W912QR23Q0130.pdf

W22W9K32194031

Brookvile Lake Asphalt Road Repair Work

The estimated construction cost is less than $25,000 per FAR 36.204.

NAICS code: 237310 Highw ay, Street, and Bridge Construction

Please note that the business size in SAM is determined by the NAICS code.

Size Determination is $45 Million.

This procurement is set-aside 100% for Small Business and w ill be aw arded based on low est price.

Contractors must register and complete the representation and certif ication requirements in the System for Aw ard Management (SAM) database, available at https://sam.gov. PLEASE ensure your annual SAM registration is current. Offerors must comply w ith the requirements of 52.204-7, 52.204-8, 52.232-33, and any other representation and certif ication requirements in this solicitation through SAM.

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

ALEX J HAMILTON 502.315.6252

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-Sep-2023

(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 _______14 calendar days and complete it w ithin ________45 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

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 ______________22 Sep 2023 (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

U. S. ARMY ENGINEER DISTRICT, LOUISVILLE

600 DR. MARTIN LUTHER KING, JR. PLACE

ROOM 821

LOUISVILLE KY 40202-2239

W912QR

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 502.315.7494 TEL: FAX:

W912QR23Q0130 29

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 21 00 - Instructions

SPECIAL INSTRUCTIONS

The contractor shall furnish all labor, tools and equipment, supplies and materials, and transportation necessary to remove and properly dispose of asphalt demolition materials and removal of the damaged areas from the edge of the existing road as well as repairs and materials needed to fix the asphalt at Brookville Lake in accordance with the attached Scope of Work (SOW).

Location:.

U.S. Army Corps of Engineers

Brookville Lake

10064 Overlook Rd.

Brookville, IN 47012

This procurement is 100% set-aside Small Business, NAICS 237310 Highway, Street, and Bridge Construction, Size

Standard $45,000,000.

The estimated construction cost is less than $25,000 per FAR 36.204.

Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor.

One award will be made from this Solicitation. The contract award will be based on lowest total price to the

Government.

A site visit is recommended for the contractor to review the complexities of the work sites, verify existing conditions, and exact measurements. The site visit will be held on 20 September 2023, 10:00 AM ET.

Site Visit POC:

Scott Harper

765-647-6701

Quotes are due no later than 22 September 2023 at 12:00 PM ET. Faxed and mailed submittals will not be accepted. Electronic submittals may be emailed to Alex Hamilton at alex.j.hamilton@usace.army.mil

Information regarding the U.S. Army Corps of Engineers process for settling requests for equitable adjustments and duration goals to achieve definitization of equitable adjustments for change orders under construction contracts can be found by going to https://www.usace.army.mil/Business-With-Us/Partnering/ then clicking on “View FFP

Contract Changes Playbook Here”.

All contractors must be registered in the System for Award Management (www.SAM.gov) prior to submission of a quote. All proposed contractors are highly encouraged to review FAR Clause 52.232-33 Payments by Electronic

Funds Transfer – System for Award Management, which indicates “All payments by the Government under this contract shall be made by electronic funds transfer (EFT).” Those not currently registered can obtain registration by going to the website http://www.SAM.gov. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov.

Please begin the registration process immediately in order to avoid delay of the contract award should your firm be selected.

Contractors must register and complete the representation and certification requirements in the System for Award

Management (SAM) database, available at https://sam.gov. PLEASE ensure your annual SAM registration is current. Offerors must comply with the requirements of 52.204-7, 52.204-8, 52.232-33, and any other representation and certification requirements in this solicitation through SAM.

ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk

(FSD) will activate the entity's registration.

Effective 29 June 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.

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.

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).

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

http://www.sam.gov/

PRICE BREAKOUT SCHEDULE

Description Quantity Unit Price Unit of Measure Total

CLIN 0001 -

Asphalt Road Repair

1 $ Job $

SCOPE OF WORK DESCRIPTION

Site Visit: You are encouraged to attend a site visit at 10:00 a.m. Eastern time on 09/20/2023

These specifications cover a section of asphalt road repairs. Location of work is at Brookville Lake:

U.S. Army Corps of Engineers Brookville Lake 10064 Overlook Road Brookville, Indiana 47012 *Bonwell Hill Boat Ramp Road just off of the intersection with State Road 101 on the west side of the road (exit lane).

QUOTE:

The Contractor shall furnish all labor, tools and equipment, supplies and materials necessary to remove and properly dispose of asphalt demolition materials and removal of the damaged areas from the edge of the existing road as well as repairs and materials needed to fix the asphalt. Price should include mobilization & de-mobilization, fuel, labor, materials, and equipment to complete the job. All materials removed from the government property shall be disposed of in ,accordance with state, local, and federal laws. The Contractor’s work and responsibility shall include all planning, programming, administration, management, supervision, communications, and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, State, and Local laws and regulations. The Prime Contractor is required to attend an on-site pre-work meeting to be scheduled within ten business days after Receipt of Award (ROA). The areas where the work will take place is accessible during all days of the week, however more congested traffic flow is expected on weekends and holidays.

The intention of this contract is for the Contractor to remove and properly dispose of damaged asphalt materials and repair the asphalt by adding new materials located at Brookville Lake.

The Contractor is responsible for all clean up, debris removal, traffic and public control and the restoration of areas, facilities, or structures negatively impacted to its original condition. The Contractor will remove all demolition debris to a site licensed to receive/recycle asphalt debris.

SCOPE OF WORK

1. General. The Contractor shall furnish all labor, tools and equipment, supplies and materials necessary to remove and properly dispose of asphalt demolition materials and removal of the damaged areas from the edge of the existing road as well as repairs needed to fix the asphalt. Grading and sloping shall occur to ensure appropriate run off for water. Prepared subbase upon which the asphalt is poured must provide a solid, stable foundation in the face of erosion, usage, and weather. A binder and surface coarse will be applied where applicable to add strength to the new asphalt. The butt joints and transition areas will meet evenly with the existing pavement. All work to be performed in accordance with INDOT specifications.

Site is located at the Bonwell Hill Boat Ramp Road off of the intersection with State Road 101 on the west side of the road (exit lane) Brookville, IN 47012 in accordance with the attached specification and\or drawings. All services will be completed as scheduled with the Park Manager. It is the contractor’s responsibility to take any measurements to include length, lifts, etc. and calculate/estimate the dimensions of the work site in preparation of their bid. It is the contractor’s responsibility to make note of existing electrical service, fuel oil lines, water lines, nearby equipment, and machinery, etc. to facilitate the asphalt pavement repair and return the areas to their original condition. All materials will be installed to manufacturer specifications. All materials and labor must carry a minimum of one year warranty from the date of final inspection or conform to manufacturer’s warranty. All work will follow applicable codes and regulations. The contactor will supply any applicable accessories and equipment including an owner’s manual if applicable. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials, and equipment.

2. Site Cleanup. The Contractor shall remove all equipment, trash, debris and other materials from the site upon completion of work and disposed of in accordance with federal, state and local laws. Contractor is responsible for the restoration of grounds and property including but not limited to roadways, signs, guardrails, and pavement.

COMPLETION TIMEFRAME AND DAYS AND HOURS OF WORK:

Once the contract is awarded and issued by contracting office, a pre-work meeting will take place and then work can begin. Upon notification, materials will be ordered within 1 week of ROA. Work will proceed within 2 weeks, or an alternate designated time approved by the Park Manager. All work will be completed within (45) business days from the ROA unless weather or circumstances beyond the control of either party occur requiring a delay in work.

Unforseen conditions include but are not limited to flooding, partial facility closures (due to vandalism, maintenance repair work, etc.), and partial site/facility closures due to security or safety concerns. Such unforeseen conditions may delay completion of the specified service; however, payments shall be made for actual work completed. All service/work to remove and dispose of the damaged asphalt and repairs to the asphalt shall be performed during daylight hours. Services on weekends or Federal holidays (listed below) will not be permitted without management approval in advance. Work will be scheduled and coordinated with the Park Manager to eliminate or minimize the impact of closure or restricted access caused by the contractors work to the general public.

Holiday Work. The eleven Federal holidays observed are:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth National Independence Day (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC.

