FBO.govSOL.pdf

The USACE Buffalo District is currently preparing a solicitation to award a contract for Athol Springs shoreline reduction and protection. Work will consist of the repair and augment the protection of the shoreline. This will be done with a stone revetment consisting of stone and a splash apron.

The Government intends to award on a Firm Fixed Price contract for the Athol Springs Breakwater as a result of this solicitation. The contract will have a period of performance of 623 days on base work from issuance of Notice to Proceed. Please see Section 01 35 13 of the specification and FAR Clause 52.211-10 for more information.

This will be a full and open, unrestricted procurement subject to price evaluation preference for HUBZONE small business concerns in accordance with FAR 19.1307. The applicable Wage Determination is IL 190018. The Wage Determination is attached in the solicitation.

The cost of this project is estimated between $5,000,000 to $10,000,000. The Buy American Act is applicable to this acquisition. A Bid Guarantee shall be submitted with the bid to be the considered responsive. The amount of the guarantee shall be at least 20% of bid amount and not exceed $3,000,000 whichever is less, see FAR Clause 52.228-1.

X

WALTER KAMAD 716.879.4134

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

30-May-2019

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance within _______10 calendar days and complete it within ________ 623 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________ FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ 02 Jul 2019 (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) work 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 will not be considered and will 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

03:00 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:

W912P419B0005 76

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 this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

BID SCHEDULE/CLINS

SECTION 00

10 00

BIDDING

SCHEDULE

The work pursuant to terms and conditions of this contract consists of all work as shown on the contract drawings and the New York State Department of Transportation drawings, and in accordance with the specifications.

SCHE

DULE

"A" Item No.

Description

Estimated Quantity

Unit

Price

Estimated Amount

1 Mobilization and Demobilization 1 JA

(including project signs)

2 Record (As-built) Drawings 1 JA

(includes all surveys, photographs, and videos)

3 Site Access Ramp 1 JA $

4 H-Piles 366 LF $ $

5 Geotextile 5500 SF $ $ STA 3+00 to 13+00

6 Trench for Toe Stone 1035 LF $ $ STA 3+00 to 13+00

7 Removals To Be Taken Off-Site 1280 TN $ $ STA 3+00 to 13+00

8 Relocation of Natural Littoral

Materal (STA 3+00 to 13+00) 1 JA $

9 Concrete 635 CY $ $ (Continuous Splash Wall and

Apron, and Haunch)

Stone, STA. 3+00 to 13+00

Including tie-in at Station 3+00

10a Armor 17530 TN $ $

10b Underlayer 12000 TN $ $

Crushed Gravel 81 TN $ $

12 Impervious Fill 2650 CF $ $

13 High Slump Concrete Fill 1 JA $ STA 3+00 to 13+00

14 Shotcrete (Seawall Crack Fill) 1 JA $

15 Weep Holes From STA 3+00 to 13+00

50 EA $ $

16 Project Fence (Chain Link 6') 2450 LF $ $ With Gates

17 Temporary Construction Facilities and 1 JA $ Controls (Section 01 50 00)

18 Seawall Patchs 4 EA $ $

19 Topsoil, Seeding, and Scour Protection Protection (STA 3+00 to 13+00)

1660 SF $ $

20 Topsoil and Seeding 2205 SF $ $

Total Estimated Amount (Items 1 ~ 20)

Option A

21 Additional Concrete for Inserting Bumpouts

7 CY $ $

Option B

22 NYSDOT Ornamental Fence 180 LF $ $

Option C 23 ADA Ramp and Swing Gate

JA

Option D 24 Toe Bars

EA

Option E 25 Architectural Treatment

SF

Option F 26 Staining of Concrete Surfaces

Option G

27 Bronze Plaques 5 EA $ $

Option H 28 Engraving and Sealing 5 EA $ $

Option I

29 Anti-graffiti Protective Coating 1 JA $

Option J

30 NYDOT Drainage 1 JA $

Total Estimated Amount Option Items Only (Items 21 ~ 30) $ ‐

Option K 31 Geotextile

STA 0+00 to 3+00

Option L 32 Trench for Toe Stone

SF $ $

LF $ $

Option M

Option N

Removals To Be Taken Off-Site

Relocation of Natural Littoral

320 TN $ $

Materal (STA 0+00 to 3+00) 1 JA $

Option O

35 Stone, STA. 0+00 to 3+00

35a Armor 3020 TN $ $

35b Underlayer 2231 TN $ $

Option P 36 Crushed Gravel

TN $ $

Option Q 37 Impervious Fill

CF $ $

Option R 38 High Slump Concrete Fill

1 JA $

Option S 39 Weep Holes

From STA 0+00 to 3+00

12 EA $ $

Option T 40 Topsoil, Seeding, and Scour Protection

Protection STA 0+00 to 3+00

Option U 41 Topsoil and Seeding

Total Estimated Amount Option Items Only (Items 31 ~ 41) $ Total Estimated Amount (Items 1 ~ 41) $

Note 1: Submit bids on all (“A”, “B”, and "C") bidding schedules. Bids must be complete as to all the items on the schedules. Failure to complete all items on all bid schedules will render the bid non‐ responsive.

Note 2: See section 01 35 13 SPECIAL PROJECT PROCEDURES for the differences in the bid schedules. General differences are listed below.

1. Schedule "A" has a longer performance period

2. Schedule "B" has a shorter performance period, see Section 01 35 13 in the Plans and Specifications, paragraph Performance Periods and Restrictions

3. Schedule "C" has the same performance period as Schedule “B” see Section 01 35 13 in the Plans and Specifications, paragraph Performance Periods and Restrictions.

Note 3: For bid evaluation purposes, the total bid will be based upon the base bid amount shown above and the Option items shown above. The Government reserves the right to award to the lowest Bidder based on needs of Government. Only one schedule of the three will be awarded per

Note 4: The Government may elect to exercise (1) none of the options, or (2) any combination of options. If any option items are exercised, the Government reserves the right to limit the quantity of up to the estimated quantity of each option item. If any options are exercised, they will be exercised within 180 days of notice to proceed date.

Note 5: The quantity of base bid items and options items are not the same for all bid schedules.

SECTION 00 10 00

BIDDING SCHEDULE

The work pursuant to terms and conditions of this contract consists of all work as shown on the contract drawings and the New York State Department of Transportation drawings, and in accordance with the specifications.

SCHEDULE "B"

Price

Estimated

Mobilization and Demobilization

3 Site Access Ramp 1 JA $

4 H-Piles 366 LF $ $

5 Geotextile 5500 SF $ $ STA 3+00 to 13+00

6 Trench for Toe Stone 1035 LF $ $ STA 3+00 to 13+00

7 Removals To Be Taken Off-Site 1280 TN $ $

Material (STA 3+00 to 13+00) 1 JA $

(Continuous Splash Wall and

Impervious Fill

High Slump Concrete Fill

CF

14 Shotcrete (Seawall Crack Fill) 1 JA $

15 Weep Holes From STA 3+00 to 13+00

50 EA $ $

16 Project Fence (Chain Link 6') 2450 LF $ $ With Gates

Temporary Construction Facilities and 1 JA $ Controls (Section 01 50 00)

Seawall Patchs 4 EA $ $

Topsoil, Seeding, and Scour Protection Protection (STA 3+00 to 13+00)

1660 SF $ $

Topsoil and Seeding 2205 SF $ $

Geotextile STA 0+00 to 3+00 3100 SF $ $ Under and Behind Armor Stone

Trench for Toe Stone 251 LF $ $

Removals To Be Taken Off-Site 320 TN $ $

Materal (STA 0+00 to 3+00) 1 JA $

Stone, STA. 0+00 to 3+00

25a Armor 3020 TN $ $

25b Underlayer 2231 TN $ $

High Slump Concrete Fill 1 JA $

27 Weep Holes 12 EA $ $

Total Estimated Amount (Items 1 ~ 27)

28 Additional Concrete for Inserting 7 CY $ $

29 NYSDOT Ornamental Fence 180 LF $ $

30 ADA Ramp and Swing Gate

31 Toe Bars

32 Architectural Treatment

33 Staining of Concrete Surfaces

34 Bronze Plaques 5 EA $ $

Option H 35 Engraving and Sealing 5 EA $ $

36 Anti-graffiti Protective Coating 1 JA $

37 NYDOT Drainage 1 JA $

Total Estimated Amount Option Items Only (Items 28 ~ 37) $ ‐

38 Geotextile STA 0+00 to 3+00

Above the Wall

39 Crushed Gravel

40 Impervious Fill 2350 CF $ $ STA 0+00 to 3+00

Topsoil, Seeding, and Scour Protection

42 Topsoil and Seeding

Total Estimated Amount Option Items Only (Items 38 ~ 42) $ Total Estimated Amount (Items 1 ~ 42) $

Note 1: Submit bids on all (“A”, “B”, and "C") bidding schedules. Bids must be complete as to all

1. Schedule "A" has a longer performance period

2. Schedule "B" has a shorter performance period, see Section 01 35 13 in the Plans and Specifications, paragraph Performance Periods and Restrictions

3. Schedule "C" has the same performance period as Schedule “B” see Section 01 35

13 in the Plans and Specifications, paragraph Performance Periods and lowest Bidder based on needs of Government. Only one schedule of the three will be awarded per this solicitation, Schedules are as follows "A", "B", "C" options. If any option items are exercised, the Government reserves the right to limit the quantity of up to the estimated quantity of each option item. If any options are exercised, they will be exercised

Note 5: The quantity of base bid items and options items are not the same for all bid schedules.

SECTION 00 10 00

BIDDING SCHEDULE

The work pursuant to terms and conditions of this contract consists of all work as shown on the contract drawings and the New York State Department of Transportation drawings, and in accordance with the specifications.

SCHEDULE "C"

Price

Estimated

1 Mobilization and Demobilization 1 JA

3 Site Access Ramp 1 JA $

4 H-Piles 366 LF $ $

5 Geotextile 5500 SF $ $ STA 3+00 to 13+00

6 Trench for Toe Stone 1035 LF $ $ STA 3+00 to 13+00

7 Removals To Be Taken Off-Site 1280 TN $ $

Material (STA 3+00 to 13+00) 1 JA $

(Continuous Splash Wall and

12 Impervious Fill 2650 CF $ $

13 High Slump Concrete Fill 1 JA $ STA 3+00 to 13+00

14 Shotcrete (Seawall Crack Fill) 1 JA $

15 Weep Holes From STA 3+00 to 13+00

50 EA $ $

16 Project Fence (Chain Link 6') 2450 LF $ $ With Gates

17 Temporary Construction Facilities and 1 JA $ Controls (Section 01 50 00)

18 Seawall Patchs 4 EA $ $

19 Topsoil, Seeding, and Scour Protection Protection (STA 3+00 to 13+00)

1660 SF $ $

20 Topsoil and Seeding 2205 SF $ $

Total Estimated Amount (Items 1 ~ 20)

21 Additional Concrete for Inserting

7 CY $ $

22 NYSDOT Ornamental Fence 180 LF $ $

23 ADA Ramp and Swing Gate

24 Toe Bars

25 Architectural Treatment

26 Staining of Concrete Surfaces

27 Bronze Plaques 5 EA $ $

Option H 28 Engraving and Sealing 5 EA $ $

29 Anti-graffiti Protective Coating 1 JA $

30 NYDOT Drainage 1 JA $

Total Estimated Amount Option Items Only (Items 21 ~ 30) $ ‐

31 Geotextile

32 Trench for Toe Stone

LF $ $

Removals To Be Taken Off-Site

320 TN $ $

Material (STA 0+00 to 3+00) 1 JA $

35 Stone, STA. 0+00 to 3+00

35a Armor 3020 TN $ $

35b Underlayer 2231 TN $ $

Option P 36 Crushed Gravel

Option Q 37 Impervious Fill

CF $ $

Option R 38 High Slump Concrete Fill

1 JA $

Option S 39 Weep Holes

12 EA $ $

Option T 40 Topsoil, Seeding, and Scour Protection

Option U 41 Topsoil and Seeding

Total Estimated Amount Option Items Only (Items 31 ~ 41) $ Total Estimated Amount (Items 1 ~ 41) $

Note 1: Submit bids on all (“A”, “B”, and "C") bidding schedules. Bids must be complete as to all

1. Schedule "A" has a longer performance period

2. Schedule "B" has a shorter performance period, see Section 01 35 13 in the Plans and Specifications, paragraph Performance Periods and Restrictions

3. Schedule "C" has the same performance period as Schedule “B” see Section 01 35

13 in the Plans and Specifications, paragraph Performance Periods and lowest Bidder based on needs of Government. Only one schedule of the three will be awarded.

options. If any option items are exercised, the Government reserves the right to limit the quantity of up to the estimated quantity of each option item. If any options are exercised, they will be exercised

Note 5: The quantity of base bid items and options items are not the same for all bid schedules.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. 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.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision.

