W912P519T0051_Solicitation.pdf

PROJECT TITLE: Laurel River Lake Pow er Plant Asphalt Seal Coat

PROJECT: Firm Fixed-Price Construction Contract

DISCLOSURE OF THE MAGNITUDE OF THE PROPOSED CONSTRUCTION PROJECT:Betw een $25,000 and $100,000.

NAICS: 237310 Highw ay, Street, and Bridge Construction

SBA SIZE STANDARD: $36.5 Million

TYPE OF SET-ASIDE: This is a Total Small Business Set-Aside.

Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov . Of ferors must comply w ith the requirements of FAR 52.204-7; 52.204-8; 52.232-33; and any other CCR/ORCA requirements in this solicitation through SAM.

FANNIE M ROBERTSON

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

14-Aug-2019

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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 ________60 calendar days after receiving aw ard, notice to proceed. This performance period is 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Aug 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X 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, RM A405

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: 615-736-7917 TEL: FAX:

W912P519T0051 34

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

W912P519T0051

Section 00 10 00 - Solicitation

QUOTE INSTRUCTIONS

QUOTE INSTRUCTIONS

1.1 Intent: The intent of this solicitation is to award one construction contract for the labor, transportation, materials, tools, and equipment necessary to apply an asphalt seal coat (fog seal) and pavement striping at Laurel River Lake in London, KY.

1.2 Disclosure of Magnitude of Construction Project: The estimated magnitude of this requirement is between $25,000 and $100,000.

1.3 Basis for Selection of Award: Award shall be made to the lowest priced offeror who is found to be responsible.

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

1.5 Who May Submit: This procurement is a Total Small Business Set-aside.

1.6 North American Industry Classification System (NAICS) Code and Small Business Size Standard: The NAICS code for this project is 237310 Highway, Street, and Bridge Construction, with a size standard of $36.5M.

1.7 Scope of Work: The scope of work will be provided as a separate file and is available on www.fbo.gov.

1.8 POC for Communication/Questions: Any communications regarding this procurement must be made in writing to the Nashville Contracting Branch, Attn: Fannie Robertson at email Fannie.m.Robertson@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 Fannie Robertson at email Fannie.m.Robertson@usace.army.mil no later than 9:00 AM Central Time on 13 August 2019.

1.9 Amendments Prior to Date Set for Closing of the Request for Quote (RFQ). 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 quote. Such revisions and amendments, if any will be announced by an amendment or amendments to this RFQ. 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 quotes may be postponed by such number of days as in the opinion of the issuing officer will enable quoter to revise their quote. In such cases, the amendment will include an announcement of the new date for receipt of quote.

1.10 NOTICE TO OFFEROR: Use of Class I Ozone-Depleting Substances

a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements.

c. If the offeror possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the offeror should provide any information as soon as possible after release of this RFQ and prior to the submission of quotes to the extent practicable. It should be understood that there is no obligation on the quoter to comply with the request and that no compensation can be provided for doing so.

2.0 WHAT, HOW, AND WHERE TO SUBMIT QUOTE

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

(1) SF 1442, Solicitation, Offer and Award

a. Should include:

i. Unique Entity Identifier (previously known as DUNS number)

ii. CAGE number

iii. Tax Payer ID number

(2) Solicitation amendments acknowledged, if applicable

(3) Cost Schedule

(4) Representations and Certifications, unless you are currently registered in the System for Award

Management (SAM).

NOTE: To establish its responsibility the offeror 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, 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, and email address.

2.2 The offeror shall submit quotes to the USACE address listed below. The Government will accept quotes prior to the due date. The Government will accept hand delivered quotes until the time of solicitation closing but the preferred method is via email. The Government must be in receipt of your quote by the solicitation closing time set forth in Block 13 of the SF1442.

If being hand delivered:

Arrive at address shown below and call Jessica Baker at 615-736-5640 or Melissa Scogin at 615-736-7917 to gain access to 6th floor from the elevator lobby.

U.S. Army Corps of Engineers Nashville District Contracting Branch, CELRN-CT Attn: Fannie Robertson Solicitation Number W912P519T0051

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-CT Attn: Fannie Robertson

Solicitation Number W912P519T0051

110 9th Avenue South, Room A405 (Mailroom) Nashville, TN 37203

Faxed quotes will be accepted at (615) 736-7124, or emailed to Fannie.m.Robertson@usace.army.mil .

3.0 INSURANCE:

3.1 INSURANCE. Contractor shall carry Liability and Insurance. See FAR 52.228-5, Insurance – Work on a

Government Installation.

3.2 The quoter’s whose quote is accepted will be required to comply with the following within the time established in the request for quote:

a. PERFORMANCE BONDS (SF 25-A). Pursuant to FAR 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) calendar days after receipt of contract award.

b. PAYMENT BONDS (SF 25). Pursuant to FAR 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) calendar days after receipt of award.

4.0 SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND

CERTIFICATIONS

4.1 IMPORTANT NOTICE: Effective June 29, 2018 vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation or the vendor risks no longer being active in SAM. Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (known as DUNS). The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM. To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

4.2 To be considered for award all contractors must be successfully registered in the SAM database

(www.sam.gov). See FAR 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) U.S. Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective March 22, 2018, new entities that are registering in SAM must submit an original, signed notarized letter identifying the authorized entity’s Administrator that is authorized to register the entity in the SAM database, or to make changes to its registration.

Effective April 27, 2018, entities that are updating or renewing their existing SAM registrations must submit an original, signed notarized letter identifying the authorized entity’s Administrator that is authorized to register the entity in the SAM database, or to make changes to its registration, before the registration is activated.

The new registration may now take several days to become active depending on (1) the inmation provided passing existing validations and (2) the entity’s successful delivery of the required notarized letter.

Contractors who are new to the SAM registration process are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

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

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

SCOPE OF WORK

SCOPE OF WORK

LAUREL RIVER LAKE

POWER PLANT ACCESS ROAD and PARKING AREAS ASPHALT SEAL COAT and PAVEMENT STRIPING

LAUREL COUNTY, KENTUCKY

DESCRIPTION

The Contractor shall provide all labor, transportation, materials, tools, and equipment necessary to apply an asphalt seal coat (fog seal) and pavement striping at Laurel River Lake. Laurel River Lake is located approximately 17 miles west of Corbin, Kentucky.

The Work shall include all necessary work to perform an asphalt pavement fog seal, roadway centerline, striping of parking spaces, a handicap parking symbol and access aisle in the parking area. The new parking area pavement striping layout shall approximate the existing pavement striping layout.

All work shall be completed within 60 calendar days from Notice of Award.

GENERAL

1. The existing access road and parking area is asphalt.

2. The work included in this project consists the following:

a. Cleaning, preparing and sealing the following area:

i. Access Road – approximately 12,500 square yards.

ii. Parking Area - approximately 1,100 square yards.

iii. Power Plant entrance / parking area – approximately 600 square yards.

iv. Turnaround – approximately 900 square yards.

b. Pavement Striping

i. Nine (20 feet long by 9 feet wide) standard parking spaces.

ii. One (20 feet long by 10 feet wide) handicapped parking space with handicap symbol.

iii. One (34 feet long by 20 feet wide) access/no parking aisle.

iv. Double centerline stripes – approximately 5,530 in length (totaling 11,060 linear feet of centerline striping). The centerline shall consist of double yellow lines and shall begin at the junction of the KY 1193/Power Plant road and terminate at the beginning of tailrace day use parking area.

3. The new parking area pavement striping layout shall approximate the existing pavement striping layout.

4. The new centerline stripes shall centered within the roadway.

5. The Contractor shall minimize the time that the area is closed to traffic. Once work has begun, the

Contractor shall work consecutive days to complete the project.

6. The Contractor will be provided with a staging area adjacent to the project site.

7. The Contractor is responsible for securing all equipment, tools, materials and supplies.

8. The Contractor shall remove and dispose of all waste material not identified by the Government (Corps of

Engineers) to be saved and turned over to the Government.

9. Provide submittals for the proposed materials to the Government for approval prior to beginning work.

10. All work shall meet the requirements of the 2012 Edition of the Kentucky Transportation Cabinet (KTC)

“Standard Specifications for Road and Bridge Construction”.

MATERIAL

Seal Coat

1. Emulsified asphalt for seal coat shall be SS-1h in accordance with KTC Standard Specifications Section 806.

2. Conforms to ASTM D977.

Paint

1. White and yellow paint in accordance with KTC Standard Specifications Section 842.

2. Blue paint in accordance with industry standard “Handicap Blue” color.

3. Paint shall be manufactured and formulated for us as traffic paint.

Water

1. Water shall be reasonably clean and free from oil, salt, acid, alkali, sugar, vegetable, or other substances detrimental to the finished product in accordance with KTC Standard Specifications Section 803.

EQUIPMENT

1. The asphalt emulsion may be applied with a standard bituminous distributor.

2. Spreader bar shall be clean, free of burrs and of a consistent size to maintain an even distribution of fog seal material.

3. The equipment shall be capable of the application rate specified in this document.

4. Heating and mixing of the asphalt emulsion shall be in accordance with manufacturer’s recommendations.

5. Equipment used for the application of traffic paint shall be capable of providing a uniform line width and coating thickness.

