A.02.01 Solicitation W9123620B5001 Craney Island Sand Reclamation.pdf

W9123620B5001 Craney Island Sand Reclamation Dredging located in Norfolk, Virginia

Please see Section 00 21 00 for RESPONSIBILITY DETERMINATION WITH DEFINITIVE RESPONSIBILITY CRITERIA

The Magnitude of Construction is betw een $1,000,000.00 and $5,000,000.00.

This procurement is 100% set-aside for Small Businesses.

Please note that Bidders must bid on all CLINs for the bid to be deemed responsive.

NAICS code: 237990, Small Business Size Standard $39,5000,000.00.

Contracting POC: Axel Doody 757-201-7712 Axel.F.Doody@usace.army.mil.

X

AXEL F DOODY 757-201-7712

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

31-Jul-2020

(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 _______15 calendar days and complete it w ithin ________380 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 ______________01 Sep 2020 (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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, 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

05:00 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: TEL: FAX:

W9123620B5001 56

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

W9123620B5001

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization/Demobilization

FFP

Mobilization and Demobilization, complete, including all work incidental thereto, as shown on the drawings and specified. Item 0001 excludes items 0002, 0003, 0004 and 0005.

FOB: Destination

PSC CD: Y1KF

NET AMT

0002 500,000 Cubic

Yard

Reclamation Dredging

FFP

Reclamation dredging and placement of dredged material using a hydraulic cutter-head dredge within the North Cell of the Craney Island Dredged Material

Management Area. Dredging area is divided into twelve acceptance sections as described by the plans and specifications. Dredged material shall be discharged overland and behind a constructed containment dike within the Government furnished placement area adjacent to dredging area within the North Cell, as detailed in the plans and specifications. Item 0002 excludes items 0001, 0003, 0004 and 0005.

0003 1 Job Carrier Water Pumping

FFP

Carrier water will be required to provide and/or recirculate water for adequate draft of the dredging vessel and hydraulic transport of dredge material to the placement location. Priority will be given to using water from within CIDMMA but surface water may be taken directly from the Elizabeth River for non-consumptive use only in the case that the water level is not sufficient to maintain operation.

Pumping location in the Elizabeth River is detailed by the plans and specifications.

Item 0003 excludes items 0001, 0002, 0004 and 0005.

0004 21 Each Surveys

FFP

The Contractor shall perform a Before Dredging Survey and an After Dredging

Surveys of each Acceptance Section. The After-Dredging Survey of each upper lift

Acceptance Section will serve as the Before-Dredging Survey of the lift lying immediately below, as applicable and in accordance with Section 35 20 23, paragraph 1.4.4 Acceptance Sections. The Contractor shall also perform After-

Placement surveys of the containment dike to ensure that the dike meets the dimension and location requirements as specified in the plans as detailed in the contract drawings and specifications. A maximum of 21Surveys will be paid by the government, including up to 18 Dredging Surveys and up to 3 Containment Dike

Surveys. Item 0004 excludes items 0001, 0002, 0003 and 0005.

0005 2,300 Linear

Foot

Containment Dike Earthwork

FFP

A “Containment Dike” shall be constructed at the placement site to function as a protective barrier between the placed material and the rest of the North Cell of the

CIDMMA. Work at the borrow site is included in this bid item including excavation, mixing of materials, transport to the containment dike construction area, and maintenance of the dike. All methods, material and labor required to construct this item in accordance with plans and specifications shall be all inclusive and complete. All slopes, grades, and elevations shall be maintained for the duration of the contract. All work and quantities shall be verified and approved by the Contracting Officer's Representative. Item 0005 excludes items 0001, 0002, 0003 and 0004.

TOTAL EVALUATED PRICE

Total Evaluated Price (CLINs 0001-0005): ___________________________________________

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 380 dys. ANP 1 US ARMY CORPS OF ENGINEERS, NORFOLK

REID SCHWARTZ

803 FRONT STREET

NORFOLK VA 23510-1011

(757) 201-7896

W91236

0002 380 dys. ANP 500,000 (SAME AS PREVIOUS LOCATION)

0003 380 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0004 380 dys. ANP 21 (SAME AS PREVIOUS LOCATION)

0005 380 dys. ANP 2,300 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INFORMATION TO BIDDERS

1. PROJECT DESCRIPTION:

The project consists of Reclamation dredging using a hydraulic cutter-head dredge capable of being mobilized and launched within the North Cell of the Craney Island Dredged Material Management Area (CIDMMA). Placement of dredge material shall be discharged over land and behind a constructed containment dike, as detailed in the plans, to allow for natural sorting of the material. The government will be collecting aerial imagery of all placement sites throughout construction using an Unmanned Aerial System (UAS) and preparing volume estimates of placed material. The contractor shall be required to perform water Quality monitoring, testing and reporting every four hours, per the Commander’s Policy. Payment will be made by volume of in-situ material dredged and placed within designated areas, per the plans and specifications. The exact dredging area and pay prism is defined in the plans and specifications. The project will consist of dredging a volume of 500,000 cubic-yards (CY).

The Contractor shall comply with the provisions of EM 385-1-1. If the Contractor is a currently accepted participant in the Dredging Contractors of America (DCA)/United States Army Corps of Engineers (USACE)

Dredging Safety Management Program (DSMP), as determined by the DCA/USACE Joint Committee, and holds a current valid Certificate of Compliance for both the Contractor Program and the Dredge(s) to be used to perform the work under this contract, the Contractor may, in lieu of the submission of an Accident Prevention Plan (APP),

(1) Make available for review, upon request, the Contractor’s current Safety Management

System (SMS) documentation,

(2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

(3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

The full text of EM 385-1-1 can be accessed at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-

1.pdf

2. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than

10 calendar days prior to bid due date, in order that they may be given consideration or actions taken prior to receipt of offers.

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: W9123620B5001

The Bidder Inquiry Key is: Q3Z6WP-GD6WB2 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.projnet.org/projnet

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

3. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, 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 DoD

SAFE, as discussed below, only).

Electronic Bid Submission in DoD SAFE

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND

WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. Eastern Day Time (EDT) on 01 September 2020. Proposals will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). DoD SAFE is the

Government infrastructure utilized to secure bid proposals and IAW FAR 14.202-8, citing FAR 4.5, and as limited by the requirements of the AFARS, 5104.502-90.

All proposals must be uploaded into DoD SAFE infrastructure not earlier than 26 August 2020, and not later than (NLT) 01 September 2020, at 5:00 p.m. Eastern Day Time (EDT). Offerors will require a unique “request code” to upload proposals into DoD SAFE, which must obtained by email only to POC: Axel Doody at

Axel.F.Doody@usace.army.mil, and cc: PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT 26 August 2020, at 5:00 p.m. EDT. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. The OFFEROR IS SOLELY RESPONSIBLE for ensuring that the entire proposal has been received into DoD SAFE with a timestamp NLT 5:00 p.m. EDT on 01

September 2020, utilizing email address Axel.F.Doody@usace.army.mil as the POC email address within the

DoDSAFE upload.

The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. If the bidder needs to re-access DoD SAFE, it will need to re-request another code. If the bidder encounters technical challenges uploading, it may elect to transmit the files via e-mail to the addresses provided in the paragraph above.

The subject line of the email must include: BID – W91236-20-B-50001. The body of the email must not include any procurement sensitive information from the bid to avoid that information being disclosed prior to bid opening.

Bidders are STRONGLY encouraged to avoid waiting until the last minute to attempt to transmit their bids. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on 02 September 2020, at

2:00 p.m. EDT for participating bidders. The teleconference phone number, and access codes will be emailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

mailto:Axel.F.Doody@usace.army.mil mailto:PPMDContracts@usace.army.mil

A copy of the duly executed bid guarantee (signed by principal and surety) must also be included in the attachment labeled “Bid.20B5001_”Bidder Name”.” A physical copy of the bid guarantee in proper form 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 SF 30 acknowledgement of all Amendments.

Bid Bonds

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 Uploading

Offerors are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe

Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies shall be in

Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format.

Electronic files shall be clearly identified for each section and item as detailed in the solicitation. It is the

Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into

DoD SAFE.

Any questions regarding bid submission should be directed to Mr. Axel Doody in ProjNet.

4. BID EVALUATION AND AWARD:

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate offers for award purposes by adding the total price for the basic requirement.

The Government may –

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

5. AWARD TO RESPONSIBLE OFFEROR:

The apparent low bidder will be required to submit project information to establish that it meets the following

Definitive Responsibility Criteria (DRC) within 24 hours of bid opening. Failure to provide the DRC information may result in a negative responsibility determination that will render the bidder ineligible for award. The DRC are specific and objective standards established by an agency as a precondition to award which are designed to measure a prospective contractor’s ability to perform the contract. In order to be found responsible, the apparent low bidder must demonstrate their past experience with defined work criteria. The two criteria are: 1) Earthwork and

Dike/Berm construction and 2) Dredging and Dredged Material Placement.

The following Definitive Responsibility Criteria (DRC) will be used:

1) Earthwork and Dike/Berm construction:

This project requires building a containment berm approximately 2,300 feet long with sandy dredged material to retain placed dredged material within the Craney Island Dredged Material Management Area (CIDMMA). The

CIDMMA consists primarily of un-drained cohesive soil conditions as described in the drawings and specification sections contained in Division 31 EARTHWORK, which will be included with the Solicitation. The Contractor shall demonstrate at least one project completed by the prime contractor, or their submitted earthwork subcontractor, in the past 5 years which involved excavation and building an earthen berm of at least 500 feet upon cohesive soils.

2) Dredging and Dredged Material Placement:

This project requires dredging a wide range of material, from saturated cohesive soils to saturated sandy soils, within the Craney Island Dredged Material Management Area (CIDMMA). Dredging will be accomplished using a hydraulic pipeline and Cutterhead dredge. Dredging depths will reach approximately 20 feet with pumping distances reaching 2500 feet. This work is described in the drawings and specification sections contained in

Division 35 WATERWAY AND MARINE CONSTRUCTION, which will be included with the Solicitation. The

Contractor shall demonstrate at least one project completed by the prime contractor, or their submitted dredging subcontractor, in the past 5 years which involved dredging and dredged material placement where the dredging depths reached a depth of at least 15 feet and pumping distances were at least 2000 feet.

The bidder shall provide the following:

▪ Project number and name of agency or owner for each project provided as experience;

▪ Period of performance of the project;

▪ Brief description of the work completed and of the work completed by the bidder for each criteria;

▪ Bidders may use one or more projects to demonstrate past experience in each criteria. The same project may be used in response to multiple criteria if it meets each DRC’s experience requirements.

If a subcontractor will be used to complete a work component of a bidder’s project experience, the bidder shall provide the following:

▪ Name of the subcontractor;

▪ Project number and name of agency or owner for each project provided as experience;

▪ Period of performance of the project;

▪ Brief description of the work completed;

▪ Subcontractor experience will show successful completion for the time specified in each criteria.

▪ Subcontractor will also submit a fully executed letter of commitment.

To be determined responsible, a bidder must also –

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;

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; and

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

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may 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. The below information will be requested of the apparent low offeror.

This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number.

Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b) Current commitments and expected dates of completion

c) 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).

d) The bidder shall provide the latest three 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.

6. CONSTRUCTION TIME:

For the base contract bid items, begin performance within 15 calendar days and complete all work within 380 calendar days of receipt of Notice to Proceed (NTP).

7. EVIDENCE OF AUTHORITY TO SIGN OFFERS:

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.

8. PREAWARD SAFETY CONFERENCE:

a. 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.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. 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.

9. INCURRING COSTS:

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

10. AGENTS:

Offers 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.

11. UNBALANCED BIDS:

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

12. 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. A copy of the Designation of Authority

13. 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 VA20200001 dated 04/24/2020.

14. REQUIRED INSURANCE:

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

TYPE AMOUNT

Workers Compensation As required by State law

Employer's Liability $100,000 per person

General Liability $500,000 per occurrence

Motor Vehicle Liability

(For each motor vehicle): $200,000 per person

Bodily injury or death $500,000 per occurrence

Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer 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.

15. 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 Reporting 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 into 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.

16. ACCIDENT PREVENTION PLAN:

In accordance with the clause 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.

17. IDENTIFICATION OF CORRESPONDENCE:

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

18. INVOICING

INVOICES SHALL BE SENT TO THE FOLLOWING

U.S. Army Corps of Engineers

ATTN: Reid Schwartz

803 Front Street

Norfolk, VA 23510

Reid.A.Schwartz@usace.army.mil

U.S. Army Engineer District, Norfolk

CENAO-WR-OpsInvoicing@usace.army.mil mailto:Reid.A.Schwartz@usace.army.mil mailto:CENAO-WR-OpsInvoicing@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.214-3 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

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.228-1 Bid Guarantee SEP 1996

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 380 calendar days after Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

(End of clause)

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

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)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

26.6% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Craney Island, Portsmouth, Virginia.

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.

52.233-2 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: Eartha D. Garrett, Contracting Officer

803 Front Street

Norfolk, VA 23510

Eartha.D.Garrett@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.

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

(2) The small business size standard is $39,500,000.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

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

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

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

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

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

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

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

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

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

Products Under Service and Construction Contracts.

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAR 2020) - ALTERNATE I (SEPT 2015)

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

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

https://www.sam.gov/

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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