A.07.23_Solicitation_21B5007_01112021.pdf

W9123621B5007 Craney Island Earthw ork IDIQ SATOC, Portsmouth, Virginia.

Indefinite Delivery Indefinite Quantity (IDIQ) Single Aw ard Task Order Contract (SATOC) , in support of U.S. Army Corps of Engineers, Norfolk District for Craney Island Dredged Materials Management Area (CIDMMA).

The total contract duration is for a three years base periods.

This is 100% SMALL BUSINESS SET ASIDE procurement

NAICS Code 237990- Other Heavy and Civil Engineering Construction (Dredging) is applicable to this procurement

Liquidated Damages w ill be assessed in the amount of $1088.00 per calender day of delay.

*****THIS SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA, SEE SECTION 00 21 00.*****

Contracting POC: Dariya Walker dariya.m.w alker@usace.army.mil Phone: (757) 201 7748

X

DARIYA M WALKER 757-201-7748

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

11-Jan-2021

(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 _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Defined at TO

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 Feb 2021 (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 of fers 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

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:

W9123621B5007 63

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 11 00 - SF 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 17,000,000 Job Craney Island Earthwork 3-Year Contract

FFP

The Contractor shall provide all labor, equipment, materials, travel, supplies and contract deliverables in accordance with the scope of services in support of the Craney Island Earthwork Contract outlined in the attached Construction Cost Schedule. Not to Exceed (NTE) $17,000,000 over the life of the contract.

FOB: Destination

PSC CD: C212

MAX

NET AMT

CONSTRUCTION COST SCHEDULE

CONSTRUCTION COST SCHEDULE

Cost

Schedule Line

Item No.

Construction Activity

Estimated Quantity

Per Contract

Year

NTE

Quantity for

3-Year Contract

Period (use for bidding purposes)

Unit

Unit Price (FFP for

Contract 3- Year Period of Performance)

Subtotal

A B C D E F G D*F=G

0001 Full Mobilization and Demobilization (exclusive of items 0002 to 0014)

1 3 EACH

0002 Partial Demobilizations and Remobilizations (exclusive of items 0001 and 0003 thru 0014)

2 6 EACH

0003 Placement of Fill Material on Dikes Measured by BD/AD Surveys (exclusive of items 0001 to 0002; and 0004 to 0014)

250,000 750,000 CY

0004 Placement of Additional Fill Material (Measured by Truck Loads Volume) (exclusive of items 0001 to 0003; and 0005 to 0014)

40,000 120,000 CY

0005 Gradation Testing at the CI Borrow Areas (exclusive of items 0001 to 0004; and 0006 to 0014)

100 300 EACH

0006 Surveying at CI Dike Raising Areas (exclusive of items 0001 to 0005; and 0007 to 0014)

44,600 133,800 LF

0007 Grubbing and Clearing (exclusive of items 0001 to 0006; and 0008 thru 0014)

40 120

ACRES

0008 Hydroseeding (exclusive of items 0001 to 0007; and 0009 to 0014)

25 75

ACRES

0009 Refurbishment of Shoreline Protection and Erosion Control Structures (exclusive of items 0001 to 0008; and 0010 to 0014)

600 1,800 TONS

0010 Miscellaneous Earthwork Jobs Less than 10,000 CY (exclusive of items 0001 to 0009;

and 0011 to 0014)

7,000 21,000 CY

0011 Miscellaneous Steel Work at Existing Spillbox Structures, Installation of Exterior Metal Plate(s) (exclusive of items 0001 to 0010;

and 0012 to 0014)

280 840 LF

0012 Miscellaneous Steel Work at Existing Spillbox Structures, Installation of Interior Metal Plate(s) (exclusive of items 0001 to 0011;

and 0013 to 0014)

15 45 LF

0013 Replacement of Damaged Corrugated Metal Pipe (exclusive of items 0001 to 0012; and 0014)

200 600 LF

0014 Replacement of Damaged Timber Weir Boards (exclusive of items 0001 to 0013)

20 60 EACH

TOTAL

BID

SUM OF

SUBTOTALS FOR

ROWS (0001

THROUGH 0014)

NOTES:

1. Bidders shall fill out the construction schedule ONLY. The schedule shall be filled out in its entirety to be considered. Only this schedule will be considered for determining the successful bidder based on the lowest bid amount.

2. Bidders shall insert Unit Price in “Unit Price” column for each Cost Schedule Line Item (0001-0014). Unit Price is FFP for entire contract performance (3 years). Bidders shall fill out “Subtotal” column (column G) by multiplying “Unit Price” Column (column F) times “NTE Quantity for 3-Year Contract Period” Column (column D) for each Cost Schedule Line Item (0001-0014).

3. If there is a discrepancy in calculating the extended subtotal or total amounts, the Government will recalculate as follows: a) the extended subtotal by multiplying the NTE Quantity (Column D) by the proposed unit price (Column F). b) The recalculated Subtotal will be used in recalculating the overall bid amount and ultimately the new total will be used for the determination of the apparent successful low bidder.

4. The proposed unit price will become part of the resulting contract and will be applied to all task order cost schedule line items during the 3-year contract period of performance.

5. Awarded Task Order quantities may exceed the estimated line item quantity for a single contract year but shall not exceed the estimated line item quantity total for all three contract years. Each Contract Year as indicated in the Bid Schedule above (i.e. Up to 750,000 CY may be awarded under CLIN 0003 over duration of the contract).

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

INSTRUCTIONS TO BIDDERS

PROJECT DESCRIPTION

The Government will award a single-award task order contract (SATOC) to provide for the site improvements at Craney Island Dredged Material Management Area (CIDMMA). CIDMMA is a confined upland dredged material placement site located in Portsmouth, Virginia adjacent to the Port of Hampton Roads. Work activities will include borrow area preparation for the purpose of dewatering saturated materials for future use, excavation and reclamation of dredged material from prepared borrow area, transport of reclaimed and borrowed materials, and construction of site improvement infrastructure projects with the material. The infrastructure projects on CIDMMA that may be built include, but are not limited to:

1. Construction and maintenance of containment dikes and division dikes to a compaction performance standard with incremental vertical lifts of material.

2. Construction of access roads within containment cells at CIDMMA.

3. Construction of spillway foundation pads.

4. Placement of reclaimed material as overburden for the purpose of consolidation of saturated materials.

5. Excavation and stockpiling of reclaimed material in designated areas.

6. Excavation of saturated dredged material from around and within existing spillways and spillboxes for the purpose of maintenance of spillway components and structures.

7. Excavation and maintenance of spillway effluent discharge pipes, outfalls, and aprons.

8. Installation of riprap for shoreline stabilization and erosion protection purposes.

9. Miscellaneous steel work at Spillbox structures.

Contractor shall be responsible for before and after topographic surveys by acceptance areas. All material for the earthwork site improvements will be government supplied from on-site borrow sources. Total material volume is not expected to exceed 300,000 cubic yards per task order. Construction techniques and equipment must accommodate soft and wet subsurface and fill soil conditions with high susceptibility to rapid and long-term settlements under instantaneous and sustained loading conditions.

The contract will include a base 36 months ordering period (Base Year with Out Year 1 and Out Year 2). The contract will have a total ordering capacity of not to exceed $17 million. The Government anticipates that it will issue a request for price proposal for the first task order immediately after the base SATOC contract is awarded. For each task order that the Government anticipates issuing, the Contractor shall begin performance within 15 calendar days of receipt of Notice to Proceed (NTP). Period of performance for each task order will be variable based on scope of work issued within each task order.

THIS PROJECT IS A TOTAL SMALL BUSINESS SEALED BID WITH DEFINITIVE RESPONSIBLITLITY

CRITERIA.

PROJNET BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 10 calender days before the 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: W9123621B5007

The Bidder Inquiry Key is: 8KQG7U-CS9BPD

The Bidder Inquiry System will be unavailable for new inquires 10 days prior to bid opening 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.

BID EVALUATION

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 subtotal amounts of each construction activity listed in the construction cost schedule.

AWARD TO RESPONSIBLE OFFEROR

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;

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

DEFINITIVE RESPONSIBILITY CRITERIA (DRC)

This contract will contain a Definitive Responsibility Criteria, or DRC. Definitive Responsibility Criteria are specific and objective standards established to inform the Contracting Officer’s responsibility in accordance with FAR 9.104-2. These criteria are in addition to the criteria in FAR 9.104-1 and allow the Contracting Officer to assess whether the apparent low bidder can demonstrate the expertise and specialized capabilities needed for adequate contract performance. The apparent successful bidder shall submit prior construction experience to demonstrate it possesses the specialized experience to perform the requirements if awarded the contract. The inability of a contractor otherwise eligible for award to demonstrate minimally acceptable experience as measured by the DRC may result in the Contracting Officer determining the contractor is not responsible.

The apparent successful bidder shall be required to submit sufficient documentation to the Contracting Officer to enable an affirmative determination of responsibility with respect to the general standards of responsibility.

Submission Requirements.

The submission responding to the DRC must be provided in the form of a written detailed narrative, with a page limitation that shall not exceed three (3) pages for each listed DRC. A submission will only be required from the apparent low bidder and must be submitted within three business days of the bid opening.

The written narrative for each DRC listed below must demonstrate a bidder’s successful completion of the specified project experience within the past five (5) years of the date of this solicitation. The same project may be used in response to multiple criteria if it meets each DRC’s experience requirements.

The Definitive Responsibility Criteria is provided as follows:

1) Earthwork and Dike/Berm construction:

This project requires construction and maintenance of containment dikes to retain placed dredged material within the Craney Island Dredged Material Management Area (CIDMMA). The CIDMMA consists primarily of undrained cohesive soil conditions as described in the drawings and specification sections contained in Division 31 Earthwork and Division 35 Waterway and Marine Construction, which will be included with the Solicitation. The Contractor shall demonstrate at least one project completed in the past 5 years which involved excavation and building an earthen berm or structure upon weak cohesive soils (soils with undrained shear strength of 300 psf or less) and installation of metal storm drain pipes to a minimum depth of 10 feet in variable soil conditions.

2) Placement of VDOT Class II riprap for shoreline stabilization and erosion protection consistent with the scope of work described in the drawings and specifications sections contained in Division 35 Waterway and Marine Construction, which will be included with the Solicitation. Contractor shall demonstrate experience of at least one completed project in the past five years that meets these criteria.

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 criterion;

▪ Bidders may use one or more projects to demonstrate past experience in each criterion. 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 criterion.

A fully executed letter of commitment signed by both prime and the subcontractor shall be submitted. The commitment letter shall clearly identify the expected relationship, role and responsibility of the subcontractor (e.g., type and proportion of work to be performed) and shall be signed by the appropriate individual(s).

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 bidder.

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.

b) Current commitments and expected dates of completion.

c) Signed BID by letter to include SF1442 and SF 30 acknowledgement of Amendments.

d) 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).

f) 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.

EVIDENCE OF AUTHORITY TO SIGN

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.

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.

INCURRING COSTS

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

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.

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.

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 letter will be furnished to the contractor at time of contract award.

ELECTRONIC SUBMISSION

1. 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. EST on February 11, 2021. 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 February 1, 2021, and not later than (NLT) February 11, 2021, at 5:00 p.m. EST. Offerors will require a unique “request code” to upload proposals into DoD SAFE, which must obtained by email only to POC: Dariya M Walker at dariya.m.walker@usace.army.mil cc:

PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT February 11, 2021, at 1:00 p.m. EST. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

The Government will not be responsible for bids delivered to any location or to anyone other than those designated to receive bids on its behalf. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient of bids. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on February 12, 2021, at 2:00 p.m. EST 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.

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.21B5007 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 SF 30 acknowledgement of all Amendments.

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.

The minimum Guarantee The minimum guarantee for this contract is $10,000.00. It is anticipated that the minimum guarantee shall be met with the award of the first Task Order.

Any questions regarding bid submission should be directed to Dariya M Walker via ProjNet

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-MAR-2021 TO

30-MAR-2024

N/A US ARMY CORPS OF ENGINEERS,

NORFOLK

PHILIP ABBOTT P.E

803 FRONT STREET

NORFOLK VA 23510-1011

(757) 201-7053 FOB: Destination

W26GLG

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-3 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 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 90 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.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause--

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

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

27.1% 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 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.

52.228-1 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 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 percent of the bid price or $3,000,000, 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: 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 & Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-2 Equal Low Bids OCT 1995 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

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

JUN 2020

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…