized vehicles, which are licensed, and driven by licensed drivers, shall be operated on Government property. Any vehicle that the contractor intends to use in the performance of the contract work, the contractor shall provide proof of insurance sufficient to meet State of Wisconsin liability insurance requirements for vehicles traveling on public roads.

3. The contractor shall furnish the contracting officer, 30 days after award and before start of work, a $5,000 performance bond or alternative (see section 7 below) and a list of all employees (minimum of two (2) people 18 years or older) who will perform the work specified in this contract.

4. Attend orientation and training sessions. These sessions will be held at Blackhawk Park and will last for the first two (2) days of the contract period. The contractor and all employees will receive training on a computer equipped with Outdoor Recreation Management Suite (ORMS) which will be used for the collection of fees and the implementation of the reservation system. Each individual shall become proficient with the ORMS program. Additional training sessions may be scheduled if the CPOC finds it necessary. Previous Corps of Engineers campground experience is preferred (see past performance sheet attachment) and computer experience is strongly recommended.

5. Duty Seasons & Hours:

Summer Season: Spring & Fall Season:

Saturday-Thursday 9:00 am - 11:00 am 9:00 am – 11:00 am 2:00 pm - 4:00 pm 6:00 pm - 8:00 pm 6:00 pm - 9:00 pm

Friday 9:00 am - 11:00 am 9:00 am – 11:00 am 2:00 pm – 9:00 pm 2:00 pm – 8:00 pm

Additional Holiday Weekend Requirements Memorial/Labor Day 4th of July

Thursday: Wednesday & Thursday:

9:00 am – 11:00 am 9:00 am – 11:00 am 2:00 pm – 9:00 pm 2:00 pm – 9:00 pm

Friday: Friday:

9:00 am – 9:00 pm 9:00 am – 9:00 pm

Season Dates:

Year Spring Summer Fall

Base Year:

2015 May 7th- 20th May 21st- Sept 13th Sept 14th – Oct 11th

Option Year 1:

2016 May 5th-25th May 26th-Sept 11th Sept 12th-Oct 9th

Total Number of Working Days:

2015: 114 Days 2016: 114 Days

Campground Tours:

At a minimum, the contractor must complete a tour of the campground within 1 hour before each shift in the entrance station to allow enough time to get around the whole park and to speak with visitors if needed. The tours are completed to locate and contact campers who have not yet registered for camping. Unregistered campers shall be courteously notified to register at the entrance station when it is open. Additional tours may be necessary to ensure that all campers are registered. One complete tour of the campground is approximately four miles in length.

6. Operate the computerized camping / reservation program, collect applicable fees, maintain accurate records, issue Day Use Passes per the procedures detailed in the Fee Collector’s Handbook. Post reservations at campsites. Assist campers in locating campsites and answer camper and visitor questions in a courteous and friendly manner.

Advise all campers to register as soon as possible after locating a campsite to avoid double occupancy of sites and to leave a member of the party or camping equipment at the campsite to hold the site during registration.

7. Balance collected fees with the user permits issued daily (Wednesday through Sunday).

The contractor shall reimburse the Government for any shortages. Any loss shall be reported immediately to the CPOC. THE GOVERNMENT MAY CONDUCT

PERIODIC CASH COUNTS AND RECORD AUDITS AT ANYTIME DURING THE

CONTRACT PERIOD AND WITHIN 30 DAYS THEREAFTER. The collected fees will be secured by the contractor; a safe will be provided for this purpose. The contractor shall turn over the collected fees to the Government on a regular basis, at the request of the

CPOC.

The contractor shall indemnify the Government against all losses, claims, demands, or causes of action to which the Government might be subject as a result the work performed by the contractor. The contractor shall reimburse the Government for any damages or losses arising from or related to the contract work.

If a bond is to be used, it shall be a performance bond utilizing SF1418, rev. 2-99 (see attached). Other acceptable alternatives are a properly endorsed Certificate of Deposit (CD) or an Irrevocable Letter of Credit (ILC) from a federally insured financial institution in favor of the United States.

8. The contractor is responsible for checking and maintaining the reservation card system.

This is a system of cards placed on all reservable sites showing the next reservation. This shall be checked and updated daily (Wednesday through Sunday).

9. The contractor shall provide a change fund adequate enough to provide change of various denominations to visitors at all times. Historically $100 in various bills and quarters has proven adequate.

