W912PM-15-R-0017.pdf

W912PM-15-R-0017 RESTORE/REPAIR EXISTING RIPRAP AREAS AT FALLS LAKE, WAKE FOREST, NC

------THIS IS A 100% SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SET ASIDE ------

NOTICE: RETURN SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS WITH BID. IF BID IS HAND-CARRIED, DELIVER TO 69 DARLINGTON AVENUE, WILMINGTON, NC 28403, ATTN: KATIE REGISTER, CONTRACT SPECIALIST (910)251-4580, PRIOR TO THE TIME AND DATE SPECIFIED BELOW FOR BID OPENING. DUE TO HEIGHTENED SECURITY CONDITIONS, ACCESS TO THE BUILDING IS CONTROLLED BY SECURITY PERSONNEL. PERSONS HAND-DELIVERING BIDS SHOULD TAKE CARE TO ALLOW SUFFICIENT TIME TO PERMIT COMPLETION OF SECURITY REQUIREMENTS AND DELIVERY OF THE BID TO THE DESIGNATED OFFICE PRIOR TO THE TIME SET FOR RECEIPT OF BIDS.

VERBAL AND WRITTEN REQUESTS FOR INFORMATION MUST BE DIRECTED TO THE PERSON LISTED IN ITEM 9 ABOVE. INQUIRIES AND REQUESTS THAT ARE DIRECTED TO ANY OTHER PERSON MAY NOT BE RELAYED TO THE PROPER PERSON AND, THEREFORE, MAY NOT

BE ANSWERED. SEE 52.000-4011 IN SECTION 00 20 00.

KATIE REGISTER 910-251-4580

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

04-Aug-2015

(RFP)

(IFB)

X

CALL:

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

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 X mandatory, negotiable. (See _________________________00 73 00

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 specified in Item 8 by ___________ local time ______________25 Aug 2015 (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 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

USACE CONTRACTING, WILMINGTON DISTRICT

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM

PAGE OF PAGES

1 OF

CODE W912PM

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 AM (hour)

Sealed envelopes containing offers

WILMINGTON DISTRICT CONSTRUCTION ADMIN.

69 DARLINGTON AVE.

WILMINGTON NC 28403-1343

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

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

(910) 251-4454FAX:TEL: (910) 251-4804 TEL: 910-251-4642 FAX:

W912PM-15-R-0017 45

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

W912PM-15-R-0017

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Cubic

Yard

Stabilize Area 1 Upstream Face Dam Shoreline Southwest FOB: Destination

NET AMT

0002 Cubic

Stabilize Area 2 Upstream Face Dam Shoreline Northwest

0003 Cubic

Stabilize Area 3 Downstream Face Rock Toe Tailrace Region Southeast

0004 Cubic

Stabilize Area 4 Downstream Tailrace Shoreline Southeast

TOTAL

TOTAL OF CLINS 0001-0004 ____________________

NOTICE TO OFFERORS

NOTE 1:

FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISSIONS (SF1442, SECTION 00

10 00, SECTION 00 45 00, AND TECHNICAL INFORMATION) MAY RENDER YOUR PROPOSAL

NONRESPONSIVE.

NOTE 2:

THE CONTRACTOR SHALL FURNISH A PRICE BREAKDOWN, ITEMIZED AS REQUIRED

AND WITHIN THE TIME SPECIFIED BY THE CONTRACTING OFFICER, WITH ANY

PROPOSAL FOR THIS SOLICITATION. THE PRICE BREAKDOWN MUST INCLUDE

SUFFICIENT DETAIL TO PERMIT AN ANALYSIS OF PROFIT, AND OF ALL COSTS FOR—

(I) MATERIAL;

(II) LABOR;

(III) EQUIPMENT;

(IV) SUBCONTRACTS; AND

(V) OVERHEAD; AND MUST COVER ALL WORK INVOLVED IN THE

SOLICITATION. THE CONTRACTOR SHALL PROVIDE SIMILAR PRICE BREAKDOWNS TO

SUPPORT ANY AMOUNTS CLAIMED FOR SUBCONTRACTS.

EVALUATION CRITERIA

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award shall be made to the lowest priced technically acceptable offer. Technical acceptability shall be defined as evidence of:

PAST EXPERIENCE:

a) Offerors are required to submit prior experience of recent and relevant contracts/projects.

Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

b) Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of Work (SOW). Contracts/Projects that are recent are defined as those that have been completed within the last five (5) years.

c) A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact. Please do not submit more than five (5) contracts/projects.

d) In order for an Offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Any questions regarding this solicitation MUST be submitted in writing (fax or email) to Charlene Figgina at charlenne.l.figgins@usace.army.mil or Katie Register at karen.m.register@usace.army.mil Facsimile: 910-251-4454

STATEMENT OF WORK

1.0 GENERAL

1.1 Location. Falls Lake Dam is located on the Neuse River in Wake County, near the village of Falls, North Carolina, and approximately 10 miles north of Raleigh. The riprap areas to be repaired are located on both the downstream and upstream sides.

1.2 Background. This contract is needed to stabilize four (4) areas located at the dam site specified in this Scope of Work.

1.3 Responsibility. The Contractor shall furnish qualified personnel in disciplines needed to insure the accomplishment of the requirements specified in this Scope of Work.

1.4 Direction. The Contractor shall accept directions only from a Wilmington District Contracting Officer or the duly authorized Contracting Officer's Representative. Requests or desires of the Users, Using Agency, or any other party made directly to the Contractor shall be immediately brought to the attention of the Contracting Officer’s Representative for this Contract. Any changes to this Scope of Work must be authorized in writing by a Contracting Officer.

1.5 Request for Payment. The Contractor shall prepare and submit to the COR an invoice at the end of all contract performance. The invoice shall be submitted for payment processing to the COR designated above at: U.S. Army Engineer District, Wilmington, ATTN: USAED-TS-EE, 69 Darlington Ave., Wilmington, NC 28403. When submitting for final payment, include a Release of Claims Statement on the invoice. The following statement is acceptable:

“The undersigned Contractor, under Contract Number _________, between the United States of America and said Contractor for _________, hereby releases the United States, its officers, agents, and employees from any and all claims, demands, or liabilities of any kind arising under, by virtue of, or in any matter related to, said contract or any modification or change thereof, including, but not limited to, any claims under the Contract Disputes Act or the Equal Access to Justice Act, except for the following claim(s) in the stated amount(s): (Contractor, please write “NONE”, or a description of the exception.)

Name: ____________________________________

Signature: ____________________________________ Date: _________

1.6 Safety. All activities shall be performed in compliance with EM 385-1-1 dated 15 September 2008, the US Army Corps of Engineers, Safety and Health Requirements Manual. An Activity Hazard Analysis (AHA) in accordance with EM 385-1-1 shall be submitted by the Contractor for acceptance at least 7 days prior to commencement of work. The Falls Lake area is habitat for a wide variety of wildlife. Wildlife seen regularly are deer, predatory birds, and many types of snakes (poisonous and non-poisonous). Insects include chiggers, ticks, fire ants, and mosquitoes. The buddy system is a safety practice that is recommended to reduce risk. Personal safety apparel such as hardhat, steel-toe boots and safety vest will be required on-site.

2.0 REQUIREMENTS.

2.1 Summary of Work. Recent inspections of the dam have identified four (4) areas with some deterioration of riprap areas noted. The purpose of this contract is to stabilize the following four (4) areas at the dam project site (map attached):

Area 1 - Upstream Face Dam Shoreline Southwest Area 2 - Upstream Face Dam Shoreline Northwest Area 3 - Downstream Face Rock Toe Tailrace Region Southeast Area 4 - Downstream Tailrace Shoreline Southeast

2.2 Riprap Protection.

Where specified, riprap shall consist of 3 feet of NCDOT Class II riprap placed over a 1 foot layer of NCDOT Class A bedding stone. The bedding stone shall be free of clay, silt, sand or debris and shall be composed of stones reasonably well graded. The bedding stone shall not contain more than 10 percent by weight of sizes smaller than 2 inches nor shall it contain stones larger than 6 inches. Some of the areas may require work to be completed below the normal pool elevation.

General (Regional) Permit (Attachment 1) dated January 1, 2011 may be applicable to this work. The State’s Neuse Buffer Rules may also apply for this work. The Contractor shall be required to coordinate the work with the North Carolina Department of Environment and Natural Resources, Water Quality Section and obtain any necessary permit and comply with all requirement and conditions of the permits. Permitting may involve additional costs.

Riprap stone shall consist of fresh, sound, hard, dense, durable rock, which shall be separated from bedrock by quarrying. The stone shall be of such quality that individual integrity and permanence within the structures is assured under all conditions to which it is subjected. The unit weight, saturated surface dry (SSD), of the stone shall not be less than 160 pounds per cubic foot and the specific gravity not less than 2.58. The stone shall be free from open or incipient cracks, seams, fissures and structural planes of weakness, and other defects that would tend to increase its deterioration from natural causes. Not more than 1% by weight for inclusion of objectionable quantities of dirt, sand, clay, and rock fines will be permitted. An allowance of 5% by weight for inclusion of spalls will be permitted.

2.3 Placement of Stone

Stone for slope protection shall be placed in such manner as to produce a reasonably well-graded mass of rock with the minimum percentage of voids, and shall be constructed within the specified tolerance to the lines and grades shown on the drawings or staked in the field. Stone shall be placed to its full course thickness at one operation as shown on the plans. The larger stones shall be well distributed and the entire mass of stones in their final position shall be roughly graded to conform to the gradation specified in subparagraph Stone Gradation, hereinabove. The finished stone shall be free from objectionable pockets of small stones and clusters of larger stones. Placing riprap in layers will not be permitted. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the quarry or other source, or by other methods of placement which will produce the specified results. Rearranging of individual stones by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone sizes as specified above. The Contractor shall maintain the stone slope protection until accepted and any material displaced by any cause shall be replaced at his expense to the lines and grades shown on the drawings.

3.0 PRE-BID SITE VISIT.

No formal site visits are scheduled; however, bidders are urged and expected to inspect the site where the work will be performed. Site visits may be arranged during normal duty hours by contacting:

Name: Ms. Dana Matics Address: 11405 Falls of the Neuse Road

Wake Forest, NC 27587 Telephone Number: 919-846-9332 x224 Email Address: dana.l.matics@usace.army.mil

4.0 GOVERNMENT FURNISHED MATERIALS.

A set of reference drawings and photos are provided to the Contractor for information to assist in performing the work under this solicitation only after award.

5.0 SCHEDULE.

Work should not begin prior to 14 September 2015 unless authorized by the Contracting Officer or the Contracting Officer’s Representative and must be completed by 31 October 2015. All work must be scheduled between 7:00AM and 4:30PM Monday through Friday excluding Federal Holidays. Any work performed outside this timeframe must be approved by the Contracting Officer’s Representative.

6.0 COORDINATION.

The principal Wilmington District technical point of contact for this Contractor is the Contracting Officer’s Representative that will be specified at contract award. Submittals shall be made to the Contracting Officer’s Representative. The Contractor shall designate a project manager who shall be the principal point of contact for the Wilmington District in administering this contract. The Contractor's project manager shall be responsible for all coordination to insure the work is accomplished in a professional manner. Any directions given that are viewed by the Contractor as a change to the scope of work affecting contract fixed price and performance period shall be brought to the immediate attention of the Contracting Officer or the Contracting Officer’s Representative.

7.0 PHYSICAL DATA

(a) Weather conditions are reported by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Environmental Data Service, Asheville, North Carolina, and information about weather condition(s) is available through the following Internet site:

http://www.nws.noaa.gov

It shall be the Contractor’s responsibility to obtain information concerning rainfall and wind conditions that could influence operations.

(b) Transportation facilities: The project is accessible by public roads.

(c) Lake Conditions. The normal operating pool elevation for Falls Lake is 251.5 msl. The Contractor shall note that the normal operating pool elevation for Falls Lake fluctuates on a daily basis and the Contractor shall be required to plan his work accordingly. The following table is furnished for the Contractor’s information.

Table Falls Reservoir Water Level (1)

Reservoir Level

January

February

March

April

May

June

245 28 26 31 30 31 30

246 28 26 31 30 31 30

247 28 26 30 30 31 30

248 28 26 30 30 31 30

249 21 24 30 30 31 30

250 20 23 27 30 31 30

251 20 20 21 27 31 26

252 9 14 12 19 14 9

253 5 6 4 3 3 3

254 1 5 2 1 1 2

255 1 2 1 0 1 1

256 0 2 0 0 0 0

257 0 1 0 0 0 0

258 0 1 0 0 0 0

259 0 1 0 0 0 0

260 0 0 0 0 0 0

261 0 0 0 0 0 0

262 0 0 0 0 0 0

263 0 0 0 0 0 0

264 0 0 0 0 0 0

265 0 0 0 0 0 0

(1) – On average, the number of days for each month that Falls Reservoir level exceed the defined elevation.

Based on 10 years of data from 2004 to 2014.

Table Falls Reservoir Water Level (1) Reservoir Level

July

August

September

October

November

December

245 31 31 29 27 25 28

246 31 31 28 25 25 27

247 31 31 26 25 25 27

248 31 29 25 21 21 24

249 30 27 18 20 21 20

250 27 27 17 18 17 19

251 16 20 13 11 13 15

252 2 10 4 1 5 11

253 1 2 2 0 2 6

254 1 0 2 0 1 4

255 0 0 1 0 1 2

256 0 0 1 0 1 0

257 0 0 0 0 1 0

258 0 0 0 0 0 0

259 0 0 0 0 0 0

260 0 0 0 0 0 0

261 0 0 0 0 0 0

262 0 0 0 0 0 0

263 0 0 0 0 0 0

264 0 0 0 0 0 0

265 0 0 0 0 0 0

(1) – On average, the number of days for each month that Falls Reservoir level exceed the defined elevation.

Based on 10 years of data from 2004 to 2014.

(d) Lake Conditions: The normal operating pool elevation for Falls Lake is 251.5 msl. The Contractor shall note that the normal releases for Falls Lake Dam fluctuates on a daily basis and the Contractor shall be required to plan his work accordingly. The following table is furnished for the Contractor’s information.

Summary Table

Falls Tailrace Area Downstream Elevations (1)

River

Elevation January February March April May June

195 18 17 13 2 8 18

196 7 6 11 21 16 8

197 4 3 4 5 5 3 198 2 3 3 2 1 2

River

Elevation July August September October November December

195 18 22 20 28 28 24

196 11 9 7 2 1 1

197 1 0 3 1 2 4

198 2 0 0 0 0 3

(1) - On average, the number of days for each month that Falls Lake downstream Tailrace Area stream elevations exceeds the defined elevations. Based on 7 years of data from October 2007 to August 2014.

The Contactor shall note that no attempts to lower the Lake pool elevations below the normal operating pool elevation of 251.5 msl will be made for this work.

8.0 AVAILABILITY AND USE OF UTILITY SERVICES

8.1 Temporary Utilities

Provide temporary utilities required for construction. Materials may be new or used, must be adequate for the required usage, not create unsafe conditions, and not violate applicable codes and standards.

8.2 Payment for Utility Services

(a) The responsibility shall be upon the Contractor to provide and maintain at his own expense an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary supply connections and piping for same, but only at such locations and in such manner as may be approved by the Contracting Officer. Before final acceptance, temporary connections and piping installed by the Contractor shall be removed in a manner satisfactory to the Contracting Officer. The Contractor shall carefully conserve any utilities furnished without charge.

(b) All electric current required by the Contractor shall be furnished at his own expense. All temporary lines will be furnished, installed, connected, and maintained by the Contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in like manner at his expense prior to final acceptance of the construction.

8.3 Meters and Temporary Connections

The Contractor, at its expense and in a manner satisfactory to the Contracting Officer, shall provide and maintain necessary temporary connections, distribution lines, and meter bases.

8.4 Telephone

The Contractor shall make arrangements and pay all costs for telephone facilities desired.

9.0 PROTECTION OF EXISTING FACILITIES

The Contractor shall be responsible for protecting Government property and undisturbed land not intended for modification, from damage. The Contractor shall protect all existing structures, including roads, parking areas, bridges, roadway embankments, utilities and improvements from damage and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting there from. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. The Contractor shall not inflict damage upon land outside the contract area by unwarranted entry upon, passage through, or disposal of material on such land. The Contractor shall repair all damage or disturbance caused by the Contractor’s operations that are outside the direct work area to the satisfaction of the Contracting Officer and at the Contractor’s expense.

10.0 CONTRACTOR FACILITIES AND WORK AREAS

The Contractor shall propose and get approval for all lay down, staging and access areas to be used outside the direct work areas. The Contractor's lay down and staging areas, stockpile storage, and temporary access areas shall be placed in approved areas as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made only when approved by the Contracting Officer.

11.0 ANTI TERRORISM/OPERATIONAL SECURITY REQUIREMENTS

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.000-4001 HANDCARRIED BIDS/PROPOSALS (Sep 2003)

(Wilmington Local Instruction)

1. If bids/proposals are handcarried, deliver them to the U. S. Army Corps of Engineers, Wilmington District, Attn:

Contracting, 69 Darlington Avenue, Wilmington, North Carolina, 28403. All bids/proposals must be received in the Contracting Office not later than the exact time specified for bid opening or time specified for receipt of proposals.

2. Due to security measures at the Wilmington District Office, you should allow sufficient time for delivery of the bid/proposal to ensure it is received timely.

(End)

52.000-4028 INFORMATION TO ALL CONTRACTORS

System for Award Management (SAM) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction Feb 2013)

1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling 866-606-8220.

2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments.

(End of Local Instruction)

52.209-4005 PRE-AWARD INFORMATION

(Wilmington Local Instruction)

1. Contracts shall be awarded to responsible prospective contractors only. Before award, to be determined responsible, a prospective contractor must:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

c. Have a satisfactory performance record;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Each Bidder shall, upon request of the Contracting Officer, furnish information on any or all of the above areas so that the Contracting Officer can make an affirmative determination of responsibility or nonresponsibility.

(End of Paragraph)

Section 00 21 16 - Instructions to Proposers

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside

NOV 2011

52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I

MAY 2014

52.236-27 Site Visit (Construction) FEB 1995

52.204-4003 TAXPAYER IDENTIFICATION

Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(a) Taxpayer Identification Number (TIN).

___ TIN:.___________________________

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(b) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other ______________________________

(c) Common parent.

___ Offeror is not owned or controlled by a common parent

___ Name and TIN of common parent:

Name _________________________________

TIN ___________________________________

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE contract resulting from this solicitation.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

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

(2) The small business size standard is $36,500,000.00.

(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.

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

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

22.8% 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

Falls Lake, Wake Forest, NC

52.236-4011 Disclosure of Magnitude of Construction (FAR 36.204 and DFARS 236.204)

The estimated price range for this project is between

$25,000.00 and $100,000.00.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:

(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:

(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.

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

(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities-- Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

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

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

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.

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

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

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

FAR/DFARS Clause # Title Date Change

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

Section 00 45 00 - Representations and Certifications

52.202-1 Definitions NOV 2013 52.204-8 Annual Representations and Certifications DEC 2014

52.204-4001 OFFEROR IDENTIFICATION (CESAS-CT-C APR 1993)

Offeror is requested to furnish the following information:

Name/Address: ____________________________________________________________

Telephone No. ____________________________________________________________

DUNS: ________________________ CAGE: _______________________

52.204-4002 CORPORATE CERTIFICATE (MAR 1994 CESAS-CT) (Ref. FAR 4.102(c))

The offeror shall execute and affix seal on attached Corporate Certificate if the company is incorporated. Company name on the seal should always be the same as company name on Page A-1 of the solicitation. If a proposal is signed by an officer of the company, the certificate shall be certified by another officer of the company. If the proposal is signed by someone other than an officer of the company, the proposal must be accompanied by: (1) a Corporate Resolution that individual signing the contract has authority to bind the company; or (2) a Corporate Resolution stating that an officer of the company may appoint individuals to sign proposals and bind the company.

NOTE: Contractor, if a corporation, should cause the following certificate to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the certificate.

CERTIFICATE

I, ________________________________________________ , certify that I am

____________________________________________of the corporation named Contractor herein, that

_____________________________________________ signed this contract on behalf of the Contractor, was then ______________ of said corporation; that said contract was duly signed for and in of said corporation by authority of its governing body, and is within the scope of its corporate powers.

____________________________________ (CORPORATE SEAL)

(Signature)

Section 00 70 00 - Conditions Of The Contract

52.202-1 Definitions NOV 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-10 Alt I Notice of Buy American Requirement--Construction Materials (Feb 2009) Alternate I

MAY 2014

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-14 Irrevocable Letter of Credit NOV 2014 52.229-2 North Carolina State and Local Sales and Use Tax APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts…