W912P517B0004_final.pdf

W38XDD52969295

PROJECT TITLE: Medium voltage cable removal and replacement at Barkley Pow er Plant, Kuttaw a, KY

TYPE OF CONTRACT: Firm Fixed Price Construction

DISCLOSURE OF MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT: Betw een $1,000,000 and $5,000,000

This solicitation contains Definitive Responsibility Criteria, see Section 00100, paragraph 1.11.

NAICS: 237130 - Pow er and Communication Line and Related Structure Construction

SIZE STANDARD: $36.5 million

TYPE OF SET ASIDE: Total Small Business

X

KRISTAL R JONES 615-736-7916

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

09-Nov-2017

(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 ________445 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 ______________21 Dec 2017 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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 37203

W912P5

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (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:

W912P5-17-B-0004 51

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Medium Voltage Cable Removal and

FFP

Replacement at Barkley Power Plant, Kuttawa, Lyon County, KY, in accordance with the technical specifications and drawings which includes the complete bid schedule (base and all options).

FOB: Destination

MILSTRIP: W38XDD52969295

PURCHASE REQUEST NUMBER: W38XDD52969295

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 Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 445 dys. ANP 1 WEST KY AREA OFC, BARKLEY P/P

JAMIE HOLT

U S ARMY CORPS OF ENGRS RES MGR,

LAKE BARKLEY

WY 62

GRAND RIVERS KY 42045-0218

270-362-8159 FOB: Destination

W912P5

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 removal and replacement of medium voltage cables at Barkley Power Plant, Kuttawa, 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 for 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, Evaluation of Options, the Government intends to evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Note: If exercised, the three (3) options will be exercised in the order in which they are listed on the bid schedule.

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

1.5 Who May Submit: The procurement is a Total Small Business set-aside. Bids from large businesses shall not be accepted.

1.6 North American Industry Classification System (NAICS) Code and Small Business Size Standard: The NAICS code for this project is 237130, Power and Communication Line and Related Structure Construction, with 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-Bid Site Visit: An organized site visit has been scheduled to occur during the solicitation period. Bidders should inspect the job site prior to submitting a proposal. Bidders 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 bidders 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 FAR clause 52.236-27 Alt I, incorporated by full text in this solicitation, for information pertaining to the scheduled site visit.

REGISTRATION: Only registered persons will be permitted to attend the site visit. In addition to the information below, please also provide your firm’s name, firm’s CAGE and/or Unique Entity Identifier Number (previously DUNS), and name and position title of primary point-of-contact and their telephone number and email address. Please provide this information via email to Kristal.R.Jones@usace.army.mil.

Contractors and/or potential contractors wishing to attend a pre-bid meeting held at or in LRN restricted/controlled areas (such as a Power Plant or Navigation Lock) shall submit a Nashville District (LRN) Security Access Form to the Contract Specialist five (5) days prior to the site visit or meeting. If submitting the document in less than five days, the Bidder may not receive approval for participation. The Contract Specialist will notify the Contractor if the request is approved or denied. Any pre-bid meeting which will cover anything other than public domain information shall be limited to U.S. Citizens, except under unique circumstances. The Security Access Form and guidance is available at http://www.lrn.usace.army.mil/BusinessWithUs/Contracting/Contract Security Requirements.

U.S. CITIZENS: The Bidder shall submit a Nashville District Corps of Engineers U.S.

Citizen Pre-Bid and/or Site Visit Request Form to the LRN Point of Contact, Contract Specialist Kristal Jones, no later than five (5) days prior to the site visit. If submitting the document in less than five days, the Bidder may not receive approval for participation. The LRN POC will notify the individual(s) if the request is approved or denied. The Security Access Form and guidance is available as a pdf attachment on www.fbo.gov with this solicitation and is titled Pre-Bid Meeting and/or Site Visit Request Form.

FOREIGN NATIONALS (FNs): All non-U.S. Citizens, including permanent residents wishing to attend the site visit must be approved in advance. FNs wishing to attend a site visit shall submit a completed Nashville District Corps of Engineers Foreign National Pre-Bid Meeting Request Form and legible color copies of two of the following documents: Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I- 551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I- 688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS Form I-571), or unexpired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN Point of Contact, Contract Specialist Kristal Jones, who will forward the documents to the LRN-SM mailbox (dll-celrn-sm@usace.army.mil) for approval. These documents must be submitted two (2) weeks prior to the site visit. FN requests require approval at the Headquarters U.S. Army Corps of Engineers (HQUSACE) level. Exceptions will be considered on a case by case basis but will be limited. The form is available as a pdf attachment on www.fbo.gov with this solicitation and is titled Foreign National Pre-Bid Meeting Request Form.

POINT-OF-CONTACT: For questions and /or concerns regarding the site visit, please contact Contract Specialist Kristal Jones 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 restrictions.

1.9 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Kristal Jones at email Kristal.R.Jones@usace.army.mil. Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone 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 Kristal Jones via email at Kristal.R.Jones@usace.army.mil no later than 11:00 AM, Central Standard Time on Thursday, November 30, 2017.

1.10 Amendments Prior to Date Set for Closing of Invitation For Bid (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.

1.11 DEFINITIVE RESPONSIBILITY CRITERIA.

a. To ensure award is made to a responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

(1) Have adequate financial resources to perform the contract, or the ability to obtain them;

(2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirement;

(4) Have a satisfactory record of integrity and business ethics;

(5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

(6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

b. Definitive Responsibility Criteria: In addition to examining the criteria in FAR 9.104-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of the four (4) definitive responsibility criteria. The apparent low bidder will be required to meet the following experience requirements:

(1) At least one (1) project completed within the last six (6) years that demonstrates the contractor’s experience, as a prime contractor or subcontractor, procuring and installing medium-voltage (5kV-35kv, shielded) cables and associated Class 1A terminations; and

(2) At least one (1) project completed within the last six (6) years that demonstrates the contractor’s experience, as a prime contractor or a subcontractor, performing at least two (2) of the following tasks:

a. Disassembling and removing medium voltage cables and associated Class 1C terminations;

b. Procuring and installing temporary 15kV shielded Feeders complete with cable tray and supporting systems;

c. Procuring and/or fabricating and installing linear heat detection cables and alarm/annunciation;

d. Procuring and/or fabricating and installing of exhaust fan, fan cover, and accessories; and

e. Modifying, installing, terminating, and testing of medium-voltage (5kV - 35kV) power house bus work.

(3) A current Certification from the National Cable Splicing Certification Board (NCSCB), in the field of terminating shielded medium-voltage (5kV to 35kV) power cable using pre-manufactured kits (pre-molded, heat-shrink, cold shrink) and a list of three (3) of projects completed while certified.

(4) A Total Incidence Rate (TIR) for the calendar year 2016 that is </= 3.0 or an Experience Modification Rate for the calendar year 2016 that is </= 1.0.

The Contracting Officer will verify the submitted projects meet the definitive responsibility criteria as part of the responsibility determination. Bidders are not required to submit additional documentation related to these criteria at the time of bid. Instead, within four (4) days after the date of bid opening, the Government will request supporting documentation from the apparent low bidder.

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. Unique Entity Identifier (previously DUNS)

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 System for Award Management (SAM).

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 Kristal Jones at 615-736-7916 to gain access to the 6th floor from the elevator lobby.

U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-RC-N Attn: Kristal Jones Solicitation Number W912P5-17-B-0004 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: Kristal Jones Solicitation Number W912P5-17-B-0004 110 9th Avenue South, Room A405 Nashville, TN 37203

Faxed or emailed proposals will not be accepted.

3.0 INSURANCE/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 INSURANCE. Contractor shall carry Liability and Insurance. See FAR clause 52.228-5, Insurance – Work on A Government Installation.

3.3 The bidder whose bid is accepted will be required to comply with the following within the time established in the bid:

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 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?

[ ] 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?

6.0 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

BID SCHEDULE

Barkley Medium-Voltage Cable Replacement

Item Description Unit Unit Quantity Price Amount

BASE ITEMS:

0001 Mobilization and 1 JOB $_____ $______ Demobilization

0002 Remove and Dispose of 1 JOB $_____ $______ Existing LPGF Cable Complete with Potheads

0003 Furnish and Install New shielded 1 JOB $_____ $______ 3/C 15kV 750kcmil MV-105 Cable, Complete with Class 1A Terminations, 15kV, and Field Acceptance Tests

0004 Furnish, Install and Remove 1 JOB $_____ $______ Temporary shielded15kV Feeder No. 2 Complete with Contractor- Designed Temporary Cable Trays and Supports, and Contractor- Designed Temporary Barrier in the Cable Tunnel

0005 Furnish and Install New Linear 1 JOB $____ $______ Heat Detector System in the Cable Tunnel, Complete with Control Panel Remote Mounted in the Control Room, and Operation & Maintenance Manual

0006 Air Supply, Distribution, 1 JOB $____ $______

Ventilation, and exhaust systems.

Install and test exhaust mechanical and electrical system. Administer a full operational test of fan, sensor, and controls

Total Base Item Price $________

Item Description Unit Unit Quantity Price Amount

OPTIONAL ITEMS:

Option 1:

0007 Furnish, Install and Remove 1 JOB $_____ $______ Temporary shielded 15kV Feeder No. 1 Complete with Contractor- Designed Temporary Cable Trays and Supports

Option 2:

0008 Furnish, Install and Remove 1 JOB $_____ $______ Temporary shielded 15kV Feeder No. 4 Complete with Contractor- Designed Temporary Cable Trays and Supports

Option 3:

0009 Furnish, Install and Remove 1 JOB $_____ $______ Temporary shielded 15kV Feeder No. 3 Complete with Contractor- Designed Temporary Cable Trays and Supports

Total Optional Item Price $________

TOTAL CONTRACT PRICE (Base plus all options) $_______

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 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 52.217-5 Evaluation Of Options JUL 1990 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price construction contract resulting from this solicitation.

(End of provision)

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

2014)

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

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

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

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

52.222-23 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

5.2% 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 Barkley Power Plant, Lyon County, Kuttawa, KY. .

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

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 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 20 percent of the bid price or $3,000,000.00, 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

U.S. Army Corps of Engineers Rivers Contracting Division Nashville Contracting Branch Office Stacy S. Wiggins, Contracting Officer 110 9th Avenue South, Room A405 Nashville, Tennessee 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.

52.236-27 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-- Tuesday, November 21, 2017 at 9:00 a.m. Central Standard Time (CST)

(c) Participants will meet at--

Barkley Power Plant, Highway 62, Kutawa, KY.

Special Instructions – All participants are required to have personal protective equipment, i.e. hard hat, safety glasses, reflective vests, and steel-toed shoes before entering the project site. Contractors who do not have these items present at the site visit may not be able to participate in the visit.

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

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None.

Section 00600 - Representations & Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237130.

(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) 52.203-18, 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 elinquent 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) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 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.

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

(xix) 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.)

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

(xxi) 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.

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

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

(xxiv) 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.

(xxv) 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:

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

X (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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

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

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

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

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

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

(1) Whether the offeror, and/or any of its principals, has or…