WORK EXECUTION

All work shall be applicable requirements of standard specifications of the2012 Edition of the Kentucky Transportation Cabinet (KTC) “Standard Specifications for Road and Bridge Construction”. The Contractor shall schedule work to minimize the time that the parking area is closed to traffic. The following information is generalized summary of work and may not cover all work necessary to provide a complete and final product.

Crack Repair

1. Cracks larger than 0.25 inches shall be cleaned and sealed.

2. Cracks shall be cleaned of all loose material or other deleterious substances (including loose sealant from previous repairs).

3. Cracks shall be dry before sealant is applied.

4. Fill the crack from the bottom up and to the proper level.

5. The level of crack sealant material shall be slightly lower than the surrounding pavement surface and should not spill over the top of the crack, where it could create a bump in the new seal coat.

6. The material shall be applied in a continuous motion along the length of the crack.

7. Re-apply material to area where settlement has occurred or where initial application was insufficient.

8. Allow material to cure before proceeding with sealcoat or overlay.

Surface Preparation

1. Immediately before placing seal coat material, remove all loose and deleterious material from pavement surface.

2. Use mechanical sweeper to clean the application surface.

3. Extend cleaning beyond the edge of the surface to be sealed.

Seal Coat

1. Dilute emulsified asphalt (SS-1h) with an equal amount (50/50) of clean water or as recommended by manufacturer. Do not add the emulsion to the water; always add the water to the emulsion.

2. The seal coat material shall be a fluid, homogenous mixture.

3. Apply the seal coat at a rate of 0.11 - 0.12 gallons per square yard.

4. Spray nozzles shall be adjusted to manufacture’s recommendations.

5. Maintain the asphalt emulsion temperature recommended by the manufacturer.

6. Protect from freezing or overheat asphalt emulsion.

7. Use sand to remove any excess buildup or pooling of seal coat.

8. Seal coat shall be applied in manner to ensure uniform covers with splattering, no tracks, bleeding, flushing, or surface patterns. If variations in coverage are observed, the work shall be stopped and adjustment made to the equipment.

9. Protect adjacent areas from overspray.

10. Allow seal coat to completely cure before applying pavement paint and opening area to traffic.

Pavement Painting

1. Prior to application of paint, the pavement shall be cleared of rocks, stick, leaves, oil, grease, dust, dirt or other debris that would prevent proper adhesion of the paint.

2. Lines shall be four inches wide and shall be straight and uniform in color and width for their entire length.

3. The centerline shall be a continuous non-broken line (no passing).

4. Color:

a. White for parking spaces, pedestrian walkways and directional arrows

b. Blue & white for handicap symbol

c. Yellow for centerline

5. Equipment used for the application of traffic paint shall be capable of providing a uniform line width and coating thickness.

6. Paint shall be applied as specified in KTC Standard Specifications Section 713.

Weather Weather condition restrictions for the application of seal coat and/or paint are as follow:

1. Do not apply (paint) to wet or damp surfaces.

2. Do not apply during rain or when rain is expected within eight hours of application.

3. Surface temperatures shall be greater than 50 degrees Fahrenheit.

4. Air temperature shall be at least 50 degrees Fahrenheit and rising.

5. Wind speed shall be below 10 miles per hour.

Water Pollution Control

1. Water pollution control shall be accordance to KTC Standard Specifications Section 213.

Clean Up and Disposal

1. Remove all trash and debris at end of each work day to disposal trailer or other agreed upon location. Do not allow trash and debris to accumulate on-site.

2. Properly and legally dispose of all trash and debris.

Warranty

1. Work shall be covered by the standard commercial warranty or warranties offered to the general public in customary commercial practice.

2. The minimum warranty for the complete system shall be for a period of one year from the date of delivery/acceptance.

Health and Safety

1. The Contractor is fully responsible for the protection of their employees and any sub-contractors’ personnel.

2. Employees shall be provided with clean, dry protective clothing and equipment, and with appropriate changing facilities. Appropriate protective clothing may include coveralls or similar full body clothing, gloves, hats, footwear face shields, vented goggles and if applicable, dust respirators or blasting helmets/hoods.

3. The Contractor shall, through the use of barriers, construction fencing, signage or warning tape, deny the access to the work area by the visiting public.

4. All work shall be performed in accordance with the most recent version of the US Army Corps of Engineers “SAFETY AND HEALTH REQUIREMENTS MANUAL” (EM 385-1-1). The Contractor shall prepare and submit an Activity Hazard Analysis (AHA) to include all work features. The Contractor shall not begin work until the AHA has been reviewed and approved by the Government. For each review, the Contractor shall factor 5 business days into their schedule and understand that multiple iterations of reviews may be necessary by the Government prior to resulting in an approved version.

Sustainability The contractor shall meet the following requirements:

1. The contractor shall meet the BioPreferred Program requirements set forth by USDA. Products that the contractor will ensure contain biobased content are engine oils, fuel additives, lubricants and asphalt release agents. The link to the list of USDA-designated product categories is below. FAR Provision 52.223-1 – Biobased Product.

https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#

Delivery & Invoice Address: Laurel River Lake Power Plant 2060 Power Plant Road

London, KY 40744

Period of Performance shall be 60 days after Notice of Award. The contractor will be responsible for all labor, materials, expenses required to deliver and install the items as described above designated location.

Delivery will be from 0800 – 1630 hours Monday through Friday unless prior approval has been received from the Resource Managers Office.

Invoice for completed work will be electronically mailed to Charity Massengale, Program Analyst at the following email address: charity.b.massengale@usace.army.mil

Security

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

Background Investigations: The work is expected to last less than six months. If the work is being done at a Corps facility within a controlled area, the investigation requirements fall under Category B1 for US Citizens and Category C for Foreign Nationals. Contract employees will need to be supervised/ escorted by a Corps employee while within the restricted area. In the event it is determined the contract will extend beyond six months, the contractor will need to comply with the requirements in Category B2 for US Citizens. Guidance and forms for the requirements are available on the Nashville District Public Website:

http://www.lrn.usace.army.mil/BusinessWithUs/ContractSecurityRequirements.aspx.

For contract employees who only arrive on-site to pick up or drop off (i.e. truck drivers) equipment and are there specifically to provide a delivery and/or supply service, there are no investigation requirements.

Contractor(s) will be escorted at all times in the restricted area.

Convict Labor: Because the work is being performed in a restricted area, there are restrictions on use of persons either imprisoned or previously convicted of a felony. The Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, or the US Federal Government. The Contractor shall not employ in the performance of this contract any person who has been convicted of a felony imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or the US Federal Government.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

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

CONDUCT OF CONTRACT EMPLOYEES: All contract employees and subcontractors shall conduct themselves in a proper manner at all times. No alcoholic or intoxicating beverages or substances or illegal drugs or controlled substances not prescribed by a physician shall be possessed, consumed, or be under the influence of any such substance while on Government property.

The Contractor shall remove from the site any individual whose continued employment is deemed by the appointed receiving agent to be contrary to the public interest or inconsistent with the best interests of the U.S. Army Corps of Engineers.

The Contracting Officer or the appointed receiving agent will require the Contractor to immediately remove from the work site anyone who is incompetent or who endangers persons or property or whose physical or mental condition is such that it would impair the employee’s ability to satisfactorily perform the work. Notification to the Contractor will be made in writing if time and circumstances permit. Otherwise, notification will be verbal and will be confirmed in writing as soon as possible. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract and immediate replacement shall be made as required.

Damage or Loss of Contractor’s Supplies and Property: The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above. All incidents of theft (or suspected theft) of contractor materials, supplies, or equipment from project lands shall be reported to the Project Representative.

Reports of Crime: Please ensure ALL reports of theft, suspected theft, vandalism, or ANY crime of Government OR Contractor property, OR crime against/by Contractor personnel is forwarded to the District Security Office. This information is critical for threat and risk assessments and may assist in obtaining funds for additional security measures.

Release of Information: The contractor shall not make available to the news media or publicly disclose any data generated or reviewed under this contract. Any inquiry received by the contractor for information concerning work performed under this contract shall be referred to the Government for evaluation under the Freedom of Information Act of 1975, Public Law 93-502, 5 U.S.C., Section 552. The determination of whether records will be released will remain with the Government. The contractor shall assist the Project Representative in compiling information or records for submission upon request by the government.

Reports and data generated under this contract shall become the property of the Government and distribution to any other source by the contractor, unless authorized is prohibited.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Laurel River Lake Asphalt Seal Coat

FFP

Inaccordance with the attached scope of work FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC 1 EAST KY AREA OFC, LAUREL RV LK

LAUREL RIVER LAKE

U S ARMY CORPS OF ENGRS RES MGR,

1433 LAUREL

LONDON KY 40744-9739

606-864-6412 FOB: Destination

W912P5

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

15.8% 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 London, Kentucky, Laurel County.

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.

52.252-1 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/ http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmdfara.htm

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Noone

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

None at this time

(End of clause)

Section 00 45 00 - Representations and Certifications

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

Officials

NOV 2011

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its…