10. Report all disturbances, accidents, complaints, and potential park violations to the CPOC.

Radio equipment will be furnished for this purpose. The contractor will furnish the CPOC with as much detailed information as possible. If the problem merits calling law enforcement officers, the CPOC will make the determination. In the event that the contractor is not able to contact the CPOC, he/she shall contact the appropriate law enforcement officials. All communication with law enforcement officials shall be reported to the CPOC as soon as possible. The contractor shall not attempt to apprehend any violators. All campers who elect not to pay shall be referred to the CPOC.

11. Keep up-to-date records on use in the campgrounds and begin a “waiting list” of camper names interested in obtaining a campsite with an electrical hook-up when all electric sites are full. Notification shall be given to the CPOC when a waiting list is started.

12. Keep up-to-date records of the 14 day rule, campers are not allowed to camp anywhere in the park more than 14 days in any 30 day period. Report to the CPOC when it appears a camper may exceed this rule. Sheets will be provided for this task.

13. Advise campers to attach their campsite card to their numbered campsite post or camping unit in non-electric area. The contractor shall remove the cards from the posts upon the camper’s departure (Wednesday through Sunday).

14. Inform campers of important rules and regulations including rules on 2pm check-out time, firewood, quiet hours, etc.

15. Record the number of vehicles and persons “turned away” when the campground is full, or when “turnaways” result due to other circumstances.

16. Keep a written record of complaints, criticism, and favorable comments of area facilities and operations.

17. Keep the brochure rack located outside by the entrance station clean and stocked with brochures (Wednesday through Sunday).

18. Clean the entrance station on a daily (Wednesday- Sunday) basis. The government will furnish all cleaning supplies necessary to complete the following cleaning:

a) Interior walls, fixtures, counter tops and floors shall be kept free from dirt, dust, grease, litter and all debris.

b) Exterior walls shall be kept in a clean condition and free from insect nests, cobwebs and bird nests.

c) Windows (both interior and exterior) shall be kept clean and free of dust, spots and streaks.

d) Shelves, windows, counter tops, floors, and brochure holders shall be kept neat and orderly at all times.

e) All surfaces of the information board and telephone stand shall be cleaned to remove cobwebs, insect nests, bird droppings, and other foreign material.

f) Remove all cigarette butts and garbage from cigarette ash urn.

19. Be attired in clothing that presents a clean and neat appearance. Contractor will be issued a vest and cap. While in the entrance station or while touring the park the contractor shall wear one or both identifying garments. Required attire will include a collared shirt or blouse, trousers or slacks, and shoes when in attendance at the entrance station or while in performance of contract work. Knee length shorts are acceptable. T-shirts and tank tops will not be allowed.

20. Cooperate with all Corps of Engineers’ employees and their contractors in performance of the contract work.

21. Turn in all accountable property to the CPOC immediately upon completion of each season.

B. The Contractor Shall Not:

1. Carry firearms in the park, or maintain them in the entrance station or within their personal vehicle while on duty under this contract.

2. Consume alcoholic beverages during the on-duty hours or conduct themselves in a manner unbecoming of their position so as to bring discredit to themselves or the Corps of Engineers.

3. Use any tobacco products while performing their duties. No eating or drinking will be permitted in the vicinity of the computer or printer.

4. Use the Corps furnished radio for anything but official business. Messages will be as brief and to the point as possible.

5. Establish any type of animal house, cage, pen or similar facility for pets or raising animals. Pets of the contractor must be confined to the camping unit or kept on a leash of size (6) feet or less in length. Pets will not be allowed in or around the entrance station.

6. Allow any personal visitors in the vicinity of the entrance station, except when they are registering or paying fees, and these visitors shall receive no preferential treatment regarding fees, site assignment or Corps and Project policies.

7. Sell camping supplies or engage in any type of commercial activity.

8. Accept any gratuities.

C. Government Furnished Items

1. A campsite with telephone, electric, water, and sewage hook-up is available if the contractor chooses to stay onsite.

2. An entrance station for use incidental to fee collection but not to be used for living quarters and/or storage of personal property.

3. A log book, permit forms, computer equipment to issue permits with the ORMS system, Annual Day-Use Passes and handout materials such as maps, information pamphlets, copies of Title 36 CFR, and brochures.

4. Two radios to communicate with the CPOC and each other.

5. A sign for the entrance station indicating the hours that the contractor is occupying the building.

6. A name tag to identify the contractor. The name tag shall be worn and visible at all times while on duty.

7. Magnetic “Fee Collector” signs for the contractor’s vehicle to be utilized when touring the campground to collect fees.

