W912ES23Q0017.pdf

W81G6722244561

Lock and Dam 2 Confort Station roof Replacement This Request for Quotes (RFQ) is being conducted using FAR Part 13 Simplif ied Acquisition Procedures (SAP).

This is not an Invitation for Bids (IFB) and no bid bond is required.

This procurement is set-aside 100% for small business concerns under North American Industry Classif ication System (NAICS) code 238160, Roofing Contractors w ith a small business size standard of $16.5 million.

The estimated magnitude of construction is under $25,000.

In accordance w ith FAR 28.102-1(b); payment protection is required for any resultant contract greater than $35,000. If contract aw ard is for under $35,000, no payment protection is required. Should the contract aw ard exceed $150,000, performance and payment bonds are required.

THEODORE R HECHT JR 651-290-5415

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

15-Feb-2023

(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 _________________________

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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Mar 2023 (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 of fers are due.

B. An offer guarantee is, X 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 _______90 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

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 651-290-5414 TEL: FAX:

W912ES23Q0017 40

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

W912ES23Q0017

Section 00 10 00 - Solicitation

SCOPE OF WORK

STATEMENT OF WORK

Lock and Dam #2 – Comfort Station

Roof Replacement

1.0 Introduction

The work to be performed is at the following location:

Lock and Dam No. 2

1350 Lock and Dam Road

Hastings, MN 55033

The onsite public restroom building, hereafter referred to as the “comfort station” is owned by the Army Corps of Engineers – MVP District and maintained by the staff of Lock and Dam 2. The structure was built in 1994 with the Stage 2 major rehabilitation project at Lock and Dam 2. The exterior envelope of the comfort station is primarily precast concrete panels with the existing roofing system consisting of rigid insulation, EPDM membrane, and rock ballast. See Enclosure 1 and Enclosure 2 for roof details of the existing building. Over the last several years, the roof has been leaking internally as reported by the Lock and Dam 2 staff.

2.0 Scope of Work

2.1 General

The scope of work for this contract involves the removal of the existing EPDM roofing system on the Comfort Station building at Lock and Dam 2 and replacement with a new PVC roof system. Existing roof scuppers on the Comfort Station are still in operation and the new roofing system will use these scuppers.

Roofing slopes shall be finished so that there is no standing water on the roofs. No lock and dam operations shall be impacted by the Contractor's operations during construction.

2.2 Pre-Quote Site Visit

Potential bidders are encouraged to visit the site prior to placing bids to ensure that they understand the existing site conditions and the potential challenges associated with completing contract work. Pre-site visits shall be coordinated through the Lock and Dam 2 Lockmaster, Steve Heidbrider, at 651-290-5826.

2.3 Initial Meeting

Prior to commencing work, a pre-construction meeting shall be held at Lock and Dam 2. The safety plan, environmental protection plan, work plan, schedule, contractor staging area, and any other coordination issues shall be discussed. The Contractor shall submit all plans for review prior to the meeting.

2.4 Availability and Use of Utility Services

The Contractor may utilize existing electrical outlets during construction but shall not interfere with Lock and Dam operations. Any electrical power needed by the contractor beyond what is available at the existing outlets shall be the responsibility of the Contractor.

The Contractor will be allowed to use the public sanitation facilities on site.

2.5 Demolition

Do not begin demolition or deconstruction until authorization is received from the Contracting Officer.

Demolish all existing roofing material such that the roof deck has a clean surface on which to install the new roofing. Store materials that cannot be removed daily in areas specified by the Contracting Officer. All demolition shall follow EM 385-1-1, Section 23, Demolition, and other applicable Sections.

The Contractor shall take necessary precautions to avoid damage to existing items to remain in place, to be reused, or to remain the property of the Government. Repair or replace damaged items as approved by the Contracting Officer. Coordinate the work of this section with all other work indicated. Do not overload structural elements.

Do not disturb existing construction beyond the extent necessary for installation of new construction.

Provide protective measures to control accumulation and migration of dust and dirt in all work areas.

Protect building interior and materials and equipment from the weather at all times. Have materials and workmen ready to provide adequate and temporary covering of exposed areas where existing roofing has been removed.

Maintain existing utilities to stay in service and protect against damage during demolition and deconstruction operations.

All demolished and waste materials resulting from demolition and construction operations shall become the responsibility of the Contractor and shall be properly removed, transported, and disposed of off Government property. The Contractor shall take all necessary precautions to prevent the misplacement of demolished materials into the river. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away. Stored material not in trailers, whether new or salvaged, shall be neatly stacked when stored. Upon completion of the project, areas used by the Contractor for the storage of equipment or material, or other use, shall be restored to the original or better condition.

Debris shall be removed and transported in a manner that prevents spillage on streets or adjacent areas.

Streets, roadways, and parking lots shall be kept free from construction materials, mud, dirt, and debris of any kind. All such materials dropped or deposited on or along a streets, roadway, or parking lot shall be immediately removed. Local regulations regarding hauling and disposal shall apply.

2.6 Roof and Deck Insulation

A Tapered Polyisocyanurate Board Insulation system shall be used with either an integrated or separate vapor retarder/ air barrier as recommended by the PVC membrane manufacturer. The insulation system and facer material must be compatible with the membrane application specified and as approved by the roof membrane manufacturer.

The contractor will provide starter and filler blocks as required to provide the total thickness of insulation necessary to meet the specified slope of ¼” per foot. Mitered joints shall be factory fabricated and shall consist of two diagonally cut boards or one board shaped to provide the required slopes.

Tapered Polyisocyanurate Board Insulation: At a minimum the insulation will be a closed cell polyisocyanurate foam with fiber reinforced mat laminated to faces, complying with ASTM C 1289 Type II Class 1, with the following additional characteristics:

1. Thickness: As required to meet the specific site conditions and as required to meet ¼” per foot slope. No standing water is allowed to pond on the repaired roof.

2. Compressive Strength: Minimum 20 psi when tested in accordance with ASTM C 1289.

An elastomeric, two component, one step, all purpose, standard cold fluid-applied adhesive formulated to adhere roof insulation to substrate as recommend by roofing Manufacturer shall be used.

Install insulation using cold fluid-applied adhesive as per the insulation Manufacturer's recommendations.

Install insulation such that the finished surface is continuous and butts up directly with the parapet wall around the outer perimeter. The finished surface of the insulation shall have a slope of not less than 1/4 inch per foot. Insulation shall be installed to create a smooth finished surface free of depressions that could pond water.

Completely cover each day's installation of insulation with the finished roofing specified on same day. Do not permit phased construction. Protect open spaces between insulation and parapets or other walls and spaces and expansion joints, until permanent roofing and flashing are applied. Provide smooth, clean board or plank walkways, runways, and platforms near supports, as necessary, to distribute weight. Exposed edges of the insulation shall be protected by the end of each workday, or whenever precipitation is imminent.

2.7 (PVC) Roofing The product used shall be a Polyvinyl Chloride (PVC), single ply membrane with a nominal 80 mil thickness meeting or exceeding ASTM D 4434 Type II standards. The minimum thickness must not be less than minus 10 percent of the specified thickness value. Width and length of sheet must be maximum width attainable as recommended by the manufacturer to minimize field formed seams in the field of the roof.

The contractor shall heat weld seams to the maximum extent practical as recommended by the manufacturer and where not practical the contractor will use the membrane manufacturer approved products and adhesion methods for the specific roofing system being installed.

The complete roof covering assembly must:

a. Be Class A rated in accordance with ASTM E 108, FM 4470, or UL 790; and

b. Be listed as part of Fire-Classified roof deck construction in the UL RMSD or Class I roof deck construction in the FM APP GUIDE.

FM or UL approved components of the roof covering assembly must bear the appropriate FM or UL label.

The complete roof covering assembly, including insulation, must be rated Class 1-90 in accordance with FM APP GUIDE capable of withstanding an uplift pressure of 90 psf. Do not install non-rated systems, except as approved by the Contracting Officer. Provide manufacturers wind load calculations or certification to validate wind resistance of any non-rated roof system. Wind uplift calculations shall be based on a design wind speed of 90 mph in accordance with ASCE/SEI 7-05 or applicable building code requirements.

Do not install PVC roofing during high winds or inclement weather, or when there is ice, frost, moisture, or visible dampness on the substrate surface, or when condensation develops on surfaces during application.

Unless recommended otherwise by the PVC sheet manufacturer and approved by the Contracting Officer, do not install PVC sheet when air temperature is below 40 degrees F or within 5 degrees F of the dewpoint.

Follow manufacturer's printed instructions for installation during cold weather conditions.

2.8 Flashing

Membrane flashing, including self-adhering membrane flashing, perimeter flashing, flashing around roof penetrations, and prefabricated pipe seals, must be compatible with the roof membrane and recommended for use by the roof membrane manufacturer.

2.9 Membrane Manufacturer and Applicator Experience

The PVC roofing membrane manufacturer must have at least 5 years’ experience in manufacturing PVC roofing products.

Roofing system applicator must be approved, authorized, or licensed in writing by the roof membrane manufacturer and must have a minimum of three years’ experience as an approved, authorized, or licensed applicator with that manufacturer and be approved at a level capable of providing the specified warranty.

Coordinate the work to ensure that components which are to be secured to or stripped into the roofing system are available and that permanent flashing is installed as the work progresses. Ensure temporary protection measures are in place to preclude moisture intrusion or damage to installed materials.

Application of roofing must immediately follow application of insulation as a continuous operation.

Coordinate roofing operations with insulation work so that all roof insulation applied each day is covered with roof membrane installation the same day.

2.10 Leakage Test

The PVC membrane roof system shall be tested in accordance with the manufactures recommended test for leakage. If leakage is found, the membrane shall be repaired at no additional cost to the Government and the roof retested.

2.11 Warranty

Furnish the PVC system manufacturer's warranty for a minimum of 20 years. The warranty shall cover the roofing system to include but not limited to, roofing membrane, flashing, insulation, inspection fees, replacement/repair expenses. The warranty shall provide that the system will not deteriorate under normal wear and tear conditions such that the system fails to provide a watertight condition during the warranty period. The warranty period shall commence on the date of acceptance of the roofing system. The warranty shall run directly to the Government.

2.12 Roofing System Installation Warranty

Warrant for a period of not less than two years that the roof system, as installed, is free from defects in installation workmanship, to include the roof membrane, flashing, insulation, accessories, attachments, and sheet metal installation integral to a complete watertight roof system assembly. The warranty must run directly to the Government. The Contractor is responsible for correction of defective workmanship and replacement of damaged or affected materials. The Contractor is responsible for all costs associated with the repair or replacement work.

3.0 Government Requirements

3.1 Regulatory and Safety Requirements

In addition to the detailed requirements included in the provisions of this contract, comply with the most recent edition of USACE EM 385-1-1, and the following federal, state, and local laws, ordinances, criteria, rules, and regulation.

The publications listed below form a part of this specification. The below publications should be followed for a safety and regulatory requirements. Submit matters of interpretation of standards to the appropriate administrative agency for resolution before starting work. Where the requirements of this specification, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. The publications are referred to within the text by the basic designation only.

AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE)

ASSE/SAFE A10.32 (2012) Fall Protection ASSE/SAFE A10.34 (2001; R 2012) Protection of the Public on or Adjacent to Construction Sites ASSE/SAFE Z359.1 (2007) Safety Requirements for Personal Fall Arrest Systems, Subsystems and Components

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 70E (2015; ERTA 1 2015) Standard for Electrical Safety in the Workplace

U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 (2014) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1926.16 Rules of Construction 29 CFR 1926.500 Fall Protection

3.2 Safety Submittals

Prior to construction, the contractor shall submit an Accident Prevention Plan (APP), Activity Hazard Analysis (AHA), and the credentials of identified competent persons.

3.3 Emergency Medical Treatment

Contractors will arrange for their own emergency medical treatment. The government has no responsibility to provide emergency medical treatment.

3.4 Material Handling Equipment

Material handling equipment such as forklifts shall not be modified with work platform attachments for supporting employees unless specifically delineated in the manufacturer's printed operating instructions.

The use of hooks on equipment for lifting of material must be in accordance with manufacturer's printed instructions. Operators of forklifts or power industrial trucks shall be licensed in accordance with OSHA.

4.0 Environmental Protection

The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations.

INSTRUCTIONS FOR 252.232-7003

Due to system limitations the clause 252.232-7003 has been added to the contract. As the St. Paul District of the Corps of Engineers does not use WAWF, and our financial management system does not allow for direct electronic submission of payment requests the terms of clause 252.232-7003 do not apply to this contract. The vendor shall submit invoices via email to steven.g.heidbrider@usace.army.mil or by paper copy to:

US Army Corps of Engineers ATTN: Steven Heidbrider 1350 lock and Dam road Hastings MN 55033-1027

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Roof Replacement

FFP

The removal of the existing EPDM roofing system on the Comfort Station building at Lock and Dam 2 and replacement with a new PVC roof system FOB: Destination

PURCHASE REQUEST NUMBER: W81G6722244561

PSC CD: Z2EZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-JUN-2023 1 LOCK & DAM #2

LOCKMASTER

USACE - LOCK & DAM 2

1350 DAM ROAD

HASTINGS MN 55033-1145

FOB: Destination

966304

Section 00 21 00 - Instructions

INSTRUCTIONS TO QUOTERS

Please provide all of the following with your quote and send your quote via email to Theodore.R.Hecht@usace.army.mil

1. Acknowledgement of all amendments (if applicable).

2. Signed/dated Standard Form (SF) 1442 with pricing for all line items and a total price. Incomplete

3. pricing schedules may be rejected.

4. All pricing must include shipping (FOB destination) and not have a separate line for shipping.

5. Completed provision 52.212-3, Alt. I, “Offeror Representations and Certifications-Commercial

Items”. If you areregistered in SAM and the information is current, you are not required to fill out the provision but you must indicate that your SAM record is current.

6. CAGE code, UEI number and Tax Identification Number (TIN).

7. Contact information for the individual submitting the quote.

8. In order for contractors to conduct business with the Department of Defense, the contractor must provide registration information to the System for Award Management (SAM). Pursuant to FAR 4.1102, firms must be SAM registered at the time their quotation is submitted. Registration instructions may be obtained, and online registration may be accomplished, at www.sam.gov.

9. This Simplified Acquisition Procedures (SAP) procurement is being conducted in accordance with

FAR Parts 12 and 13.

10. All or None Qualifications. 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.

11. DEFINITIVE RESPONSIBILITY CRITERIA/SPECIAL STANDARDS OF RESPONSIBILITY.

a) In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, as a pre-condition to contract award, the apparent low bidder shall provide documentation meeting or exceeding the following definitive responsibility criteria with their quote to be considered for award

i) Roofing system applicator must be approved, authorized, or licensed in writing by the roof membrane manufacturer.

ii) Roofing system applicator must have a minimum of three years’ experience as an approved, authorized, or licensed applicator with that manufacturer.

iii) Roofing system applicator must be approved at a level capable of providing the specified warranty.

b) 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 shall not be over 60 days old. If over 60 days old, a certification shall 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.

Failure to provide any of the above information on or before the solicitation closing due date and time as amended (if applicable) may result in your quote not being eligible for contract award.

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Alt II Security Requirements (MAR 2021) - Alternate II APR 1984 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.211-13 Time Extensions SEP 2000 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 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 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

2.9% 6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Minesota, Dakota County, the City of Hastings.

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:Steven Heidbrider

Address: 1350 Lock and Dam Road Hastings MN 55033-1027 Telephone: (651) 290-5826

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):

https://www.acquisition.gov/

Section 00 45 00 - Representations and Certifications

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

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

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

(xv) 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.

(xvi) 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 products or commercial services.

(xvii) 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.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

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

FAR Clause Title Date Change

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

Section 00 70 00 - Conditions of the Contract

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 LOCK & DAM #2

USACE - LOCK & DAM 2

1350 DAM ROAD

HASTINGS MN 55033-1145

Government

Section 00 72 00 - General Conditions

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-7 Withholding of Funds 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 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-9 Buy American--Construction Materials OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 Progress Payments NOV 2021 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

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 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2022

52.252-2 Clauses Incorporated By Reference FEB 1998 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

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

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

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

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

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

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

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

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

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM…