24B5010 Final Soliciation_20230209.pdf

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Craney Island Office Expansion
Solicitation number
W9123624B5010
Issued by

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This solicitation requests bids for building construction and renovation services for the Craney Island Project Office in Portsmouth, Virginia. The required services include demolishing an existing 1,200 square foot storage shed and constructing a new office in its place, renovating an existing 4,400 square foot administration office building, repaving an existing parking lot, and optional furnishings. Bids are due through the Procurement Integrated Enterprise Environment by 2:00 PM Eastern Time on March 11, 2024. The total evaluated price will determine the apparent low bidder. The awarded contractor must complete all work within 365 calendar days from notice to proceed. The solicitation is set aside for small businesses, and the Department of the Army Corps of Engineers Engineering District Norfolk is the issuing agency.

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W9123624B5010 Craney Island Office Expansion Project, located in Portsmouth, VA.

In accordance w ith FAR36.204, the magnitude of construction for this project is betw een $1,000,000 and $5,000,000.

This is 100% Small Business Set-Aside

All Unit Prices and Net Amounts must be rounded to the nearest w hole cent.

NAICS 236220, Small Business Size Standard $45M

Contracting POC: Michael Stevenson, (757) 201-7233, Michael.L.Stevenson@usace.army.mil

X

JILLIAN L NOBLETT 757-201-7668

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

09-Feb-2024

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______20 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Mar 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 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 NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

W91236

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

757-201-7183FAX:TEL: 757-201-7608 TEL: FAX:

W9123624B5010 61

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

W9123624B5010

Section 00 00 00 - Procurement and Contracting Requirements

PROJECT DESCRIPTION

PROJECT DESCRIPTION

USACE NAO is seeking a small business capable of demolishing a storage shed and construct a new office, repair the administration building, repave the existing parking lot, and optional work to furnish both buildings.

This new acquisition is for building construction and renovation services for the Craney Island Project Office in Portsmouth, Virginia. Required services include demolition of an existing storage shed and construction of a new office in its place, renovations to the existing administration office building, repaving of the existing parking lot, and optional work to furnish the buildings. The storage shed to be demolished is a 1,200 square foot steel framed, slab on grade facility. The office space replacing the storage shed will consist of an open office area, conference room, telecom room, and unisex restrooms. The existing administration building is a 4,400 square foot concrete block facility consisting partly of office space and garage space.

The scope of the administration building work will consist of constructing a new electrical room, modifications to the existing restrooms, installations of new doors, and improvements to the Heating Ventilation Air Conditioning (HVAC) system and geothermal systems. Removal of known hazardous material will be required as part of the demolition and renovation work. A hazardous materials assessment report will be provided to bidders.

1. NOTICE OF AWARD

Only a warranted Contracting Officer (either PCO or ACO) acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not process with the change and shall immediately notify the Contracting Officer.

Contracting Officer:

POC – Stormie Wicks Email – stormie.b.wicks @usace.army.mil Phone – 757-201-7215

2. DEPARTMENT OF LABOR WAGE DECISION (CONSTRUCTION)

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) Number VA20230161 01/05/2023.

3. REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Worker’s Compensation As required by State Law Employer’s Liability $100,000 per person General Liability $500,0000

Motor Vehicle Liability (for each vehicle) $200,000 per person Bodily Injury or Death $500000 per occurrence Property Damage $20,000 per occurrence

Prior to commencement of work hereunder, the contract shall furnish to the Contracting Office a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

4. INVOICES

Invoices shall be submitted via ENG93, cc’d Contracting Officer Representative (COR), Borden Spurlock, at the below POC mailto:stormie.b.wicks@usace.army.mil

Borden Spurlock Construction Control Representative U.S. Army Corps of Engineers, Norfolk District

Office: 757-201-7053 borden.lo.spurlock@usace.army.mil

5. PERFORMANCE EVALUATION OF CONTRACTOR

As a minimum, the Contractor’s performance will be evaluated upon final acceptance of the work.

However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. In compliance with DOD FAR Supplement 236.201, Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining contractor responsibility.

Agencies shall monitor their compliance with the past performance evaluation requirements (see 42.1502) and use the Contractor Performance Assessment Response System (CPARS) and Past Performance Information Retrieval System (PPIRS) metric tools to measure the quality and timely reporting of past performance information.

Past performance information shall be entered in CPARS, the Government wide evaluation reporting tool for all past performance reports on contracts and orders. Instructions for submitting evaluations into CPARS are available at http://www.cpars.gov/. Contractors are required to register with the system to respond and view their reports.

Contractors CPARS POC:

Name – Email – Phone –

6. LOCATION OF SITE ON A GOVERNMENT RESERVATION

The site of the work is on a government reservation and all rules and regulations issued by the Commanding Officer covering general safety, security, and sanitary requirements, etc., shall be observed by the contractor.

7. ACCIDENT PREVENTION PLAN

In accordance with FAR 52.236-13 Alt I entitled “Accident Prevention”, the contractor will not be allowed to commence work on the job site until an acceptable accident prevention plan has been submitted. The contractor will receive official notification of the acceptance of his accident prevention plan.

8. IDENTICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

9. ANTI-TERRORISM/OPERATIONS SECURITY INFORMATION

General security requirements and guidance – The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor 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) installation, 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 30 days mailto:borden.lo.spurlock@usace.army.mil http://www.cpars.gov/ of contract aware 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 the 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 facility or installation 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 and procedures.

Antiterrorism AT Level I Training – All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level 1 awareness training. Online AT Level 1 awareness training is available at https://jko.jten.mil/ (website subject to change).

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 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 the 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 is 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 COR no later than the 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.

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construction of Ops and Admin Bldgs

FFP

All work associated with construction of the new Operations building and improvements to the existing Administration building, to include site mobilization and demobilization, installation of erosion control features, landscaping and final grading, and all associated components, complete per the plans and specifications, exclusive of Bid Items 0002 and 0003.

FOB: Destination

PSC CD: Z2AZ

NET AMT

0002 1 Job Site Work

FFP

All work associated with milling and repaving the existing asphalt parking lot, installation of new sidewalk, and all associated components, complete per plans and specifications, exclusive of Bid Items 0001 and 0003.

0003 1 Job Demolition

FFP

All work associated with demolition of the existing storage shed, complete per plans and specifications, exclusive of Bid Items 0001 and 0002.

0004 1 Job OPTION Furniture, Fixtures, and Equipment – Ops

FFP

All costs associated with procurement and installation of the Furniture, Fixtures, and Equipment associated with the Operations Building.

0005 1 Job OPTION Furniture, Fixtures, and Equip – Admin

FFP

All costs associated with procurement and installation of the Furniture, Fixtures, and Equipment associated with the Administration Building.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ANP 1 US ARMY CORPS OF ENGINEERS

NORFOLK

BORDEN SPURLOCK

803 FRONT STREET

NORFOLK VA 23510-1011

757-201-7053

W26GLG

0002 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

TOTAL EVALUATED PRICE

TOTAL EVALUATED PRICE (TEP)= ALL Base CLINs + ALL Option CLINs Apparent Low Bidder is determined by the TEP Contractor must use the attached Bid Schedule to submit pricing and fill in the below TEP. The awarded pricing will be input into the SF1442 at time of award.

TOTAL BASE CLINs (CLIN 0001 – CLIN 0003 ): $ ____________

TOTAL OPTION CLINs (CLIN 0004 – CLIN 0005): $ ______________

TOTAL EVALUATED PRICE (TEP) (CLIN 0001 – CLIN 0005): $ ____________

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of http://www.sam.gov/ any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(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.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and http://www.sam.gov/ https://www.sam.gov/ sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

USACE, Norfolk District ATTN: Storimie B. Wicks 803 Front Street Norfolk, VA 23510 Email: Stormie.B.Wicks@usace.army.mil

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized site visit has been scheduled for-- February 23, 2023 at 10:00AM

(c) Participants will meet at-- Craney Island, Portsmouth, Virginia 23703

Interested vendors shall RSVP at least 2 business days prior to the scheduled date via email to Michael.L.Stevenson@usace.army.mil and cc Stormie.B.Wicks@usace.army.mil mailto:Michael.L.Stevenson@usace.army.mil mailto:Stormie.B.Wicks@usace.army.mil

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):

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any FAR and DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 13 - Instructions to Bidders

INSTRUCTION TO BIDDERS

Instructions to Bidders

1. BID SUBMISSION INSTRUCTIONS

The Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is by submission via PIEE, as discussed below only).

Bid Submission Requirements:

Electronic Proposal Submission in Procurement Integrated Enterprise Environment (PIEE):

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFIATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 2:00 p.m. Eastern Time on 11 March 2024. Bids shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Bid submittals by any other means will not be accepted and will not be eligible for award. Submittals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved.

Bidders are strongly encouraged to monitor the PIEE Solicitation Module to ensure your Proposal will be received no later than the exact time provided for in this solicitation. For example, the Solicitation Module provides information about upcoming maintenance downtime which may impact the ability to submit an electronic file.

Bidders should acquaint themselves with the process to submit electronic proposal files and allow sufficient time for file upload and for the Solicitation Module to accept your Digital PIN and issue a One-Time Password (OTP) to be received in your designated email account.

In the event the PIEE Solicitation Module is down, the Bidder must notify the Contracting Officer, that the system is down and submission through the Solicitation Module is not possible, prior to the submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient.

It is the responsibility of the Bidder to confirm receipt of proposals. All bids received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR). In the event the Contractor alleges technical difficulties and does not notify the contracting officer until after the submission deadline, the Contracting Officer will follow procedures identified in the Federal Acquisition Regulation (FAR 14.304(b)(1)) to determine if the Contractor’s late submission is accepted.

Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII) in the File Description.)

OFFERORS ARE STRONGLY ENCOURAGED TO AVOID WAITING UNTIL THE LAST MINUTE TO

ATTEMPT TO TRANSMIT THEIR PROPOSALS. TECHNICAL ISSUES WITH UPLOAD MAY

RENDER YOUR PROPOSAL TO BE LATE.

Please provide a confirmation email to the Contract Specialist and the Contracting Officer upon successful upload of IFB to the PIEE module/site. Email addresses are as follows:

Contract Specialist Name: Michael Stevenson Jr.

Email: Michael.L.Stevenson@usace.army.mil

Contracting Officer Name: Stormie Wicks Email: Stormie.B.Wicks@usace.army.mil https://piee.eb.mil/ mailto:Michael.L.Stevenson@usace.army.mil mailto:Stormie.B.Wicks@usace.army.mil

Procurement Integrated Enterprise Environment (PIEE) Resources:

Training material and guides for registering and submitting proposals can be found below and is provided to assist in locating the full scope of resources available on the PIEE website:

1. PIEE Solicitation Module Vendor Access Instructions:

https://www.acq.osd.mil/dpap/pdi/eb/docs/PIEE/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf

2. For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

3. Additional training and PIEE Solicitation Module resources can be found on the PIEE website at:

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

There are two vendor roles (Proposal Manager, Proposal View Only) for the PIEE Solicitation Module. The Proposal Manager role is required to submit an offer to a solicitation posted in the PIEE Solicitation Module.

Additionally, please be advised that when using the PIEE Solicitation Module, the user’s e-mail address in PIEE must match the e-mail address on file in SAM.gov.

Any questions regarding Bid Submissions should be directed to Michael Stevenson via ProjNet.

SPECIAL PROVISION IN RESPONSE TO CORONOVIRUS DISEASE 2019 (COVID19) ON

ACCEPTANCE OF BONDS AND OTHER FINANCIAL PROTECTIONS:

Please be advised that in accordance with FAR Deviation 2020-O0016, Class Deviation – Original Documents, Signatures, Seals and Notarizations – Electronic signatures and electronic, mechanically applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of FAR part 28 instruments as requested by this solicitation. The solicitation hereby incorporates Deviation 2020-O0016 to FAR 28.106-1. For any bid bond, performance bond, or payment bond that may be required under this procurement, a seal is not required. In the event of conflict in another provision in the solicitation, the Deviation will control.

Electronic Bid Opening There will be a “public” bid opening conducted by the Government via teleconference on 12 March 2024 at 02:00 PM ET for participating bidders. The teleconference phone number and access codes will be emailed to participants once bid submission due date and time has lapse. Bidders will be able to participate in the reading of the bids through this teleconference.

A bid abstract containing bid results will be distributed to participating bidders within twenty-four (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

A copy of the duly executed Bid Guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid.24B5010_Bidder Name.” A physical copy of the Bid Guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF30 acknowledgment of ALL Amendments.

2. AWARD TO THE RESPONSIBILE BIDDER

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey maybe performed in determining the bidder’s responsibility in accordance with FAR 9.104 and 9.106. The bidder will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. If the bidder is unable to comply with the request for pre-award survey, the bidder will no longer be considered for award.

To be determined responsible, a bidder 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 governmental business commitments.

https://www.acq.osd.mil/dpap/pdi/eb/docs/PIEE/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

c) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history.

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 (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

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

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

Additionally, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. This information is not required to be responsive to the Invitation for Bid. Too efficiently and expeditious award the resultant contract, it is HIGHLY recommended that bidders provide the below information with their bid. If bidders wish to shield this information from public view at the bid opening, the information may be placed in an envelope with the following legend:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W9123624B5010 This information is not required to be responsive to the Invitation for Bid.

a) Current commitments and expected dates of completion.

b) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e.

medium 6 figures – exact line of credit is not required).

c) The bidder shall provide the latest three (3) complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

3. EVIDENCE OF AUTHORITY TO SIGN BIDS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship.

Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive

4. PRE-AWARD SAFETY CONFERENCE

Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a pre-award survey, in determining the bidder’s responsibility.

The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

5. INSPECTION OF THE SITE

Prospective bidders are invited to visit the site of the work in order to acquaint themselves as to site conditions and other problems incident to the prosecution of the work. Arrangements for inspection of the site are identified in the clause 52.236-27, entitled "SITE VISIT (CONSTRUCTION)."

6. BASIS OF AWARD

All blanks must be filled in by the bidder. All unit prices and net amounts must be rounded to the nearest whole cent. In order for the bidder to be considered responsive all CLINS must provide pricing in order to be considered. A single award will be made to the lowest responsible, responsive bidder on the basis of the total bid price. Prior to making an award, a pre-award survey will be made, and the low bidder will be required to show that they have the necessary capital, experience, and owns or can procure the necessary plant to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified.

7. INCURRING COSTS

The Government is not liable for any costs incurred by the bidder submitting a bid in response to this Solicitation.

8. AGENTS

Bids signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal

9. UNBALANCED BIDS

Any bid which is materially unbalanced as to prices for the contract line items may be rejected as non-responsive or otherwise not considered for award. An unbalanced bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

10. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter.

11. MAGINITUDE OF CONSTRUCTION

In accordance with FAR Part 36.204(f), the estimated Magnitude of Construction for this project is between $1,000,000.00 and $5,000,000.00.

12. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments for this solicitation should be submitted through the bidder inquiry system, ProjNet, as shown below. All submitted questions will be responded to via ProjNet and an amendment issued prior to the solicitation closing date. ProjNet will close 10 days prior to the solicitation closing date.

Submitting a Bidder Inquiry:

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login.

Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team

The Solicitation Number is: W9123624B5010 The Bidder Inquiry Key is: I4YB4R-RWADZ

The Bidder Inquiry System will be unavailable for new inquires 10 days prior to the solicitation closing date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Bidders are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

13. SOCIO ECONOMIC STATUS VALIDATION

This IFB is 100% set aside for Small Businesses. In order to verify the bidder’s socio-economic status, the System for Award Management (SAM) website will be used to verify. In accordance with FAR 52.204-7 SAM Registration please ensure that your Unique Identifier Code (Cage Code or DUNS) is on page 1 of your bid in order to be responsive. Bidders must represent their Socioeconomic status. If you are submitting a bid as a Joint Venture (JV) you need to submit your JV Agreement with your bid.

14. MISTAKES IN BID

In case of discrepancies between the unit price and the extended total, unit price will be held to the intended bid and the total of the CLIN will be recalculated by multiplying the proposed unit price by the estimated quantity.

15. ISSUANCE OF NOTICE TO PROCEED:

A notice to proceed (NTP) will be issued by the Government for work required under this contract. It is the Government’s intent to issue the first NTP during the normal course of business, soon after contract award. Per 52.211-10, the contractor is required to complete all requirements ready for use no later than 365 days from NTP.

16. AWARD OF OPTIONAL WORK:

If the SCHEDULE I OPTION BID item (CLIN 0004) is to be awarded, it is the intent of the Government to award this item at the time of award.

If the SCHEDULE I OPTION BID item (CLIN 0005) is to be awarded, it is the intent of the Government to award this item at the time of award.

PERIOD OF PERFORMANCE

The SCHEDULE for the base items (CLINS 0001 – 0003) shall begin performance within 20 calendar days from issuance of the NTP and complete all work within 365 days from issuance of NTP.

The Schedule for OPTION ITEMs 0004 and 0005 shall begin upon receipt of a fully executed modification to the contract exercising the item(s) and complete all work within the contract completion time of 365 calendar days from contract NTP.

17. Distribution of Advance Notices and Solicitations.

Information regarding USACEs defeminization of equitable adjustments for change orders under construction contracts can be found by following the weblink, Partnering With Us, https://www.usace.army.mil/Business-With- Us/Partnering/ http://www.projnet.org/projnet https://www.usace.army.mil/Business-With-Us/Partnering/ https://www.usace.army.mil/Business-With-Us/Partnering/

Section 00 22 00 - Supplementary Instructions

52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990

Section 00 45 00 - Representations and Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014 52.204-20 Predecessor of Offeror AUG 2020 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

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

( ) Paragraph (d) applies.

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

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

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

(A) The acquisition is…

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