W912P5-16-B-0006.pdf

W38XDD60282242

Title and Location of the Project: Poor Fork Channel Modif ication, City of Cumberland, KY

Disclosure of Magnitude of Construction Project: Betw een $1,000,000 and $5,000,000

North American Industry Classif ication System (NAICS) code: 237990

Size Standard: $36.5 Million

Please note that business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM the business w ill be considered other than a small business

BID MODIFICATIONS RECEIVED BY FACSIMILE WILL NOT BE CONSIDERED.

This requirement is 100% set-aside for Small Business concerns.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov.

Offerors must comply w ith the requirements of 52.204-6, 52.204-7, 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM.

PLEASE NOTE: SAM is completely free of charge for both registrants and users.

X

ISAAC J TAYLOR 615-736-5679

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

21-Jul-2016

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________160 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________23 Aug 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS-CELRN-RC-N

DIRECTORATE OF CONTRACTING

110 9TH AVENUE SOUTH, ROOM A680

NASHVILLE TN 37202-1070

W912P5

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

615-736-7124FAX:TEL: 615-736-7932 TEL: FAX:

W912P5-16-B-0006 48

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

W912P5-16-B-0006

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Poor Fork Channel Widening Construction

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W38XDD60282242

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTIONS

SECTION 00100

INSTRUCTIONS, CONDITIONS & NOTICES TO BIDDERS

1.0 GENERAL REQUIREMENTS

1.1 Intent: The intent of this solicitation is to award one contract for the Poor Fork Channel Widening Modification Construction Project in the City of Cumberland, KY.

1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of this requirement is between $1,000,000 and $5,000,000.

1.3 Basis of Selection of Award: Award shall be made to the lowest priced bidder who is found to be responsive and responsible. See Federal Acquisition Regulation (FAR) clause 52.214-19, Contract Award—Sealed Bidding—Construction, for more information.

In accordance with FAR clause 52.217-5, the Government intends to evaluate offers for award purposes by adding the total price for all option Contract Line Item Numbers (CLINs) to the total price for the basic requirement.

1.4 Type of Contract: The Government intends to award one firm-fixed price contract.

1.5 Who May Submit: The procurement is 100% set-aside for small business concerns. Only bids from small business concerns will be considered for award.

1.6 North American Industry Classification System (NAICS) Code and Small Business Size Standard: The NAICS code for this project is 237990, Other Heavy and Civil Engineering Construction is applicable to this project. It has a size standard of $36.5M.

1.7 Specifications and Drawings: Specifications and Drawings will be provided as separate files and will be available on FBO. See the complete drawings and specification package located at www.fbo.gov.

The Specifications and Drawings are part of the solicitation/contract and shall be considered in that respect (see DFARS clause 252.236-7001, Contract Drawings and Specifications).

1.8 Pre-Proposal Site Visit: An organized site visit has been scheduled to occur during the solicitation period. Offerors should inspect the job site prior to submitting a proposal.

Offerors should take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offerors from the responsibility for properly estimating the difficulty or cost of successfully performing the work. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, agents or employees, unless included in the solicitation, the specifications or related documents. Please refer to the Federal Acquisition Regulations (FAR) clause 52.236-27 Alt I, incorporated by full text in this solicitation, for information pertaining to the scheduled site visit.

REGISTRATION: Site visit registration is optional. If you wish to register for the site visit, please provide your firm’s name, firm’s CAGE and/or DUNS number, and name and position title of primary point-of-contact and their telephone number and email address.

Please provide this information via email to Isaac.J.Taylor@usace.army.mil.

POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Isaac Taylor via email at the address referenced above.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time constraints.

1.9 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Isaac Taylor at email Isaac.J.Taylor@usace.army.mil or facsimile: (615) 736-7124. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code.

Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be scheduled.

QUESTIONS: Questions regarding the solicitation must be submitted to Isaac Taylor via email at Isaac.J.Taylor@usace.army.mil no later than 9:00 AM Central Time on Monday, August 8, 2016.

1.10 Amendments Prior to Date Set for Closing of IFB. The right is reserved as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for submission of bid. Such revisions and amendments, if any will be announced by an amendment or amendments to this IFB. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidder to revise their bid. In such cases, the amendment will include an announcement of the new date for receipt of bid.

2.0 WHAT, HOW, AND WHERE TO SUBMIT BID

2.1 The following documents must be submitted with your IFB in original and one (1) copy:

(1) SF 1442, Solicitation, Offer and Award

a. Should include:

i. DUNS number

ii. CAGE number

iii. Tax Payer ID number

(2) Solicitation amendments acknowledged, if applicable

(3) Bid Schedule

(4) Original Bid Bond with Power of Attorney

(5) Representations and Certifications, unless you are currently registered in SAM.

NOTE: To establish its responsibility the bidder may be requested by the Government to submit a statement regarding previous experience in performing comparable work, business and technical organization, financial resources, and plant available to be used in performing the work. The requested statement submitted will have the following: a minimum of one (1) up-to-date banking reference for their firm and a minimum of three

(3) past performance references for similar work.

a. The banking reference shall include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, fax number, and email address.

b. The past performance references shall include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, fax number, and email address.

2.2 PUBLIC OPENING OF BIDS: Bids will be publicly opened at the time set for opening in Block 13 of the SF1442 at the Estes Kefauver Federal Building, USACE Conference Room A681 110 9th Avenue South, Nashville, Tennessee, 37203. The content will be made public for the information of bidders and others interested, who may be present. Unbalanced bids may be rejected.

2.3 Bidders shall submit sealed IFB packages to the USACE address listed below. Receipt of delivery is highly recommended. The Government will accept sealed IFB packages prior to the due date. It is highly recommended that IFB packages be received at the address listed below at least one day prior to due date to avoid a possible late bid situation. The Government will accept hand delivered packages until the time of bid closing but will not accept bids submitted via email or fax. The Government must be in receipt of your IFB by the bid closing time set forth in Block 13 of the SF1442.

If being hand delivered:

Arrive at address shown below (USPS) and call Isaac Taylor at 615-736-5679 or Karen Benninghoven-Nell at 615-736-7917 to gain access to 6th floor from elevator lobby.

U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-RC-N Attn: Isaac J. Taylor Solicitation Number W912P5-16-B-0006 110 9th Avenue South, Room A680, Sixth Floor

Nashville, TN 37203

Physical Address for mail delivery (USPS or carrier)

U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-RC-N Attn: Isaac J. Taylor Solicitation Number W912P5-16-B-0006 110 9th Avenue South, Room A405 Nashville, TN 37203

Faxed or emailed proposals will not be accepted.

3.0 BONDS:

3.1 BID BONDS (SF 24). All bidders are required to submit bid bonds with their proposal. In accordance with FAR 52.228-1, Bid Guarantee, the bid guarantee amount shall be at least 20 percent of the bid price but shall not exceed $3,000,000.00.

3.2 The offeror whose bid is accepted will be required to comply with the following within the time established in the proposal:

a. PERFORMANCE BONDS (SF 25-A). Pursuant to FAR clause 52.228-15, Performance and Payment Bonds—Construction, the penal amount of the performance bond shall equal one hundred percent (100%) of the contract price.

Bonds shall be received within ten (10) days after receipt of contract award.

b. PAYMENT BONDS (SF 25). Pursuant to FAR clause 52.228-15, Performance and Payment Bonds—Construction, the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten

(10) days after receipt of award.

4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS

AND CERTIFICATIONS

4.1 To be considered for award all contractors must be successfully registered in the SAM database (www.sam.gov). See FAR Clause 52.204-7, System for Award Management, as applicable for requirement information.

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am - 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

4.2 Contractors shall have representations and certifications completed in www.sam.gov OR provide FAR clause 52.204-8, Annual Representations and Certifications, with paragraph (c) completed. If completing the aforementioned clause, provide with submitted bid.

5.0 Reserved.

6.0 BIDDERS CHECKLIST

All information required by the terms of the Solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to those listed below. This checklist is furnished only to assist you in submitting a proper bid. The Government shall not be responsible for items not described below. It is not required to be return with your bid.

[ ] Is your bid properly signed by an officer of your company?

[ ] If signing on behalf of your company, have you attached evidence of your authority to sign the bid?

[ ] Have you acknowledged all amendments? Have you submitted your bid on the latest amended bid schedule?

[ ] Is the name in which you submitted your bid the same as on the bid bond?

[ ] Have you entered a unit price for each bid item?

[ ] Have you checked your bid for possible errors? Arithmetically?

[ ] Are all erasures or corrections initialed by the person signing the bid?

[ ] Are the bid prices balanced? The Government may reject a bid as nonresponsive if it is materially and mathematically unbalanced as to price for any bid item or combination of items. A bid is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

[ ] Is the envelope containing your bid properly identified that it is a sealed bid and does it contain the correct solicitation number and bid opening time? See FAR Clause 52.214-5, Submission of Bids.

[ ] Will your bid arrive on time? See FAR Clause 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids.

[ ] Have you furnished all information required by the invitation for bids solicitation and/or the specifications?

7.0 CONTRACTOR FEEDBACK

Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) website at:

http://ice.disa.mil/index.cfm?fa=card&service_provider_id=110824&site_id=856&service_categ ory_id=14

BID SCHEDULE

Poor Fork Channel City of Cumberland (Harlan County), Kentucky

BID SCHEDULE

ITEM

NO.

DESCRIPTION SPECIFICATION

OR DRAWING

EST.

QTY.

UNIT UNIT

PRICE

ESTIMATED

AMOUNT

BASE CONTRACT

0001 Mobilization and Preparatory Work 01 22 00 1 JOB $ $

0002 Performance and Payment Bond 1 JOB $ $

0003 Geotextile Fabric 31 05 22 5,175 SY $ $

0004 Clearing and Grubbing 31 11 00 3 ACRE $ $

0005 Excavation 31 11 00 21,700 CY $ $

0006 Graded Crushed Aggregate Base 32 11 23 970 TON $ $

0007 Demolition and Removal 02 41 16 1 JOB $ $

0008 Permanent Turf Grass Seeding 32 92 19 100 MSF $ $

0009 Temporary Seeding 32 92 19 100 MSF $ $

0010 Trees and Shrubbery 32 93 43 1 JOB $ $

0011 Rip Rap Channel Lining 35 31 19 6,260 TON $ $

0012 Chain Link Fence (Remove and Relocate)

Q1P-64/109 1 JOB $ $

BASE ESTIMATED AMOUNT

OPTION 1: RIGHT DESCENDING BANK

0001 Geotextile Fabric 31 05 22 2,530 SY $ $

0002 Clearing and Grubbing 31 11 00 1 ACRE $ $

0003 Excavation 31 11 00 6,310 CY $ $

0004 Permanent Turf Grass Seeding 32 92 19 40 MSF $ $

0005 Temporary Seeding 32 92 19 40 MSF $ $

0006 Trees and Shrubbery 32 93 43 1 JOB $ $

0007 Rip Rap Channel Lining 35 31 19 2,920 TON $ $

0008 Stock Fence (Remove and Relocate)

Q1P-64/109 1 JOB $ $

0009 Dog Kennel (Remove and Relocate)

Q1P-64/109 1 JOB $ $

0010 Shed on Foundation (Remove and Relocate)

Q1P-64/109 1 JOB $ $

0011 Shed Without Foundation (Relocate)

Q1P-64/109 1 JOB $ $

0012 Carport Without Foundation (Relocate)

Q1P-64/109 1 JOB $ $

0013 Driveway Restoration Q1P-64/109 1 JOB $ $

OPTION ESTIMATED AMOUNT

TOTAL ESTIMATED AMOUNT

(BASE + OPTION) $

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.214-3 Amendments To Invitations For Bids DEC 1989 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids MAR 1997 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

DEC 2015

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

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-- 9:00 AM Eastern Time, Tuesday, August 2, 2016

(c) Participants will meet at-- Empty lot at

804 River Road.

Cumberland, KY 40823

(End of provision)

Section 00600 - Representations & Certifications

NAME AND ADDRESS OF OFFEROR

REPRESENTATIONS & CERTIFICATIONS

COMPANY NAME AND ADDRESS: _______________________________________

PHONE NUMBER ________________ FAX NUMBER ________________

EMAIL ADDRESS ______________________________________________________

BUSINESS SIZE (select one) Large Business _____ Small Business_____ HUBZone Business_____ 8A _____ Woman-Owned ____ Service-Disabled Veteran-Owned ____ Contractor is registered with SAM: _____ YES _____ NO (See FAR 52.204-7)

TAX ID # ______________________

INDICATE DUNS NUMBER ___________________ CAGE NO. _________

(Note: See FAR 52.204-6. The DUNS Number (FAR 52.204-7) is a 9 digit numeric code.)

52.204-7 System for Award Management JUL 2013 52.209-7 Information Regarding Responsibility Matters JUL 2013 252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

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

James E. Choate, Contracting Officer 110 9th Avenue South Suite A405 Nashville, TN 37203

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2016

APPROPRIATIONS (DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

Section 00700 - Contract Clauses

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

52.203-17 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

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

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-14 Service Contract Reporting Requirements JAN 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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 - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data-- Modifications--Sealed Bidding

OCT 2010

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-14 Limitations On Subcontracting 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 52.222-10 Compliance with Copeland Act Requirements FEB 1988

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 APR 2015 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 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

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

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

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

MAY 2014

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 52.228-11 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 MAY 2014 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 52.236-5 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 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Alt I Quantity Surveys (Apr 1984) - Alternate I APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 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 FEB 2016 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 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

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 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 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7033 Rights in Shop Drawings APR 1966 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 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 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(vii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(viii) 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.

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

(x) 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.

(xi) 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.

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

(xiii) 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.

(xiv) 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.

(xv) 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.

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

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

(xviii) 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 $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxi) 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.

(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

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

The Contractor shall be required to (a) commence work under this contract within 10 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 160 calendar days after the date the contractor received the notice to proceed. The time stated for completion shall include final cleanup of the premises. No additional time will be added to this duration if the option CLINs are exercised.

(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 $1,073 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.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 237990- assigned to contract number .

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

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

4.5% 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…