W912P4-17-R-0009_Cleveland_Pavers_Solicitation.pdf

The government intends to aw ard one (1) f irm fixed priced contract as a result of this solicitation.

In order to compete, offerors must be a Small Business as designated by FAR Clause 52.219-6. The applicable Wage Determination number is

OH170002. The Wage Determination is attached in the solicitation.

The NAICS code is 238990 and Size Standard is $15M.

The price range for this project is estimated to be betw een $25,000 and $100,000. The Buy American Act is applicable to this acquisition. A

Bid Guarantee shall be submitted w ith the nid to be considered responsive. The amount of the guarantee shall be 20 percent of the total of the "Bidding Schedule" or $3,000,000 w hichever is less, see FAR Clause 523.228-1.

Offerors must be registered in the SAM Database (w w w .sam.gov) in order to be aw arded contract.

Proposal Offer may be submitted via electronic means to Frank.J.DAndrea@USACE.Army.mil and Casimir.Brzozow iec@USACE.Army.mil prior to proposal due date and time. Hard copies of electronically provided proposals shall be mailed show ing postmark no later than the proposal due date and time.

Questions concerning this solicitation shall be submitted via electronic means to Frank.J.DAndrea@USACE.Army.mil and

Casimir.Brzozow iec@USACE.Army.mil by July 12, 2017 3:00PM

CASIMIR BRZOZOWIEC 716-879-4232

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

28-Jun-2017

(RFP)

(IFB)

X

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 ________120 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________31 Jul 2017 (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 _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, BUFFALO

1776 NIAGARA STREET

BUFFALO NY 14207-3199

W912P4

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 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: 716.879.4173 TEL: FAX:

W912P417R0009 14

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

W912P417R0009

Section 00 00 00 - Procurement and Contracting Requirements

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

Section 00 10 00 - Solicitation

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for--

July 6, 2017 10:00AM and

July 7, 2017 10:00AM.

(c) Participants will meet at--

1035 E 9th St, Cleveland, OH

(End of provision)

SITE VISIT

Site Visit – Additional information

Site Visit – A pre-bid visit / walkthrough will be held on 6 and 7 July 2017 at 10:00 AM for all contractor’s interested in bidding the work.

Site visit must be coordinated with the Ohio Area Office. Point of Contact is:

Mr. Joseph Kolat Tel: 216-685-1213 Email: joseph.r.kolat@usace.army.mil

Section 00 45 00 - Representations and Certifications

252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PERFORMANCE INFORMATION

RETRIEVAL SYSTEM--STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUNE

2015)

(a) The Past Performance Information Retrieval System--Statistical Reporting (PPIRS-SR) application

(http://www.ppirs.gov/) will be used in the evaluation of suppliers' past performance in accordance with DFARS

213.106-2(b)(i).

(b) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing

Department of Defense reporting systems to classify each supplier's performance history by Federal supply class

(FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.

(c) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier's past performance in conjunction with the supplier's references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.

(d) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User's Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf.

Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by

PPIRS-

SR is provided in the User's Manual.

(End of provision) http://www.ppirs.gov/ https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf

Section 00 70 00 - Conditions of the Contract

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records MAY 2014

52.222-9 Apprentices and Trainees JUL 2005

52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.222-59 Compliance with Labor Laws (Executive Order 13673) DEC 2016

52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-15 Performance and Payment Bonds--Construction OCT 2010

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

52.236-4 Physical Data APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-17 Layout of Work APR 1984

52.236-26 Preconstruction Conference FEB 1995

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.243-4 Changes JUN 2007

52.244-6 Subcontracts for Commercial Items JAN 2017

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 days after NTP. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $200 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) ALTERNATE II (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns and Federal Prison Industries, inc. (FPI).

Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to either a small business concern or FPI.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

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

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph

(b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the

Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___

Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___

Item 2

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___

Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ https://www.acquisition.gov/

252.236-7004 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) 60 percent of the lump sum price upon completion of the contractor's mobilization at the work site.

(2) The remaining 40 percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the

Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of --

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

BID SCHEDULE

Paver Repairs Cleveland, OH USACE

Base Bid

Item No. Description Unit Quantity Unit Price Bid Total Unit Cost

1 Mobilization and Demobilization LS 1

2 Remove and Reset or Replace Existing Pavers SF 1,265

Spot Remove and Reset or Replace Existing Pavers SF 140

Replace Curbs, Sawcut Pavement, Excavate and Pour Concrete at Site Entrance LS 1

Remove and Replace Concrete at Manhole and Valve Box LS 1

Miscellaneous Concrete Removal and Restortation LS 1

Total - Base Bid (Items 1 - 6)

Paver Repairs Cleveland, OH US Army Corps of Engineers Ohio Area Office Buffalo District

1035 E 9th St Cleveland, OH

Scope of Work

June 26, 2017 i

February 28, 2017

Table of Contents

Paragraph Page

1 Description of Work………………………………………………..…………………………………………………. 1

2 General Requirements…………………………………….…………………………………………………………. 1

3 Description of Bid Items……………………………………………..………………………………………………. 7

4 Site Restoration and Cleanup…………………………………………………..………………………………... 12

Attachments

Attachment 1 – Photographs Attachment 2 – DHS Form I-9 Employment Eligibility Verification Attachment 3 – Activity Hazards Analysis Attachment 4 – Form ENG 3394 Accident Investigation Report Attachment 5 – Contractor Monthly Man Hour Reports Attachment 6 – Contractor Quality Control Plan Checklist and Example Format

Scope of Work

1 DESCRIPTION OF WORK

The US Army Corps of Engineers Ohio Area Office is located at 1035 E 9th St, Cleveland, OH.

This office has experienced settling, cracking, and general deterioration of the sidewalk pavers at the site entrance. Specific descriptions of the items are as follows:

1.1 Mobilization and Demobilization

Provide the general requirements as outlined in the contract, including pre-construction submittals, material submittals, required plans and safety documentation / plans.

Mobilization and Demobilization are included in this item.

1.2 Remove, Reset or Replace Pavers at E 9th St. Cul-de-sac

Many existing pavers in this area are cracked, deteriorated, or missing. The sub base is not level, with significant heaving and settling.

1.3 Spot Remove, Reset or Replace Pavers at E 9th St. Sidewalk

Some of the existing pavers in the area are cracked, deteriorated or missing. Portions of the sub base have experienced settling.

1.4 Replace Curb, Sawcut Pavement, Excavate and Pour Concrete at Site Entrance

The existing concrete and curbs in this location are deteriorating.

1.5 Remove and Replace Concrete at Manhole and Valve Box

The existing concrete at the manhole and valve box is cracked and deteriorating.

1.6 Miscellaneous Concrete Removal and Site Restoration

The existing concrete at specified location are no longer utilized.

2 GENERAL REQUIREMENTS

2.1 The Contractor shall comply with clauses and requirements as contained in the contract.

2.2 General Requirement: Contractor shall schedule work and provide necessary temporary constructions means to maintain normal US Army Corps of Engineers (USACE) operations.

2.3 Health and Safety – All work under this contract shall be performed in accordance with the current edition of the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The manual is available online at:

http://www.usace.army.mil/CESO/Pages/Home.aspx

2.4 Duration of Contract – The Contractor shall have 120 calendar days from Notice to Proceed (NTP) to complete the work shown on the accompanying plans, and as described in this Scope of Work.

2.5 Warranties – The warranty must cover all work that is done. The length of the warranty shall extend one year past the date of final acceptance by the Government for all materials and labor. The warranties will be delivered to the Government no later than the final pay estimate and will be transferred to the USACE Buffalo District. The Contractor shall issue a warranty for a minimum of 1 year for the workmanship and quality over all work performed under this contract.

2.6 Site Visit – A pre-bid visit / walkthrough will be held on 6 and 7 July 2017 at 10:00 AM for all contractor’s interested in bidding the work. Site visit must be coordinated with the Ohio Area Office. Joseph Kolat, 216-685-1213, joseph.r.kolat@usace.army.mil

2.7 Hours of Work – The Contractor shall determine the typical work day for his workers on site and coordinate with the Contracting Officer’s Representative (COR) for approval. Weekends and holidays are not available as work days unless approved by the COR. Requests to work weekends or holidays must be submitted in writing to the COR at least 48 hours in advance.

2.8 Site Access – The Contractor shall coordinate access to the project site with the USACE COR.

Contractor personnel information including, but not limited to, names, addresses, and social security numbers, shall be provided to the COR upon request.

2.8.1 Security Requirements (On-Site):

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive http://www.usace.army.mil/CESO/Pages/Home.aspx

2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

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

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file. Form I-9, a blank form, is included as Attachment 2 for reference.

All personnel entering in or working on Federal Property will be screened and checked for criminal history and proper immigration status. Personnel who do not meet the minimum standards will not be allowed on job site.

As a secure facility, all contractors working at the USACE Ohio Area Office (OAO) will be subject to the security provisions and requirements of the facility. The Contractor shall be advised that work at the USACE OAO will incur time constraints associated with security compliance activities (i.e., personnel and vehicle inspections, tool inventories, etc.). The Contractor shall ensure that security compliance activities are properly factored into the work scheduling and cost proposal. The Contractor shall coordinate with the facility regarding all applicable security requirements (Point of Contact: Joseph Kolat, Telephone: (216) 685-1213, E-mail: Joseph.R.Kolat@usace.army.mil). Daily security compliance will be coordinated with the USACE COR. Additionally, for each employee who will be on site during the duration of the project, the Contractor shall be responsible for providing the required information for USACE verification. The Contractor must submit the required security information no later than fourteen (14) calendar days prior to the scheduled start of on-site work to the following address:

USACE OAO

1035 E 9th St Cleveland, OH 44114 ATTN: Joseph Kolat

Failure to provide the above information will result in contractor personnel being denied access and/or delay the start of on-site work. No time extension will be granted for late and/or incomplete submissions. The Government may deny contractor personnel access upon review of submitted documents. The contractor will be notified of any employees not granted access no later than seven (7) days prior to the scheduled start of work.

Once the background check is completed, the project supervisor or designated Contractor Point of Contract (POC) will immediately be notified in the affirmative or negative. If the results are unacceptable, the project supervisor or POC must remove that individual from the project immediately.

The USACE OAO will maintain a log of all individuals checked. A list will be provided of all personnel that have been cleared to work at the Facility. The COR shall ensure that only approved personnel are provided access to the project site.

2.9 Proposal Submission Requirements – The Contractor shall submit a Work Plan and a completed Bid Schedule. The Work Plan shall include a description of the contractor’s normal hours of operation, the number of people expected on site, and equipment to be used. Work Plan to include processes for repair and replacement of pavers, curbing, concrete placement, asphalt removal and replacement, concrete repair at manhole and valve box, etc.

2.10 Submittals – Submittals shall be sent in triplicate to the COR for review and approval. The

Contractor shall allow seven (14) calendar days for Government review of submittals. Costs for producing these submittals shall be included in Bid Schedule Item No. 1 – Mobilization and Demobilization.

2.10.1 The project cannot proceed until all safety submittals required under this contract have been reviewed and approved by the Buffalo District Contracting Officer:

Preconstruction Submittals:

Contractor Quality Control Plan Contractor Work Plan (required in Proposal) Activity Hazard Analysis (AHA); (see Attachment 3 for format) Proof of qualifications for Competent Persons/Site Safety and Health Officer(s)

(SSHO); to include copy of the 10-hour OSHA construction safety class completion certificate, resume of experience.

Insurance Material Submittals Staging area layout location and configuration Sample Labor, Equipment and Material Report

Submit reports as required:

Accident Reports via ENG Form 3394 Accident Investigation Report (Attachment 4) Monthly Man-Hour Exposure Reports by the 5th day of each month (Attachment 5)

All Contractor accidents involving injuries, illnesses or property damage, occurring during the execution of this contract shall be reported to USACE within 4 hours of the contractor becoming aware of its occurrence. Notification will include contractor name;

contract title; type of contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of construction equipment used, PPE used, etc.). The USACE initial contact must be made personally (telephone or email messages only are not acceptable) to one of the following:

1. Contracting Officer Representative (COR): Joseph Kolat; work (216) 685-1213

Email: Joseph.R.Kolat@usace.army.mil

2. Contracting Officer: Frank D’Andrea; work (716) 879-4245

Email: Frank.J.Dandrea@usace.army.mil

3. Project Manager: Vito Melilli; work (216) 685-1205, mobile (216) 701-5659

Email: Vito.C.Melilli@usace.army.mil

During the performance of work, the Contractor shall comply with procedures prescribed for control and safety of all persons visiting the site. The Contractor is responsible for his personnel and for familiarizing each of his subcontractors with safety requirements. The Contractor shall advise the Contracting Officer of any special safety restriction he has established so that Government personnel can be notified of these restrictions. The Contractor shall permit safety inspections of all work being performed.

USACE EM 385-1-1 (30 Nov 2014) Safety and Health Requirements Manual UFGS-01 35 26 (August 2009) Governmental Safety Requirements USDOL OSHA 29 CFR 1926 Safety and Health Regulations for Construction USDOL OSHA 29 CFR 1910 General Industry Safety and Health Standards

2.10.2 Plan of Staging Area – After award, the Contractor shall submit drawings of the proposed location and layout of the construction staging area. Drawings shall consist of a plan view of proposed temporary occupation. Government acceptance of this plan is required prior to commencing work.

2.10.3 Other Submittals – The project cannot proceed until all construction material submittals and the Contractor Quality Control Plan submittal, as required under this contract, have been reviewed and approved by the Buffalo District Contracting Officer.

2.11 Protection of Existing Structures and Underground Utilities – The project site is within the property limits of the USACE OAO. It is the Contractor’s responsibility to protect the existing structures, inclusive of overhead and buried utilities and security fence from damage due to his operations. The Contractor shall repair, at his own expense, any damage to the existing structure or to utilities to their preconstruction condition and to the satisfaction of the COR.

All infrastructure and utilities contained within project site and right of way must be coordinated with the appropriate agencies by The Contractor. This includes identification of subsurface infrastructure and utilities, existing conditions and required repairs for the completion of the project.

mailto:Vito.C.Melilli@usace.army.mil

2.12 Staging and Storage Areas – The Contractor shall stage and store materials to be used in the work inside the south entrance gate. Exact location and limits of staging area shall be set in the field by the COR. The staging area shall be restored to pre-existing conditions upon completion of the proposed works.

2.13 Liquidated Damages – In accordance with FAR 52.211-12, liquidated damages of $200.00 per day will be charged to the Contractor for each calendar day the project is not completed to the satisfaction of the Government beyond the established period of performance.

2.14 Contractor Quality Control (CQC) Plan Requirements

Submit no later than 7 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause titled "Inspection of Construction." The Government will consider an interim plan for the first 21 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional work. A CQC Plan Checklist and document format are included as Attachment 6 to this Scope of Work.

2.12.1 Content of the CQC Plan

Include, as a minimum, the following to cover all operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents:

a. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff will implement the three phase control system for all aspects of the work specified. Include a CQC System Manager who reports to the project superintendent.

b. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a CQC function.

c. A copy of the letter to the CQC System Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the CQC System Manager, including authority to stop work which is not in compliance with the contract. Letters of direction to all other various quality control representatives outlining duties, authorities, and responsibilities will be issued by the CQC System Manager. Copies of these letters must be furnished to the Government.

d. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents.

e. Control, verification, and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test. (Laboratory facilities approved by the Contracting Officer must be used.)

f. Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation.

g. Procedures for tracking construction deficiencies from identification through acceptable corrective action. Establish verification procedures that identified deficiencies have been corrected.

h. Reporting procedures, including proposed reporting formats.

i. A list of the definable features of work. A definable feature of work is a task which is separate and distinct from other tasks, has separate control requirements, and may be identified by different trades or disciplines, or it may be work by the same trade in a different environment. Although each section of the specifications may generally be considered as a definable feature of work, there are frequently more than one definable feature under a particular section. This list will be agreed upon during the coordination meeting.

2.12.2 Acceptance of Plan

Acceptance of the Contractor's plan is required prior to the start of construction.

Acceptance is conditional and will be predicated on satisfactory performance during the construction of the project. The Government reserves the right to require the Contractor to make changes in his CQC Plan and operations including removal of personnel, as necessary, to obtain the quality specified.

2.12.3 Notification of Changes

After acceptance of the CQC Plan, notify the Contracting Officer in writing of any proposed change. Proposed changes are subject to acceptance by the Contracting Officer.

3 DESCRIPTION OF BID ITEMS

Base Bid: Bid Items 1 – 6

Bid Item 1 – Mobilization and Demobilization

A. Work Included – All work under this item will be paid as part of the contract lump sum prices for Mobilization and Demobilization. Work under this item shall include mobilization and demobilization of all contractor plant, labor, equipment and materials necessary to perform the work. Preparation of submittals for review and approval by the Government shall be included in the contract lump sum price bid for this item. Provision and installation of all erosion and sediment control measures, as shown on the plans, shall also be included in this bid item.

Submittals in accordance with Section 2.8 above shall also be included in the lump sum price bid for this item.

B. Measurement – Measurement for payment shall be a certain percentage of the lump sum price for this item, as determined and approved by the COR. Note that only one mobilization / demobilization will be paid for under this contract. Should the Contractor be required to construct this project over two construction seasons as a result of delays on their part, payment for the second mobilization will not be considered.

C. Payment – Payment of the unit price per lump sum stated in the Proposal, completed and approved for payment shall constitute full payment for work done under this item.

Payment shall be in accordance with DFAR 252.236.7004.

Bid Item 2 – Remove, Reset or Replace Pavers at E 9th St. Cul-de-sac

A. Work Included – Work under this item shall include all contractor plant, labor, equipment and materials necessary to perform the work at the E 9th St cul-de-sac; inclusive of:

Remove all pavers in vicinity as indicated in the photo below (1,265 SF with an estimated 10% cracked or failed pavers to be replaced).

Removal all accumulated organic material. Remove sand course as necessary for access to un-level areas of aggregate subbase course.

Level and compact aggregate subbase course at areas of settlement and heaving.

Install concrete or steel cap below pavers at void behind receiver. Refer to Attachment

1, Photo 4.

Replace sand course as necessary to match original depth. Level and compact.

Install existing undamaged and replacement pavers (match existing, as manufactured by

Unilock or approved equal) per the original layout.

Brush in polymeric sand between paver joints.

B. Excavation and disposal of all materials; installation of pavers, sand and subbase aggregate;

and compaction of this material shall be included in the per square foot contract price bid for this item.

C. Measurement – Measurement for payment shall be the square footage of pavers addressed.

D. Payment – Payment of the unit price per square foot stated in the Proposal, completed and

Bid Item 3 – Spot Remove, Reset or Replace Pavers at E 9th St. Sidewalk and materials necessary to perform the work at the E 9th St sidewalk; inclusive of:

Spot remove broken, deteriorated, and settled pavers in vicinity as indicated in the photo below. Work to include approximately 140 SF of deteriorated and settled sections of pavers, and an additional 20 miscellaneous damaged pavers.

Removal all accumulated organic material. Remove sand course as necessary for access to un-level areas of aggregate base.

Level and compact aggregate base at areas of settlement.

Replace sand…