This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The U.S. Army Corps of Engineers, Kansas City District, Melvern Kansas Lake Project Office, intends to issue a contract to furnish and deliver 475 tons of 24 inch riprap and a 820 tons of shot rock to the Outlet Park Area at Melvern Lake Project, Melvern, KS. ============================================================================= SHOT ROCK AND RIPRAP FOR OUTLET PARK FISHING POND TRAIL MELVERN LAKE PROJECT, MELVERN, KS STATEMENT OF WORK: SUMMARY: This statement of work outlines the requirements and tasks associated with furnishing and delivering shot rock and riprap for a walking trail located near the East end of the Outlet Park Fishing Pond at Melvern Lake Project, Melvern, KS. RIPRAP: Riprap shall be 24 quarry run limestone meeting minimum requirements as per KDOT Section 1116k, Standards Specifications for riprap. Riprap shall be delivered to 1 location near the trail work site. SHOT ROCK Shot Rock shall be un-graded quarry run. Shot Rock shall be delivered to 1 location near the trail work site. Delivery shall commence January 12, 2010 (weather permitting), and shall be completed 14 days following commencement of work. A delivery schedule shall be coordinated with the Operations Manager or his representative prior to beginning work. ================================================================================= Any contract resulting will be firm-fixed price, with NAICS code 484220, SIC code 4212, FSC code V112, size standard 100 employees, and being 100% set aside for small business. ================================================================================ TO QUOTE: At a minimum, responsible sources shall provide the following: - A price proposal - Bidders name, address, and telephone number - Federal tax ID # - Duns # Responses to this solicitation are due by 4:00 pm CST on September 17, 2009, at Melvern Lake Project Office, 31051 Melvern Lake Parkway, Melvern, KS 66510. Quotes not received by the due date and time will not be considered. Quotes may be submitted in person, via delivery service, via U.S. Mail, via facsimile, or via email. Fax # to send quotes is 785-549-3611. Email address to send quotes is:
[email protected]. ================================================================================== QUESTIONS: Please direct any technical questions about specifications for the goods required, or about delivery, to
[email protected] or 816-389-3458. Please direct any contractual questions about bidding procedures or contract paperwork to
[email protected] or 816-389-3458. Prior to contract award, the successful bidder must be registered in the Central Contractor Registration (CCR) and must also complete the Online Representations and Certifications (ORCA). Websites to accomplish these registrations are: www.ccr.gov and www.bpn.gov. Free assistance with CCR and ORCA registrations may be obtained by contacting the Heartland Procurement Technical Assistance Center (PTAC) at 417-625-3001 or 417-625-3029 or visiting their website at: www.aptac-us.org. ARRA REPORTING REQUIREMENT: Under the American Recovery and Reinvestment Act of 2009 (ARRA), please note that there are some unique reporting requirements relevant to the use of ARRA funds, as specified in the clause, which is included at the bottom of this announcement. Bidders should pay special attention to items (b), (c), and (d) of the clause, which explain the reporting requirements. CONTRACT CLAUSES: FAR CLAUSES: The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: -- 52.202-1, Definitions -- 52.203-2, Certificate of Independent Price Determination -- 52.203-3, Gratuities -- 52.203-6, Restrictions on Subcontractor Sales to the Government -- 52.203-7, Anti-Kickback Procedures -- 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 -- 52.204-6, Data Universal Numbering System (DUNS) Number -- 52.204-7, Central Contractor Registration -- 52.204-8, Annual Representations and Certifications -- 52.204-11, American Recovery and Reinvestment ActReporting Requirements -- 52.207-4, Economic Purchase QuantitySupplies -- 52.211-5, Material Requirements -- 52.211-9, Desired and Required Time of Delivery -- 52.212-1, Instructions to Offerors -- 52.212-3, Offeror Representations and Certification -- 52.212-4, Contract Terms and ConditionsCommercial Items -- 52.212-5 Alt II, Contract Terms and Conditions Required to Implement Statutes or Executive OrdersCommercial Items -- 52.213-3, Notice to Supplier -- 52.214-4, False Statements in Bids -- 52.214-5, Submission of Bids -- 52.214-13, Electronic Bids -- 52.214-26, Audit and RecordsSealed Bidding -- 52.215-2 Alt I, Audit and RecordsNegotiation -- 52.216-24, Limitation of Government Liability -- 52.219-1, Small Business Program Representations -- 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns -- 52.219-6, Notice of Total Small Business Set-Aside -- 52.219-8, Utilization of Small Business Concerns -- 52.222-3, Convict Labor -- 52.222-21, Prohibition of Segregated Facilities -- 52.222-26, Equal Opportunity -- 52.222-35, Equal Opportunity for Veterans -- 52.222-36, Affirmative Action for Workers with Disabilities -- 52.222-37, Employment Reports on Veterans -- 52.223-6, Drug-Free Workplace -- 52.223-13, Certification of Toxic Chemical Release Reporting -- 52.223-14, Toxic Chemical Release Reporting -- 52.225-1, Buy American ActSupplies -- 52.225-2, Buy American Act Certificate -- 52.225-13, Restrictions on Certain Foreign Purchases -- 52.225-18, Place of Manufacture -- 52.232-18, Availability of Funds -- 52.232-33, Payment by EFT, CCR Registration -- 52.233-2, Service of Protest -- 52.233-3, Protest after Award -- 52.236-4035 US Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 -- 52.237-1 Site Visit -- 52.237-2, Protection of Government Buildings, Equipment and Vegetation -- 52.243-1, ChangesFixed-Price -- 52.244-6, Subcontracts for Commercial Items -- 52.247-34, F.o.b. Destination -- 52.249-8, Default (Fixed-Price Supply and Service) -- 52.252-1, Solicitation Provisions Incorporated by Reference -- 52.252-2, Clauses Incorporated by Reference DFARS CLAUSES: The following Defense FAR Supplement (DFARS) provisions & clauses apply to this solicitation & are incorporated by reference: 252.211-7003, Item Identification and Valuation 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 52.204-11 American Recovery and Reinvestment ActReporting Requirements (Mar 2009) (a) Definitions. As used in this clause Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16. First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act. Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as full-time equivalent (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as full-time equivalent (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter. Total compensation means the cash and noncash dollar value earned by the executive during the contractors past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. (3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000. (b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public. (c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter. (d) The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov . (1) The Government contract and order number, as applicable. (2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the governments on-line reporting tool. (3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter. (4) Program or project title, if any. (5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure. (6) An assessment of the contractors progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act. (7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractors workforce. At a minimum, the contractor shall provide (i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractors existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and (ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained. (8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if (i) In the Contractors preceding fiscal year, the Contractor received (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount. (10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows: (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractors parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) The applicable North American Industry Classification System (NAICS) code. (vi) Funding agency. (vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (viii) Subcontract number (the contract number assigned by the prime contractor). (ix) Subcontractors physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable. (x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable. (xi) Names and total compensation of each of the subcontractors five most highly compensated officers, for the calendar year in which the subcontract is awarded if (A) In the subcontractors preceding fiscal year, the subcontractor received (l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and (B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (End of clause) WAGE RATES ARE APPLICABLE TO THIS PROCUREMENT AND WILL BE FURNISHED ON REQUEST. Contact the Melvern Lake Project Office @ (785)549-3318 for information regarding wage rates.