Additional copies will be issued for a fee.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

2014)

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

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

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

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

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Questions concerning this solicitation shall be submitted via electronic mail (e-mail) no later then 12 June 2019, 3:00 P.M. EST to Walter.Kamad@USACE.Army.mil

NOTE In reference to Box 11 page 1 of Solicitation, which states "The Contractor shall begin performance within 10 calendar days and complete it within 623 calendar days", note the performance period is UP TO 623 Calendar days, depending on which schedule is awarded.

All bids shall be submitted via sealed envelope by hand or mail. Bids shall not be submitted via electronic mail or FAX. Sealed bids shall be delivered to USACE Buffalo District, Attn:Walter Kamad, 1776 Niagara Street, Buffalo, New York 14207-3199.

Bids will be opened publically at 1776 Niagara Street, Buffalo, NY 14207, Conference Room C at the date and time specified in the solicitation.

All times specified are Eastern Standard Time.

2 July 2019 3:00 P.M. EST to Walter.Kamad@USACE.Army.mil

A Pre-Bid meeting is scheduled for 10 JUN 2019 in Conference Room F of the Buffalo District.

USACE Buffalo 1776 Niagara Street Buffalo, New York 14207

Call in information is

Please use the following information for the telecom:

https://usace.webex.com/meet/kelly.m.polashenski

Call in information:

Dial in: 877-873-8017 Access Code: 8561618 Security Code: 1234

A completed bid includes:

- Fully executed Form 1442-with amendments acknowledged

- Bid Bond

- Fully completed Bid Schedule

- Completed Reps and Certs from @SAM.GOV

-Subcontracting Plan is required for Large Businesses

For bid evlauation purposes, the total bid will be based upon the lowest price total of the base bid items and the option items listed on Bid Schedule.

This will be an unrestricted full and open competition subject to Price Evaluation Preference for HUBZone Small Business Concerns in accordance with FAR 19.1307.

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

7.7% 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 Athol Springs Shoreline Protection, Hamburg, NY

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be at least 20% of bid price or at least $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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 Walter Kamad, U.S. Army Corps of Engineers, 1776 Niagara Street, NY 14207.

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

52.252-1 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 22 13 - Supplementary Instructions to Bidders

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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

Section 00 45 00 - Representations and Certifications

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

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;

(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.

(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.

(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:

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2019)

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

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 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.

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

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

(viii) 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 Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision 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/DFARS 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 located in the SAM database.

Section 00 70 00 - Conditions of the Contract

252.219-7003 (DEVIATION)

SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEVIATION 2018‐O0007) (DEC 2017) This clause supplements the Federal Acquisition Regulation 52.219‐9, Small Business Subcontracting Plan, clause of this contract.

(a) Definitions. “Summary Subcontract Report (SSR) Coordinator,” as used in this clause, means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense (9700) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the Department of Defense.

(b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502‐8504), may be counted toward the Contractor’s small business subcontracting goal.

(c) A mentor firm, under the Pilot Mentor‐Protege Program established under section 831 of Public Law 101‐510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—

(1) Protege firms which are qualified organizations employing the severely disabled; and

(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101‐510.

(d) The master plan is approved by the Contractor's cognizant contract administration activity.

(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor‐specified formats shall be acceptable.

(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:

(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.

(ii) Submit the consolidated SSR for an individual subcontracting plan by selecting “Department of Defense (DoD) (9700)” from the top of the second dropdown menu Attachment 1 Class Deviation 2018‐O0007 Small Business Subcontract Reporting in the Government agency in Block 7 (“Agency to which the report is being submitted”).

The contractor shall not select anything lower.

(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.

(ii) The authority to acknowledge receipt of or reject SSRs resides with the SSR Coordinator.

(End of clause)

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.211-13 Time Extensions SEP 2000 52.211-18 Variation in Estimated Quantity APR 1984 52.214-26 Audit and Records--Sealed Bidding OCT 2010 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications -…