W912ES25Q0024 Solicitation SF1442.pdf

W81G6743312386

The purpose of this contract is to stabilize the bluff at Low er St. Anthony Falls Lock & Dam in Minneapolis, MN in Hennepin County. Contractor shall furnish Performance and Payment Bonds and all labor, material, and equipment necessary to conduct required site surveys, perform site clearing operations, site cleanup, and place MNDOT Class IV Angular Riprap in accordance w ith plans and specif ications.

The estimated magnitude of construction is betw een $25,000 and $100,000.

The North American Industry Classif ication System (NAICS) code for this project is 238910, Site Preparation Contractors w ith a size standard of $19,000,000.

This solicitation is issued as a Request for Quotes (RFQ) under the authority of FAR Part 13 Simplified Acquisition Procedures and is 100% Set-Aside for Small Business.

Quotes are due on 14 January, 2025 @ 11:00 AM CST

JOHN P RIEDERER 651-290-5614

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

18-Dec-2024

(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 mandatory, negotiable. (See _________________________52.211-10 Alt1

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 _______30 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

W912ES

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

W912ES25Q0024 46

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

W912ES25Q0024

Section 00 10 00 - Solicitation

STATEMENT OF WORK

Scope of Work The Contractor shall provide all labor, material, and equipment necessary to place specified rock according to the attached plan set.

Remove rubbish and debris materials from the project site that will impede rock placement and dispose at the Contractor’s expense. Take care to identify hazardous and special wastes that may typically be found at homeless encampments. Handle and dispose of materials and wastes in accordance with all applicable federal, state and local regulations. Do not disturb existing construction beyond the extent indicated or as necessary for installation of new construction. Protect trees within the project site which might be damaged during demolition or deconstruction.

Continuously evaluate the conditions and take immediate action to protect all personnel working in and around the project site.

Run a preliminary survey locating the control line and all other significant features that may affect the design and construction of the project within the limits of the work, and all existing conditions from which construction of the design features will be based. No existing utilities are known within the project site. If evidence of existing utilities is discovered, coordinate with the Contracting Officer. Conduct layout surveys for all project features necessary to complete the project as represented in the Drawings. After construction, conduct an as-built survey of all project elements and features to accurately document the relationship between the design location and construction location.

Complete surveys in enough detail to accurately determine quantities and verify the required section. For the preliminary and as-built surveys, perform a breakline and grid style survey/point cloud of the project area at sufficient spacing to accurately define site conditions and as-built conditions but not to exceed 20 feet. Execute all surveys with an equipment type that can meet or exceed the requisite accuracies as specified in USACE guidance including, but not limited to, EM 1110-1-1003, EM 1110-1-1005, and EM 1110-1-2909. All geospatial data collections must be accomplished under the direction of a professional surveyor licensed and registered by the state of Minnesota. The professional surveyor must be on site at all times during surveying activities. All geospatial data will be referenced horizontally to NAD83 (2011) State Plane Coordinate System, Minnesota South Zone, in US Survey Feet and vertically to NAVD88 Geoid 18 in Feet. For all surveys, produce and submit the following for approval: (1) a terrain model in Bentley CONNECT .DGN format, LandXML format 1.2, or in a format compatible with Bentley CONNECT approved by the Contracting Officer. The terrain model must include spot elevations, breaklines, voids, surface boundary features, triangles, and contours. Submit a vector drawing file of planimetric features and point data in a format compatible with Bentley CONNECT. Draw all point and vector (non-raster) data at elevation. (2) XYZ text file with descriptions. (3) Metadata (in an .xml, .gen, or .met file format) associated with the submittal. At the request of the Contracting Officer, submit all original field books, notes, computations, and logs fully describing the geospatial data collection.

Perform clearing, grubbing, and stripping within the footprint of the riprap as shown on the Drawings in the presence of, and as directed by, the Contracting Officer. Mark the limits for clearing, grubbing, and stripping on the ground. Obtain approval from the Contracting Officer for the limits and extents of clearing, grubbing, and stripping before starting construction operations. Selective trimming will only be allowed for vegetation, trees, and canopies which are located within the project footprint and conflict with the work shown in the Drawings, or to provide construction access to the project footprint. Perform all trimming activities at the supervision of a qualified person with experience performing tree trimming, pruning and/or tree removal activities. Neatly cut limbs and branches close to the main trunk (bole) of the tree or main branches. Leave cleared and grubbed areas in a neat condition. No accumulation of material from clearing, grubbing, and stripping operations must remain in the rock placement area or on CenterPoint property.

Place MNDOT Class IV angular rock as shown on the Drawings. No bedding is required. Place rock around existing trees and site features in the presence of, and as directed by, the Contracting Officer. Submit a plan which details the methods, equipment, and materials which will be used during placement of the rock. Minimize segregation by taking care in handling rock and limiting drop heights. Submit the name and location of quarry used as the stone source, exploratory data and compliance test reports, and service records for approval. Submit at least one rock gradation test and material quality tests performed at the quarry.

At completion of the new construction, clean up and remove debris and rubbish. Remove and transport the debris in a manner that prevents spillage on streets or adjacent areas. Apply local regulations regarding hauling and disposal.

Dispose of debris, rubbish, scrap, and other non-salvageable materials resulting from removal operations with all applicable federal, state and local regulations.

Measurement and Payment Riprap shall be weighed on an accurate, approved scale furnished or made available by the Contractor. Before being approved for use, the scale shall have been tested by the applicable State’s Department of Weights and Measures or by a reliable scale servicing company so as to operate within a degree of error not greater than 1 percent and to be sensitive to a change in load of 1/5 of 1 percent, both percentages being based on the total required weight of material normally weighed as a unit on the scale. The Contractor shall submit the certification document from the appropriate state’s Department of Weights and Measures or scale servicing company that the proposed scale complies with the requirements listed above. Scales shall be spot checked for accuracy and sensitivity as often as directed by the Contracting Officer during stone delivery. When materials are weighed in hauling vehicles, gross weights shall be checked, and the vehicle tare weight determined as often as the Contracting Officer directs. The Contractor shall furnish such weights, accessories, and assistance as the Contracting Officer may require for conducting weighing equipment tests.

Weighing operations shall be performed, as approved, in the presence of the Contracting Officer, unless waived.

Each load shall be accompanied by duplicate copies of delivery tickets certified by the weighmaster. As a minimum, each ticket shall contain the following information:

a. Date and Time.

b. Vehicle Number.

c. Gross Weight.

d. Vehicle Tare Weight.

e. Net Weight of Riprap.

f. Material weighed (Description of Load Contents).

g. Signature of Weighmaster.

The Government will collect a copy of the delivery ticket from each truck as it arrives on site. The Contractor shall submit a daily report detailing the number of trucks that made deliveries to the site as well as an overall quantity of material delivered to the site that day. All daily reports shall be submitted no later than 24 hours after the report period end date and time.

Riprap material shall be measured and paid for by the net ton (2,000 pounds avoirdupois) of acceptable material delivered as specified to the designated delivery site.

Contractor Work Restrictions Working hours at the job site shall be restricted to the period between 6:00 AM and 3:00 PM unless directed otherwise by the Contracting Officer. Due to the steep slope and difficult access to the work area from USACE property, USACE has received approval for the Contractor to access the work area through CenterPoint Energy property, see pictures below. The contractor shall coordinate the details of crew and equipment access with CenterPoint Energy directly. The point of contact at CenterPoint Energy for access coordination is Andrew Rockwell and can be contacted at 612-321-5364. The fence between CenterPoint Energy and USACE property has three (3) existing points of entry that can be used to access the work area. It is the Contractor’s responsibility to determine the suitability of the access points for the proposed method of rock placement. The fence access points shall be closed and secured at the end of each day. Rock delivery to the site will be restricted to dump trucks only, tractor trailers will not be permitted. Do not damage the drains or rock placed at the drain inlets on CenterPoint property. The contractor is responsible for any damage to CenterPoint Energy property and is responsible for returning CenterPoint Energy property to the pre-work condition upon completion of the project.

Site Visits

Potential offerors are highly encouraged to visit the site prior to submitting a quote. Site visits shall be coordinated through the Lower St. Anthony Falls Lockmaster, Richard Weitzel, at 651-290-5936.

