W912HY19B0004-Specs.pdf

SOLICITATION NO. W9126HY19B0004

GULF INTRACOASTAL WATERWAY, TEXAS

BRAZOS RIVER FLOODGATES AND

COLORADO RIVER LOCKS

IN BRAZORIA AND MATAGORDA COUNTIES, TEXAS

PROJECT MANUAL FOR

REPAIR OF SCOUR HOLES

DECEMBER 2018

DEPARTMENT OF THE ARMY

GALVESTON DISTRICT, CORPS OF ENGINEERS

P.O. BOX 1229

GALVESTON, TEXAS

"INCREASE PROFIT - SUBMIT VECP'S"

This project was designed by the Galveston District of the U.S. Army Corps of Engineers.

The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

ROBERT C. THOMAS, P.E.

CHIEF, ENGINEERING AND CONSTRUCTION DIVISION

SWG FI LE NO. : I WW 1158- 77 SOLI CI TATI ON NO. : W912HY19B0004

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 00 00 SOLI CI TATI ON, OFFER AND AWARD, SF- 1442

00 11 00. 00 45 BI D SCHEDULE

00 21 00 I NSTRUCTI ONS, CONDI TI ONS AND NOTI CES TO OFFERORS

00 45 00 REPRESENTATI ON AND CERTI FI CATI ONS

00 72 00 CONTRACT CLAUSES

00 73 00. 00 45 SPECI AL CONTRACT REQUI REMENTS, STANDARD

00 73 46 WAGE RATES

00 73 53. 00 45 SECURI TY PROCEDURES

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 00 10 SUMMARY OF WORK

01 10 00. 00 45 NON- REGULATED SPECI AL CONTRACT REQUI REMENTS

01 22 00. 10 MEASUREMENT AND PAYMENT

01 32 01. 01 45 PROJECT SCHEDULE

01 33 00 SUBMI TTAL PROCEDURES

01 35 26. 02 45 GOVERNMENTAL SAFETY REQUI REMENTS

01 42 00 SOURCES FOR REFERENCE PUBLI CATI ONS

01 45 00. 15 10 RESI DENT MANAGEMENT SYSTEM CONTRACTOR MODE( RMS CM)

01 45 01. 00 QUALI TY CONTROL

01 57 20. 00 45 ENVI RONMENTAL PROTECTI ON

01 58 13. 01 45 PROJECT I DENTI FI CATI ON

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 31 19. 30 45 STONE

- - End of Pr oj ect Tabl e of Cont ent s - -

PROJECT TABLE OF CONTENTS Page 1

W45VAK83038923

This requirement is a 100% Small Business Set-Aside for Gulf Intracoastal Waterway, Texas, Brazos

Brazos

River Floodgates and Colorado River Locks in Brazoria and Matagorda Counties, Texas, Repair of Scour Holes.

Holes. Estimated Construction Range (FAR 36.201) - The estimated price range of the proposed construction construction is between $1,000,000.00 and $5,000,000.00.

$5,000,000.00.

X

WILLIAM A BONDURANT

BONDURANT

409 766 3944

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

"bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

DOCUMENTS

NEGOTIATED

D

31 Dec 2018

(RFP)

(IFB)

CALL:

B. TELEPHONE NO.

NO.

(Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SOLICITATION

SEALED BID

BID

3. DATE ISSUED

ISSUED

9. FOR INFORMATION A. NAME

NAME

SOLICITATION

N

NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442

(REV. 4-85)

85)

Prescribed by GSA

GSA

FAR (48 CFR) 53.236-1(e)

1(e)

11. The Contractor shall begin performance within _______ calendar days and complete it within ________ calendar days after receiving receiving award, X notice e to proceed.

proceed.

This performance period is is

X mandatory, negotiable.

(See _________________________ 00 73 00.00 45

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

BONDS?

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

X YES

S

NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

REQUIREMENTS:

A. Sealed offers in original and __________

0 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ____30 JAN 2019

(date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

time.

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

due.

B. An offer guarantee guarantee

X is, is not not required.

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

reference.

D. Offers providing less than _______ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

rejected.

SOLICITATION, OFFER,

OFFER,

AND AWARD

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

NO.

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

offeror.

4. CONTRACT NO.

NO.

7. ISSUED BY

BY

CODE

E

US ARMY CORPS OF ENGINEERS

ENGINEERS

2000 POINT FORT ROAD

ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY

Y

PAGE OF PAGES

PAGES

CODE

E

(Title, identifying no., date):

12B. CALENDAR DAYS

DAYS

02:00 PM

PM

(hour)

Sealed envelopes containing offers offers

5. REQUISITION/PURCHASE REQUEST NO.

NO.

6. PROJECT NO.

NO.

8. ADDRESS OFFER TO

TO

(If Other Than Item 7)

409 766 3100

FAX:

TEL:

409 766 3963

TEL:

FAX:

W912HY19B0004

X

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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)

CODE 27. 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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 this 28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror) OFFER

SECTI ON TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

SECTI ON 00 11 00. 00 45

BI D SCHEDULE

PART 1 GENERAL

1. 1 BI D SCHEDULE

1. 1. 1 Schedul e No. 1

1. 1. 2 Opt i on No. 1

1. 2 EVALUATI ON OF OPTI ONS ( Jul y 1990) ( FAR 52. 217- 5)

- - End of Sect i on Tabl e of Cont ent s - -

DOCUMENT 00 11 00. 00 45 Page 1

SECTI ON 00 11 00. 00 45

BI D SCHEDULE

PART 1 GENERAL

1. 1 BI D SCHEDULE

( TO BE ATTACHED TO STANDARD FORM 1442)

1. 1. 1 Schedul e No. 1

I t em No. Description Estimated Quantity

Unit Uni t Pr i ce Est i mat ed Amount

SCHEDULE NO. 1

0001 Col or ado Ri ver Locks Mobi l i zat i on and Demobilization

1 JOB SUM $___________

0002 Col or ado Ri ver Locks - Recycl ed Concrete 11,700 Ton $_________ $___________

0003 Col or ado Ri ver Locks - Gr ani t e Stone 4,630 Ton $_________ $___________

TOTAL SCHEDULE NO. 1 $___________

NOTE: Compl et i on t i me st at ed i n SECTI ON 00 73 00. 00 45 SPECI AL CONTRACT REQUI REMENTS, STANDARD i s f or Schedul e No. 1 wor k.

DOCUMENT 00 11 00. 00 45 Page 2

BI D SCHEDULE ( CONT' D)

( TO BE ATTACHED TO STANDARD FORM 1442)

1. 1. 2 Opt i on No. 1

Item No.

Description Estimated Quantity

Unit Uni t Pr i ce Est i mat ed Amount

OPTI ON NO. 1

0004 Br azos Ri ver Floodgates Mobi l i zat i on and Demobilization

1 JOB SUM $___________

0005 Br azos Ri ver Fl oodgat es - Recycl ed Concr et e 2,670 Ton $___________ $___________

0006 Br azos Ri ver Fl oodgat es - Gr ani t e St one

2,820 Ton $_________ $___________

TOTAL OPTI ON NO. 1 $___________

TOTAL SCHEDULE NO. 1 AND OPTI ON NO. 1 $___________

NOTE FOR OPTI ON NO. 1: The Gover nment may exer ci se t hi s Opt i on by wr i t t en not i ce t o t he Cont r act or pr i or t o compl et i on of al l aut hor i zed wor k. An addi t i onal t i me of 25 cal endar days wi l l be added t o t hi s Cont r act f or compl et i on of t hi s Opt i on.

DOCUMENT 00 11 00. 00 45 Page 3

BI D SCHEDULE ( CONT' D)

( TO BE ATTACHED TO STANDARD FORM 1442)

1. 2 EVALUATI ON OF OPTI ONS ( Jul y 1990) ( FAR 52. 217- 5)

Except when i t i s det er mi ned i n accor dance wi t h FAR 17. 206( b) not t o be i n t he Gover nment ' s best i nt er est s, t he Gover nment wi l l eval uat e of f er s f or awar d pur poses by addi ng t he t ot al pr i ce f or al l opt i ons t o t he t ot al pr i ce f or t he basi c r equi r ement . Eval uat i on of opt i ons wi l l not obl i gat e t he Gover nment t o exer ci se t he opt i on( s) .

- - End of Document - -

DOCUMENT 00 11 00. 00 45 Page 4

SWG FILE NO.:IWW 1158-77 SOLICITATION NO.:W912HY19B0004

Section 00 21 00 - Instructions

LOCAL CLAUSES

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between $1,000,000 and $5,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBISTE ((FBO)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the following internet addresses:

http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily

(using the above links) for amendments to the solicitation. You must be registered in the System for Award Management (SAM) to receive a government contract award. You may register with SAM at https://www.sam.gov

1.3 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (18 MAR 2013) (UAI

31.105-100)

In accordance with FAR 31.105(d)(2)(i)(b), equipment ownership and operating cost shall be determined using EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule.

1.4 PREAWARD INFORMATION CONSTRUCTION (CESWG-CT)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 5 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value there of, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work.

The "such other information" referred to above shall include but is not limited to the following:

(a) The name and address of the office or firm under which such similar work was performed.

(b) A list of key personnel available for the instant project and their qualifications.

(c) A copy of bidder's last year's financial statement, including the names of banks or other financial institutions with which the bidder conducts business. Such statement will be confidential.

(d) Business Financial Condition Evaluation. The evaluation factors listed below shall be prepared by the contractor's certified public accountant.

• Liquidity

• Current Ratio ____________________________________

• Quick Ratio ____________________________________

• Leverage

• Debit/Net Worth_________________________________

• Operating Efficiency

• Return On Assets _____________________________________

• Asset Turnover _____________________________________

• Profitability http://www.fbo.gov/ http://www.sam.gov/

SWG FILE NO.:IWW 1158-77 SOLICITATION NO.:W912G19B0004

Section 00 21 00 - Page 2

(1) % Return On Equity

(2) % Return On Sales ______________________________________

(e) A list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

1.5 BIDDER'S QUALIFICATIONS (CESWG-CT)

Before a bid is considered for award, the bidder may be requested by the

Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.6 CAUTIONS & REMINDERS TO BIDDERS (CESWG-CT)

All information required by the terms of the Invitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper bid. Check as you read.

SECTION 00 45 00, REPRESENTATIONS &

CERTIFICATIONS portion of the bid package?

bid properly signed?

(A late bid guarantee is treated the same as a late bid).

Bid guarantee shall be in the amount of 20 percent of the amount of the bid, or $3 million, whichever is less.

properly signed by both the bidder and surety and are all required seals affixed?

ted the bid the same on your bid as on your bid bond?

(The Invitation will specifically state when this is necessary).

your figures legible?

correct?

bid?

f the

Invitation.

a sealed bid and does it contain the correct invitation number and bid opening time?

-carried bids will not be considered. Late mailed bids may be considered if sent by

Registered or Certified Mail; if late receipt was due to delay in mails, or if specific requirements have been met. (See the portion of the Invitation pertaining to "Late Bids and Modifications or Withdrawals").

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item

19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary

Contracting Officer. However, any Contracting Officer assigned to the

Galveston District/Fort Worth District may take formal action. See Section entitled "Specific Project Requirements".

Section 00 21 00 - Page 3

• SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS/OFFERS:

Hand-carried Bids/Offers must be delivered to: the Contract Specialist or

Contracting Officer located at the US Army Corps of Engineers, Jadwin

Building, 2000 Fort Point Road, Galveston District, Galveston, TX 77550. Not

Later than the Due Date and Time. Bids/Offers will only be accepted by contracting personnel. Guards are not authorized to accept Bids/Offers on behalf of the Government.

Galveston District has a security gate located on Fort Point Rd and requires all occupants of the vehicle to have a valid driver’s license for entry.

Parking is limited. Firearms are not permitted on the installation. Offerors are cautioned to allow sufficient time for travelling over the causeway or ferry. Neither will constitute Government-caused delay.

Offerors are also cautioned that Galveston is an island that, during Spring

Break and the Summer Season, can have traffic slowdowns and congestion because the District is collocated with the Bolivar Ferry traffic waiting to board and can delay access to the District Office.

(End of Clause)

• BIDDER INQUIRY – PROJNET

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder

Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W912HY19B0004

The Bidder Inquiry Key is: FBVMEY-96836A

2. The Bidder Inquiry System will be unavailable for new inquires fifteen

(15) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time

Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Offers will be publicly opened at the date/time stated in the solicitation.

1.9 DAVIS-BACON ACT (CESWG-CT)

Paragraph entitled DAVIS-BACON ACT of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation. Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

http://www.projnet.org/projnet

Section 00 21 00 - Page 4

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and

Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-

Construction

AUG 1996

52.217-5 Evaluation Of Options JUL 1990

52.232-38 Submission of Electronic Funds Transfer

Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM-FIXED PRICE (FFP) contract resulting from this solicitation.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the

Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Section 00 21 00 - Page 5

Goals for minority participation for each trade

Goals for female participation for each trade

Brazoria County:

27.3%

Matagorda County:

27.4%

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 SMSA Brazoria County, Texas & NON-SMSA

Matagorda County, Texas. (End of provision)

Section 00 21 00 - Page 6

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

Section 00 21 00 - Page 7

(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 Contracting

Officer, US Army Corps of Engineers, Galveston District, PO Box

1229,Galveston, Texas 77553-1229, submitting the protest at SWG-CT-

Protest@usace.army.mil.

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

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site

Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name:

Address:

Telephone:

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):

http://farsite.hill.af.mil/

Section 00 45 00 - Page 1

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of

Representations and Certifications.

DEC 2014

52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or

Transactions Relating to Iran--

Representation and Certifications.

AUG 2018

252.247-7022 Representation Of Extent Of

Transportation Of Supplies By Sea

AUG 1992

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is $36,500,000.

(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, 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;

Section 00 45 00 - Page 2

(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) 52.209-2; Prohibition on Contracting with Inverted Domestic

Corporations--Representation.

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 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.

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

(xi) 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.

Section 00 45 00 - Page 3

(B) The provision with its Alternate I applies to solicitations issued by

DoD, NASA, or the Coast Guard.

(xii) 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.

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

Opportunity.

(xiv) 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.

(xv) 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.

(xvi) 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.

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

(xviii) 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.)

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

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

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(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan--Certification. This provision applies to all solicitations.

(xxiii) 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.

(xxiv) 52.226-2, Historically Black College or University and Minority

Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for

Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of

Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference

(see FAR 4.1201); except for the changes identified below [ offeror to https://www.sam.gov/

Section 00 45 00 - Page 5 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.

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and

Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty

Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the

DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Section 00 45 00 - Page 6

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-20 Predecessor of Offeror (JUL 2016)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and

Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty

Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the

DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name

(often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Section 00 45 00 - Page 7

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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:

Section 00 45 00 - Page 8

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or https://www.sam.gov/

Section 00 45 00 - Page 9

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

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

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

-REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year.

The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs

(b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

Section 00 45 00 - Page 10

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible

Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

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 Certain Foreign Entities--Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

Section 00 45 00 - Page 11

(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting

Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign

Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program

Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary…