15B01.PDF

Savannah Harbor, Jasper County, South Carolina

Solicitation Number

W912HN-15-B-0001

Front Dike Revetment Repair Procurement and Contracting Requirements and Specifications, Divisions 00 through 35

FY15

July 2015

U.S. ARMY ENGINEER DISTRICT, SAVANNAH

CORPS OF ENGINEERS

100 WEST OGLETHORPE AVENUE

SAVANNAH, GEORGIA 31401-3640

US Army Corps of Engineers Savannah District

Front Dike Revetment Repair 15B01

PROJECT TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.00 10 ENVIRONMENTAL PROTECTION

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 05 34 MARSH PLANTING

32 92 19 SEEDING

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE SHORELINE PROTECTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

Contract for installation of rock revetment on three eroded areas along the Savannah River shoreline.

This Solicitation is set aside for Small Business

Contractor must be registered in the System for Aw ard Management (SAM).

The Magnitude of Construction of this project is betw een $1,000,000.00 and $5,000,000.00.

Contractual POC is Brent Ingram at (912) 652-5954

Email: brent.w .ingram@usace.army.mil

Technical POC is Lyle Maciejew ski at (912) 652-5480

Email: lyle.j.maciejew ski@usace.army.mil

X

BRENT W INGRAM 912-652-5954

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

17-Jul-2015

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________140 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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 __________2 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Aug 2015 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______60 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

SAS EXECUTION BRANCH

USAED SAVANNAH

100 WEST OGLETHORPE AVE

SAVANNAH GA 31401

W912HN

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: TEL: FAX:

W912HN-15-B-0001 54

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

0001 Site Revetment Repair

Area #02

- Deliver, Stockpile, and Place #4 Coarse Aggregate

UNIT UNIT PRICE AMOUNT

0001AA First 1,900 Tons 1,900 Ton $________________ $_________________

- Deliver and Stockpile GADOT #4 Coarse Aggregate

UNIT UNIT PRICE AMOUNT

0001AB All Over First 1,900

Tons

300 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0001AC First 1,900 Tons 1,900 Ton $________________ $_________________

- Placement of GADOT #4 Coarse Aggregate

UNIT UNIT PRICE AMOUNT

0001AD All Over First 1,900

Tons

UNIT UNIT PRICE AMOUNT

0002 Site Revetment Repair

Area #02

- Deliver, Stockpile, and Place Armor Stone

UNIT UNIT PRICE AMOUNT

0002AA First 6,400 Tons 6,400 Ton $________________ $_________________

- Deliver and Stockpile Armor Stone

UNIT UNIT PRICE AMOUNT

0002AB All Over First 6,400

Tons

1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0002AC First 6,400 Tons 6,400 Ton $________________ $_________________

- Placement of Armor Stone

UNIT UNIT PRICE AMOUNT

0002AD All Over First 6,400

Tons

1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0003 Site Revetment Repair

Area #02

- Deliver, Stockpile, and Place GA DOT Type #1

UNIT UNIT PRICE AMOUNT

0003AA First 2,300 Tons 2,300 Ton $________________ $_________________

- Deliver and Stockpile GA DOT Type #1 RipRap

UNIT UNIT PRICE AMOUNT

0003AB All Over First 2,300

Tons

400 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0003AC First 2,300 Tons 2,300 Ton $________________ $_________________

- Placement of GA DOT Type #1 RipRap

UNIT UNIT PRICE AMOUNT

0003AD All Over First 2,300

Tons

400 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0004 Site Revetment Repair

Area #01

UNIT UNIT PRICE AMOUNT

0004AA First 1,700 Tons 1,700 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0004AB All Over First 1,700

Tons

UNIT UNIT PRICE AMOUNT

0004AC First 1,700 Tons 1,700 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0004AD All Over First 1,700

Tons

UNIT UNIT PRICE AMOUNT

0005 Site Revetment Repair

Area #01

UNIT UNIT PRICE AMOUNT

0005AA First 5,800 Tons 5,800 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0005AB All Over First 5,800

Tons

900 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0005AC First 5,800 Tons 5,800 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0005AD All Over First 5,800

Tons

900 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0006 Site Revetment Repair

Area #01

- Deliver, Stockpile, and Place GA DOT Type #1 Rip Rap

UNIT UNIT PRICE AMOUNT

0006AA First 2,100 2,100 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0006AB All Over First 2,100 300 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0006AC First 2,100 2,100 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0006AD All Over First 2,100 300 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0007 Site Revetment Repair

Area #03

UNIT UNIT PRICE AMOUNT

0007AA First 1,000 Tons 1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0007AB All Over First 1,000

Tons

200 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0007AC First 1,000 Tons 1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0007AD All Over First 1,000

Tons

200 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0008 Site Revetment Repair

Area #03

UNIT UNIT PRICE AMOUNT

0008AA First 2,900 Tons 2,900 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0008AB All Over First 2,900

Tons

500 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0008AC First 2,900 Tons 2,900 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0008AD All Over First 2,900

Tons

500 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0009 Site Revetment Repair

Area #03

- Deliver, Stockpile, and Place GA DOT Type #1 Rip Rap

UNIT UNIT PRICE AMOUNT

0009AA First 1,000 1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0009AB All Over First 1,000 200 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0009AC First 1,000 1,000 Ton $________________ $_________________

UNIT UNIT PRICE AMOUNT

0009AD All Over First 1,000 200 Ton $________________ $_________________

Section 00 20 00 - Instructions for Procurement

NOTES TO BIDDERS

BID SCHEDULE SUMMARY

SAVANNAH Dredged Material Containment Area (DMCA) 14A ROCK DIKE REPAIR

ESTIMATED LINE ITEMS SHALL NOT EXCEED THE ESTIMATED AMOUNT

WITHOUT PRIOR APPROVAL OF THE CONTRACTING OFFICER.

**round all priced line items (0001 through 0009) to two(2) decimal places**

TOTAL BID (Items 0001 through 0009) $_____________________

PRE-AWARD INFORMATION

Contracts shall be awarded to the responsible prospective contractors. Reference FAR 52.209-

4005.

Before award, to be determined responsible, a prospective contractor must furnish:

THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH BID

a. Current Financial Statement

b. Offerors must provide unit and total pricing for all items

c. Failure to provide a bid bond guarantee per FAR 52.228-1 could render your proposal nonresponsive.

SUBMISSION OF BIDS

ELECTRONIC SUBMISSION OF BIDS, TO INCLUDE E-MAIL AND FACSIMILE

TRANSMISSIONS, IS NOT AUTHORIZED.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf as indicated below. Bids delivered prior to one hour before bid opening must be delivered only by U.S. Mail, including U.S. Express Mail, Federal Express or United Parcel Service to the address as indicated below. Bids shall not be addressed to any specific person. Any bids delivered between 1:00pm and 2:00pm on the due date shall only be delivered to the bid opening room.

U.S. Army Engineer District, Savannah

ATTN: CECT-SAS-E

100 West Oglethorpe Avenue

Savannah, Georgia 31401-3640

All bids must be clearly identified with the bidder’s name and address. To ensure timely and proper handling, the lower left corner of the outermost wrapper should indicate the following:

Invitation for Bid No: W912HN-15-B-0001

Due Date of Bids: 17 August 2015

Time by which Bids are due: 2:00 P.M. (E.T.)

Title of Project: SAVANNAH DMCA 14A ROCK DIKE REPAIR

For bids delivered by Federal Express and United Parcel Service, the date and time of delivery established by these carriers is not the official time of receipt by the Government. Security

Guards posted at the loading dock entry for the building do not receive bids and will contact

Mailroom personnel. Once Mailroom personnel are available, the bid will be processed by the

Security Guards using established security procedures and subsequently picked up by Mailroom personnel. After receipt by the Mailroom personnel, a record will be made of the receipt of the bid. Completion of these actions will constitute delivery of the bid by the date and time designated for receipt of bids. Bidders are responsible for allowing sufficient time for the bid to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of bids. Bids sent by U.S. Mail or U.S. Express Mail are required to be sent to the 100 West Oglethorpe Avenue address. Bidders that use U.S Mail or

U.S. Express Mail must allow sufficient time for bids to be received by Mailroom personnel by the time specified for receipt of bids. Bidders are responsible for allowing sufficient time for the bids to be processed for receipt and are cautioned that sufficient time may be as much as 24 hours prior to the date and time designated for receipt of proposals. Bidders are responsible for allowing sufficient time for the proposal to be physically received and processed by Mailroom personnel in accordance with the information provided. Hand-carried bids, including bids delivered by Federal Express and United Parcel Service, delivered within an hour of bid opening shall only be delivered to the bid opening room at:

U.S. Army Engineer District Savannah

100 West Oglethorpe Ave, 2nd Floor Bid Room

Savannah, Georgia 31401

Bidders must allow sufficient time to complete security screening to gain admittance to the J.G.

Low Federal Building address 100 West Oglethorpe Ave., Savannah, GA 31401, 2nd Floor Bid

Opening room. The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring bids are submitted so as to reach the location designated for receipt of bids.

QUALITY CONTROL SYSTEM (QCS): Any contract award resulting from this solicitation will require the mandatory use of the automated Quality Control System. Please see Section

014501 for additional information.

TECHNICAL MATTERS: Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet at (https://www.projnet.org) at least 10 calendar days prior to the date established in the RFP for receipt of proposals. The Government reserves the right to decline addressing questions received less than 10 calendar days prior to receipt of bids.

If a Bidder believes that the requirements in this Invitation for Bids contain an error, mission, or are otherwise unsound; immediately notify the Contract Specialist in writing with supporting rationale. The Government reserves the right to award this Request for Proposal based on the initial proposal, as received, without discussion. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment or question will receive an acknowledgement via email, followed by an answer after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the

FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and answers are all finalized.

Savannah DMCA 14A Rock Dike Repair

Bidder Inquiry Key: 7T8IZX-S87AZQ

Specific Instructions for Initial ProjNet Bid Inquiry Access:

1. From the ProjNet home page, click on Quick Add on the upper right side of the screen.

2. Identify the Agency as USACE.

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

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

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

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

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

Specific Instructions for Future ProjNet Bid Inquiry Access:

Steps 1 through 3. Same as above.

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

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

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

DESCRIPTION OF WORK

Furnish all labor, material, equipment, incidentals, supervision and transportation for work necessary to provide Dredged Material Containment Area Rock Revetment Repair. The proposed project includes the installation of rock revetment on three eroded areas along the

Savannah River shoreline. These areas are adjacent to Disposal Areas 13B, 14A and 14B. The approximate size of each area is as follows: area near 13B is approximately 500 linear feet, area in 14A is approximately 550 linear feet and area near 14B is approximately 250 linear feet. The total length of repair is estimated at 1,300 linear feet. The new shoreline protection will need to smoothly and uniformly tie into existing sections of shoreline protection previously placed. The material to be used for erosion protection will be graded granite aggregate, intermediate and armor stone placed to a top elevation of +13 feet mean lower low water (MLLW). Contractor shall work and complete one section at a time. More specific information regarding these repairs is included on the provided plans.

The Dredged Material Containment Area’s shoreline is under a state of constant erosion and shifting due to the tides, wind and waves. As a result, the Contract survey may not reflect the current site conditions. The disparity does not constitute a changed or differing site condition.

Adjust the stone shoreline protection alignment to the shoreline conditions existing at the time of stone placements, as necessary, without additional cost to the Government. The toe of the stone shoreline protection shall not extend more than 50 feet past the current toe of the eroding bluff.

Earthwork for stone placement, maintenance of haul roads, grassing of lay down areas, and any other miscellaneous construction activities required for stone placement shall be incidental cost.

The project also incorporates the protection and restoration planting of existing shoreline marsh areas where damaged by construction. Contractor shall coordinate with the Savannah District for erosion control, staging areas required to perform the work, coordination of stockpile areas for rock or other protection materials, maintenance of onsite access routes, and all other requirements necessary to complete the work.

All work shall be performed in accordance with the contract specifications, the provided plans, manufacturer’s recommendations, and state codes. Work performed under this contract shall comply with all contract specifications. Submittals shall be approved prior to work commencement and rock gradation shall be approved prior to delivery. Areas that are disturbed during rock embankment repairs, to include stock pile areas, shall be smoothly and uniformly dressed and grassed during close out of contract. This cost is considered as incidental. All dirt work, to include benching if needed or minor dike repair/realignment, shall be considered incidental to rock installation cost. Haul routes shall be discussed and outlined in preconstruction meeting. Where conflicts arise between publications, the most stringent requirements shall apply.

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-16 Commercial and Government Entity Code Reporting NOV 2014

52.204-18 Commercial and Government Entity Code Maintenance NOV 2014

52.211-7 Alternatives to Government-Unique Standards NOV 1999

52.214-3 Amendments To Invitations For Bids DEC 1989

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids MAR 1997

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-12 Preparation Of Bids APR 1984

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-21 Descriptive Literature APR 2002

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999

52.232-13 Notice Of Progress Payments APR 1984

52.247-6 Financial Statement APR 1984

252.215-7008 Only One Offer OCT 2013

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting

Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

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

52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph

(b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. Army Corps of Engineers, Savannah District

Attn: CESAS-CT-E (Bruce Helms)

100 West Oglethorpe Avenue

Savannah, GA 31401-3604

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Section 00 45 00 - Representations and Certifications

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

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

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

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

52.225-5.

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

(xx) 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.

(xxi) 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 certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

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

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

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(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 via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 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.

https://www.acquisition.gov/

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

https://www.acquisition.gov/

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

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

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

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign

Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from…