If completed services do not conform to contract requirements, the Government may require the Contractor correct the deficient services to bring them into conformity with the requirements. Correction of deficient services shall not entitle the Contractor to an increase of the unit price contained in the awarded contract. If the Contractor fails to promptly correct unsatisfactory services or fails to take necessary action to ensure future work is in compliance with the contract requirements, the Government may proceed with any rights or remedies detailed within the contract clauses and terms. The Government reserves the right to delay or stop work as needed to accommodate higher priorities. Time allowed for installation will be adjusted accordingly.

Existing Asphalt

Figure A – Location of work to be done shaded in red – exit lane of Bonwell Hill Boat Ramp Road along the west side of the road (exit lane)

Figure B – View facing south towards State Road 101 – the right side of the picture shows the failing edges of asphalt along the west side of the road (exit lane)

Figure C – View facing north towards Bonwell Hill Boat Ramp – the left side of the picture shows the failing edges of asphalt along the west side of the road (exit lane)

Figure D Figure E

Figures D and E – views facing south towards State Road 101 – zoomed in of failing edges of asphalt along the west side of the road (exit lane)

Figure F Figure G

Figures F and G – views facing south towards State Road 101 – zoomed in of failing edges of asphalt along the west side of the road (exit lane)

PROPERTY DAMAGE:

The Contractor shall use reasonable care to avoid damaging existing roadways, signs, guardrails, and pavement during the performance of the specified work. If the Contractor, Contractor employees, or persons acting on behalf of the Contractor fail to use reasonable care and Government property is damaged, the Contractor shall repair or replace the damaged property at no expense to the Government. Property damage caused by the Contractor or persons/employees acting on behalf of the Contractor shall be reported to the Contracting Specialist and the Project Manager immediately.

CHANGES IN SPECIFICATIONS:

The right is reserved, as the interest of the Government may require revising or amending the specifications prior to the date set for receipt of quotes. Such revisions and amendments, if any, will be announced by amendment(s) to this solicitation. Copies of such amendments may be issued will be furnished to all registered contractors. If the revisions and amendments are of a nature that require material changes in quantities or prices offered, or both, the date set for opening proposals may be postponed by such number of days as, in the opinion of the Contracting Officer will enable the offerors to revise their proposals. In such cases, the amendment will include the announcement of the new date for receipt of quotes.

INSURANCE:

The Contractor shall, at their own expense, provide to the Project Manager and maintain during the entire performance of this contract the following: Insurance Type – General Liability (Bodily Injury and Property Damage Combined) Minimum Amounts of Liability $1,000,000. Each Occurrence $1,000,000 Aggregate. The contractor is required to provide a Certificate of Insurance to the Project Manager at the time of the pre-work meeting.

SAFETY REQUIREMENTS:

Performance of all services shall assure complete safety to public visitors (including safe access), Government employees, Contractor employees, and all other persons in the worksite areas. At the conclusion of each workday, the Contractor will secure the site for safe public access. The Contractor shall comply with any applicable codes and regulations and pertinent requirements contained in the U.S. Army Corps of Engineers Safety Manual EM 385-1-1, current at the time of award. Furthermore, the Contractor shall comply with pertinent occupational safety and health standards as required by the Occupational Safety and Health Administration (OSHA). The complete EM 385-1-1 safety manual with appendices can be reviewed at the following Internet address:

(https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf).

The Contractor shall provide Contractor personnel with any personal protective apparel and equipment required by the Safety Manual (EM 385-1-1) and, as necessary, eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a hard hat, shirt (with sleeves), long trousers, and protective shoes/boots (steel toed) while performing contract work. Contractor employees shall utilize other safety equipment such as: hearing protection devices, work gloves, or protective glasses/goggles, etc. whenever required by the safety manual.

Before the Pre-work conference, the contractor will be responsible to provide an approved Accident Prevention Plan, Activity Hazard Analysis Plan, Safety Plan, and a Risk Assessment. Guidance will be provided by Government personnel. The contractor is required to attend a pre-work conference, to be scheduled by the Project Manager, within 10 calendar days after the award of the contract.

GENERAL SECURITY REQUIREMENTS AND GUIDANCE:

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractors employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 5 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures

- this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf facility change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS:

All Contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”).

Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

Suspicious Activity Reporting Training (e.g. iWatch, CorpsWatch, or See Something, Say Something):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the Project Manager, security representative or law enforcement entity.

Pre-screen Candidates Using E-Verify Program:

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the Project Manager no later than three 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, and submit it to the Contracting Officer to become part of the official contract file.

SUPPLEMENTAL SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on this contract who require access to any Louisville District Lake Projects and Lock and Dam Projects shall receive authorization to be on site at these facilities based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12:

Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12). The Louisville District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on the contract based upon the results of the background investigation provided by the Louisville District Security Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Louisville District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

https://www.e-verify.gov/

FOR ALL LOUISVILLE DISTRICT CONTRACTS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Louisville District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted access to Louisville District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) US Citizens Security Access Form or Pre-Bid/Site Visit Form; each employee working on site must have a background investigation form submitted directly to the Louisville District Security Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with an initial period of performance (POP) greater than 1 year and those Contracts with Options or Modifications Which Extend the POP beyond 1 year. For instance, if the employee was cleared in May of 2022, they shall be cleared again in May of 2023. It is the Contractor’s responsibility to ensure that each employee’s security is up to date.

Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Louisville District USACE Security Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). Fingerprints are captured electronically at the closest Army Recruiting Station to the contractor’s home of record or at the USACE, Louisville District Security Office.

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Louisville District Security Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Louisville District Security Office will make recommendations to the PCO or their Designated Representative. The Louisville District Security Office cannot give approval due to unfavorable report(s). The Louisville District Security Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

http://www.opm.gov/forms/

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S.

Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I- 688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Louisville District Security Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Louisville District Security Office by phone, letter, or email at the following numbers/addresses:

CELRL-SM

600 Martin Luther King Jr. Pl Louisville, KY 40202 DLL-CELRL-Security-SM@usace.army.mil

James R. Milner, phone (502) 315-6916; email Jason Almodovar, phone (502) 315-6754; email Charles R. Tanner, phone (502) 315-6929; email mailto:DLL-CELRL-Security-SM@usace.army.mil

ADMINISTRATIVE INFORMATION

If not already in the system, the contractor will be required to register through the System for Award Management (SAM) database at the internet address: www.SAM.gov

Technical POC: Scott Harper 765-647-6701 fax 765-647-2416

U.S. Army Corps of Engineers Brookville Lake 10064 Overlook Rd Brookville IN 47012 Email: Jason.s.Harper@usace.army.mil

INVOICE REQUIREMENTS:

Contractor Invoice: The Contractor will provide an invoice upon the completion of the Asphalt Repair work that includes the following information:

• Contractor’s name and address

• Contract Number

• Invoice number and date

• Itemized listing of services of work performed

• An invoice contact person

• Signature of Contractor or Contractor’s representative

• Submit invoices to:

Brookville Lake, U.S. Army Corps of Engineers 10064 Overlook Road Brookville, Indiana 47012 http://www.sam.gov/

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

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)

52.225-10 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.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Scott Harper

Address: U.S. Army Corps of Engineers

Telephone: 765-647-6701

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):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Section 00 45 00 - Representations and Certifications

REPRESENTATIONS & CERTIFICATIONS

COMPANY NAME AND ADDRESS: __________________________________________

PHONE NUMBER _____________________ FAX NUMBER _____________________

EMAIL ADDRESS ________________________________________________________

BUSINESS SIZE (select one)

Large Business _____ Small Business_____ HUBZone Business_____ 8A _____

Woman-Owned ____ Service-Disabled Veteran-Owned ____

Contractor is registered with SAM: _____ YES _____ NO (See FAR 52.204-7)

TAX ID # ______________________

INDICATE Unique Entity Identifier___________________

(Note: See Unique Entity Identifier (FAR 52.204-7). (This is 9-digit numeric code)

CAGE NO. ____________

52.204-8 Annual Representations and Certifications MAR 2023

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems - Representation (DEVIATION 2020-

O0015)

MAY 2020

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

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

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) of this provision instead of…