8. A set of standing instructions for the contractor on the duties of a Fee Collector.

9. Miscellaneous office supplies (paper, pens, notepads, etc.)

D. Payment and Standards of Conduct

1. Work will be monitored and inspected periodically for conformance with the specifications, and for accuracy and completeness. A campground attendant's evaluation form will be completed by the CPOC and reviewed and discussed with the contractor at this time.

2. The Contractor shall submit an invoice for payment monthly, which includes total number of days worked during that period.

3. The contractor shall be responsible for maintaining satisfactory standards of employee competence, conduct, appearance, integrity, and sobriety, and for taking such disciplinary action with respect to employees as may be necessary.

4. The Contracting Officer may require, in writing, that the contractor remove any employee which the Contracting Officer deems incompetent, careless or otherwise objectionable. Any such removal may be permanent. The contractor shall be required to conduct this directive immediately and without expense to the Government. Any such action under this section shall not relieve the contractor from any and all responsibilities specified under this contract.

5. Inappropriate conduct or unbecoming actions on the part of the contractor may be grounds for removal of the contractor and termination of the contract for cause.

Reference

FAR Clause 52.212-4. Examples of actions that may result in immediate contract termination include, but are not limited to, the following:

a) Consumption of alcoholic beverages or controlled substances (non-prescription) while on duty or being on duty in an intoxicated or impaired state.

b) Cursing, verbal abuse or harassment of visitors or Corps personnel, or exhibiting a malicious or hostile attitude.

c) Unwarranted physical contact with visitors or Corps personnel.

d) Lack of cooperation or failure to implement or abide by policies and programs as directed by the CPOC, and failure to correct deficiencies, etc.

e) Failure by the contractor to provide items and services listed in the contract specifications may be grounds for termination of the contract.

6. Complaints: Recurring complaints from the public, CPOC, and/or contracting officer regarding rudeness, favoritism, discrimination, bad language or violations of contractual agreement may be considered grounds for termination of this contract.

PART III- SECURITY CLEARANCE

1. AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at

2. iWATCH and/or CorpsWatch Training. The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award. The "See Something, Say Something" public awareness video is available at the following website: http://youtu.be/6jAV1dbGPB4

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

4. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

5. The contractor will be required to comply with all Federal security requirements (Possess a Valid Federal or State issued photo ID). Upon award the contractor will be required to submit any/all required documentation (Valid Federal or State issued photo

ID) for an NCIC III background check. Should security requirements change at any point during the contract, the contractor will be required to comply with those changes.

NOTES TO OFFERORS

NOTES TO OFFEROR

PLEASE E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

This is a 100% Small Business Set-Aside solicitation. The Contractor’s quote shall contain sufficient information so that the U.S. Army Corps of Engineers can determine whether the proposed elements are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the proposed methods of performance and materials to be supplied.

The Contractor should be prepared to defend any discrepancies between the quote and a fair and reasonable estimate prepared by the Government. It should include sufficient information to demonstrate that the work effort is reasonable pertaining to the site and scope. Any unusual conditions or factors affecting the work duration / productivity should be identified.

All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

It is preferred that the quote is provided electronically to:

Justin Rose, Contract Specialist, Justin.H.Rose@USACE.Army.mil

The offeror may also submit the quote by mail / courier to the following:

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: JUSTIN ROSE

180 5TH STREET EAST

SUITE 700

ST. PAUL, MN 55101-1678

NAICS CODE: 561210

OFFEROR SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, contact information is below:

SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/

Minnesota PTAC (Procurement Technical Assistance Center), www.mnptac.org

Sherri Komrosky, Program Director, 612-259-6565 (office), skomrosky@mnptac.org

PLEASE E-MAIL ALL QUESTIONS to Justin Rose, Contract Specialist, at Justin.H.Rose@USACE.Army.mil

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government 0002 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAY-2015 TO

30-APR-2016

N/A BLACKHAWK PARK-LAFARGE L

NAME

USACE - BLACKHAWK PARK

E590 CTY RD BI

DE SOTO WI 54624-9705

W912ES

0002 POP 01-MAY-2016 TO

30-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

W912ES

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014 52.222-50 Combating Trafficking in Persons FEB 2009 52.222-99 (Dev) Establishing a Minimum Wage for Contractors (Deviation

2014-O0017)

JUN 2014

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

DEC 2012

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.245-1 Government Property APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAY 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical capability

Price

Past Performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2014)

ALTERNATE I (OCT 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

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

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern—

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands,Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246—

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate,…

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