Contractor Safety Requirements If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, any project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

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

Accident Prevention Plan The Contractor shall prepare an Accident Prevention Plan utilizing the ENG Form 6293, Accident Prevention Plan (APP) Worksheet provided and according to the EM 385-1-1. All employees performing work under this contract shall wear personal protective equipment as specified in EM 385-1-1 including as a minimum safety-toed boots, hard hat, safety glasses, hearing protection, sleeved shirts, long pants, and gloves and other equipment common to trade as specified in EM 385-1-1. The ENG Form 6293, Accident Prevention Plan (APP) Worksheet is included.

This plan must be approved by the Contracting Officer prior to commencement of any work. Once approved by the Contracting Officer, the APP and attachments will be enforced as part of the contract. Disregarding the provisions of this contract or the approved APP will be cause for stopping of work, at the discretion of the Contracting Officer, until the matter has been rectified. Once work begins, changes to the approved APP shall be made with the knowledge and concurrence of the Contracting Officer, project superintendent, SSHO and quality control manager.

Should any severe hazard exposure, i.e. imminent danger, become evident, stop work in the area, secure the area, and develop a plan to remove the exposure and control the hazard. Notify the Contracting Officer within 24 hours of discovery. Eliminate/remove the hazard. In the interim, take all necessary action to restore and maintain safe working conditions to safeguard onsite personnel, visitors, the public (as defined by ASSE/SAFE A10.34,) and the environment.

Copies of the approved APP will be maintained at the Contracting Officer's office and at the job site. Continuously review and amend the APP, as necessary, throughout the life of the contract. Incorporate unusual or high-hazard activities not identified in the original APP as they are discovered.

Site Safety and Health Officer (SSHO) The contractor shall have on site an employee designated as a Site Safety and Health Officer (SSHO) who has completed the OSHA 30-hour Construction Safety training or its equivalent as specified in EM 385-1-1. The contractor shall complete the ENG Form 6282, Site Safety & Health Officer (SSHO) Designation Letter, and submit with the APP. The ENG Form 6282, Site Safety & Health Officer (SSHO) Designation Letter is included. The SSHO or an equally qualified Designated Representative/alternate shall be at the work site at all times to implement and administer the Contractor's safety program and government-accepted Accident Prevention Plan.

Competent Persons A Competent Person shall be provided for all of the hazards identified in the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan and shall be on-site at all times when the work that presents the hazards associated with their professional expertise is being performed. Provide the credentials of the Competent Persons(s) to the Contracting Officer for acceptance in consultation with the Safety Office.

Activity Hazard Analysis (AHA) The Contractor shall prepare and use an AHA to ensure safe performance of work. It is the Contractor's responsibility to prepare the AHA. The AHA shall be approved by the contracting officer prior to commencement of work. All on-site employees shall review the approved AHA prior to performing work at the site and the AHA must be available during weekly, daily, and “Tool Box” safety meetings as appropriate.

AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk.

The names of the Competent/Qualified Person(s) required for a particular activity (for example, scaffolding, fall protection, other activities as specified by OSHA and this manual) shall be identified and included in the AHA.

Proof of their competency/qualification shall be submitted to the contracting officer for acceptance prior to the start of that work activity. The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s). The ENG Form 6206, Activity Hazard Analysis (AHA) is included. While not mandatory for use, the ENG Form 6206 is the recommended format.

Safety meetings Safety meetings shall be conducted in accordance with EM 385-1-1 and will generally include a review of past activities, plan for new or changed operations, review pertinent aspects of appropriate AHA (by trade), establish safe working procedures for anticipated hazards, and provide pertinent safety and health training and motivation.

Meetings shall be conducted daily, prior to beginning work for the day, for all workers by supervisors or foremen.

On-site Public Safety.

Provide protection of the public in accordance with EM 385-1-1.

Safety Submittals The contractor shall submit the following for approval prior to the pre-work meeting. The following must be approved by the contracting officer prior to the commencement of work.

1. Accident Prevention Plan (APP) to include any related safety plans identified in the APP.

2. SSHO designation letter.

3. SSHO, Qualified Person (QP), and Competent Person (CP) qualifications/credentials.

4. Activity Hazard Analysis (AHA) for each of the definable work steps.

Damage Reports All instances where Government or CenterPoint Energy materials, supplies, property, and/or equipment are damaged shall be reported immediately to the contracting officer. When the damage is caused by contract employees, a written report of the incident and extent of such damage shall be submitted within 2 working days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more, the Contractor will complete and submit ENG Form 3394.

Contract Employees Conduct and Competency All contract employees shall conduct themselves in a proper manner at all times. The majority of work will be performed in the presence of the general public; therefore, the conduct of all employees is critical and will be closely monitored. Use of controlled substances or consumption of beer or alcoholic beverages by contract employees is strictly prohibited. The contractor may be required to immediately remove from the work site any employee of the contractor who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee's ability to satisfactorily perform the work.

Completion Dates The Contractor shall begin performance within 10 calendar days after receiving notice to proceed and shall have all work completed within 30 calendar days.

Invoicing All invoices shall be submitted by email to Lockmaster Richard Weitzel, Richard.E.Weitzel@usace.army.mil or by mail to:

Lower St. Anthony Falls Lock and Dam Attn: Richard Weitzel 1875 West River Parkway

Minneapolis, MN 55454

A copy of all invoices shall be sent by email to Jarrod.S.Brown@usace.army.mil or by mail to:

Fountain City Service Base Attn: Jarrod Brown PO Box 397 431 North Shore Drive Fountain City, WI. 54629-0397

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Performance & Payment Bonds

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6743312386

PSC CD: Y1PC

NET AMT

0002 1 Job Site Surveying

FFP

FOB: Destination

0003 1 Job Site Cleanup and Brush Clearing

FFP

FOB: Destination

MNDOT Class IV Angular Riprap

FFP

0004AA 200 Net Ton

(2,000

LB).

First 200 Ton

FOB: Destination

0004AB 100 Net Ton

(2,000

LB).

Over 200 Ton

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10 dys. ADC 1 CONTRACTING DIVISION

JOHN RIEDERER

USACE, ST. PAUL

332 MINNESOTA STREET

SUITE E1500

ST PAUL MN 55101-1323

(651) 290-5614 FOB: Destination

966323

0002 30 dys. ANP 1 LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

965605

0003 30 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA 30 dys. ANP 200 LOWER ST. ANTHONY FALLS

RICHARD WEITZEL

1875 WEST RIVER PARKWAY

MINNEAPOLIS MN 55454-1027

0004AB 30 dys. ANP 100 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO QUOTERS

This solicitation is a Request for Quote (RFQ), which should result in one firm-fixed price contract. This solicitation is not an Invitation for Bid (IFB) or a Request for Proposal (RFP).

Any questions concerning this RFQ shall be transmitted via email to John.P.Riederer@usace.army.mil at least two business days prior to solicitation close, to allow adequate response time.

Offeror shall be registered in the System for Award Management (SAM) https://SAM.gov to include the FAR and DFARS Representations and Certifications section

For assistance with SAM, please contact:

SAM Service Desk Website https://www.fsd.gov U.S. Calls 1-866-606-8220 Hours of Operation Monday-Friday 8am to 8pm ET

This solicitation is 100% Set-Aside for Small Business under NAICS 238910, Site Preparation Contractors. The SBA Size Standard for this NAICS is $19,000,000 annual revenues (3 year average).

Potential offerors are highly encouraged to visit the site prior to submitting a quote. Site visits shall be coordinated through the Lower St. Anthony Falls Lockmaster, Richard Weitzel, at 651- 290-5936.

Quotes must be received no later than the date and time stated in the SAM.gov solicitation posting. Quotes received after that date and time are late and may not be considered for evaluation and contract award.

It is preferred that the quote is e-mailed to:

John Riederer, Contract Specialist, John.P.Riederer@usace.army.mil

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

USACE – ST PAUL

CONTRACTING DIVISION

ATTN: John Riederer 332 Minnesota St, Suite E1500

ST. PAUL, MN 55101

Quotes do not require offer guarantees (i.e. bid bonds). Payment and Performance Bonds are Required for this project.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

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 U.S. Army Corps of Engineers St. Anthony Falls Lock & Dam and adjacent CenterPoint Energy property located in Minneapolis, Minnesota in Hennepin County.

(End of provision)

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: Richard Weitzel - Lockmaster Address: Richard.E.Weitzel@usace.army.mil Telephone: 651-290-5936

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/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

(End of clause)

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

MAY 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238910.

(2) The small business size standard is $19,000,000.

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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 biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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 $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror…