A21_W912P821B0029.pdf

Ed 12-012

W912P8-21-B-0029

US Army Corps of Engineers

New Orleans District

Flood Control, Amite River And Tributaries, Louisiana, Comite River Basin, Comite River Diversion Project

Lilly Bayou Control Structure, Sloped Flume Repairs

East Baton Rouge Parish, Louisiana

Construction Solicitation and Specifications

December 2020

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118-3651

REPLY TO

ATTENTION OF

Contracting Division Projects West Branch

ATTENTIONBIDDERS

In preparing your bid -----

1. Have you signed the bid? Are all blank spaces filled in?

2. If signing on behalf of your company and not an offer thereof, have you attached evidence of your authority to sign the bid?

3. Have you acknowledged receipt of all amendments?

4. Have you checked your bid for possible errors? Arithmetically?

5. Have you furnished all information required by the invitation for bids or the specifications?

6. Are you submitting your bid on time?

7. If required by the solicitation, have you submitted a bid bond? Is it signed? Is it in the proper amount?

8. NOTE TO BIDDERS: Due to the response for COVID-19, most federal employees have been mandated to telework, and currently only authorized personnel are allowed access to the District buildings throughout USACE.

As a result, we have implemented the below procedures for all current and future bid openings, until such restrictions have been lifted and normal access has resumed at the MVN HQ Building.

9. Electronic Submission of Bids:

MVN will utilize the DoD Safe website for receipt of electronic bids under IFB Solicitations. In order to submit an electronic bid please follow these steps:

a. Send an email containing your name and email address to the Contracting Officer and Contract

Specialist associated with the IFB:

Contracting Officer – Mr. Christopher Nuccio, email: christopher.nuccio@usace.army.mil Contract Specialist – Ms. Dorothy Pitre, email: dorothy.j.pitre@usace.army.mil

b. The Contracting Officer or Contract Specialist will go to the DoD Safe site, input your name and email address, and then will request the file from you. You will then receive an automated email from the site with a unique link in the email.

c. Once the email with the link is received, please click on the link in the email, which will take you to the

DoD Safe site.

d. This will be a unique webpage where you can upload your file. The default page will load with the box checked off next to, “Send me an email when each recipient picks up the files”. Please leave this box checked in order to receive a notification when the file is received from the Contracting Officer or Contract Specialist. Please leave unchecked, “Encrypt every file”. The site itself contains a high level of security in which additional encryption is not required.

e. When you are ready to upload your bid file (please use pdf format for bid submission), you can either click the blue button which says, “Click to Add Files or Drag Them Here” to locate the file on your computer, or simply drag the file onto the screen.

f. In the Description box that appears after uploading your file, please type your Company Name.

g. Click the button that appears at the bottom of the page, “Drop-off Files”. A banner will pop-up asking for confirmation that your upload does not contain Classified Information. Click ok on the banner.

h. You will be taken to a confirmation page that should say, “Drop-Off Completed” at the top. This is your confirmation that your file was successfully uploaded to the site.

i. The Contracting Officer and Contract Specialist will receive an automated email stating that the file has been submitted. They will then send an email back to the company, confirming that they received the notice from the DoD Safe site.

j. The actual time of the bid opening along with the call-in information to attend the bid opening will be established in an amendment. It is anticipated to be on or about 01 December 2020, and time will be as stated in the forthcoming amendment. The Contract Specialist will begin downloading bids prior to the scheduled bid opening time, which is undetermined. All bids received after the bid opening date/time established in the amendment will be considered late.

k. Following the conclusion of the bid opening, the Bid Abstract will be uploaded to Beta.SAM website under this solicitation, within 24-48 hours.

l. Bid Bonds (Offer Guarantee) should be submitted electronically with the Bid Package as per the scheduled Bid Opening on the Amendment.

m. Bidders are to ensure that the Original Certified Payment & Performance Bonds are electronically provided in accordance with Block 12b of the SF1442 and subsequently mail the originals to the address provided in Block 7 of the SF 1442.

n. For any questions please contact:

Contract Specialist – Ms. Dorothy Pitre, email: dorothyj.pitre@usace.army.mil

Phone: 504-862-2466

INQUIRIES REGARDING THIS SOLICITATION SHOULD BE MADE TO

THE FOLLOWING:

DOROTHY PITRE

EMAIL:

DOROTHY.J.PITRE@USACE.ARMY.MIL

TELEPHONE: 504-862-2466

COLLECT CALLS NOT ACCEPTED

FOR THE MOST PROMPT RESPONSE, SEND ALL QUESTIONS VIA

EMAIL. ALL QUESTIONS MUST CONTAIN THE SOLICITATION

NUMBER IN THE SUBJECT LINE.

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

Ed 12-012

SOLICITATION: W912P821B0029 12 January 2021

FOR: Flood Control, Amite River And Tributaries, Louisiana, Comite River Basin, Comite River Diversion Project, Lilly Bayou Control Structure, Sloped Flume Repairs, East Baton Rouge Parish, Louisiana

TO OPEN: 11:00am local time, 15 February 2021 via teleconference. See solicitation and amendments for details.

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. You will be required to provide your company’s Dun and Bradstreet (D&B) D-U-N-S number. If you do not already have a D&B D-U-N-S number, one can be requested at http://fedgov.dnb.com/webform.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of unwatering and cleaning the structure, maintaining unwatering for duration of work, epoxy injection of approximately 12 inch deep delamination in the entire flume surface, epoxy injection of deep voids, performing ground penetrating radar (GPR) and coring for verification of epoxy injection and other incidental work.

CAUTION TO BIDDERS: :***VIRTUAL BID OPENING, please read and adhere to all special instruction and dial-in information contained in future amendments.

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912P821B0029

U.S. Army Corps of Engineers, New Orleans District 7400 Leake Avenue New Orleans, LA 70118-3651 Attn: Christopher Nuccio, Contracting Officer

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Flood Control, Amite River and Tributaries, LA, Comite River Basin, Comite River Diversion Project, Lilly Bayou Control Structures, Sloped Flume Repairs, East Baton Rouge, LA

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of unwatering and cleaning the structure,maintaining unwatering for duration of work, epoxy injection of approximately 12 inch deep delamination in the entire flume surface, epoxy injection of deep voids, performing ground penetrating radar (GPR) and coring for verification of epoxy injection and other incidental work. (The estimated time of completion is 407 calendar days after receipt of Notice to Proceed. The solicitation will include 39 drawings and specifications).

The estimated magnitude is between $1,000,000.00 and $5,000,000.00.

The procurement is being set-aside 100% for HUBZone firms.

The solicitation closing date is 15 February 2021, at 11:00AM local. This will be a virtual bid opening. Bid opening call-in details will be provided via Amendment.

See Item #7

Dorothy Pitre (504) 862-2466

ED 12-012

01/12/2021

02/15/2021

11:00am

FAR 52.211-10

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

US Army Corps of Engineers New Orleans Area Office 7400 Leake avenue, New Orleans, LA 70118

USACE Finance Center 5720 Integrity Drive Millington, TN 38054-5005

PTC-i Ed 12-012

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00010 00100 00600 00700 00800

Bidding Schedule Instructions to Bidders Representations and Certifications Contract Clauses Special Contract Requirements and Wage Determinations

DIVISION 01 - GENERAL REQUIREMENTS

01100 General Provisions 01 32 17.00 20 Network Analysis Schedules (NAS) 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.00 12 Environmental Protection 01 78 02.00 10 Closeout Submittals

DIVISION 02 – EXISTING CONDITIONS

02 25 16.16 Ground Penetrating Radar

DIVISION 03 - CONCRETE

03 64 23.10 Epoxy Injection

DIVISION 31 - EARTHWORK

31 11 40.00 12 Unwatering And Pressure Cleaning

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19.04 12 Herbicide Application

00010-3 Ed 12-012

SECTION 00010 – BIDDING SCHEDULE

Flood Control, Amite River and Tributaries, Louisiana, Comite River Basin

Comite River Diversion Project, Lilly Bayou Control Structure, Sloped Flume Repairs, East Baton Rouge Parish, Louisiana

Item DESCRIPTION Estimated Quantity Unit Unit Price Estimated Amount

0001 Mobilization and Demobilization 1 JOB

0002 Video and Photographic Documentation 1 JOB

0003 Ground Penetrating Radar 1 JOB

0004 Epoxy Injection 1 JOB

0005 Unwatering 1 JOB

0006 Pressure Cleaning 1 JOB

0007 Herbicide Application 1 JOB

TOTAL: $

**The unit "JOB" as used in this Bidding Schedule is synonymous with the term "Lump Sum" used elsewhere within these plans and specifications.

Award will be made as a whole to one bidder.

NOTE 1: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2, Rejection of Individual Bids).

NOTE 2: THE NOTICE TO PROCEED (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF 1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative. Physical work cannot start until the Accident Prevention Program, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

BID BOND

(See instructions on reverse)

OMB Control Number: 9000-0045 Expiration Date: 8/31/2019

PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION ("X" one)

STATE OF INCORPORATION

SURETY(IES) (Name and business address)

PERCENT

OF BID

PRICE

PENAL SUM OF BOND

AMOUNT NOT TO EXCEED

MILLION(S) THOUSAND(S) HUNDRED(S) CENTS

BID IDENTIFICATION

BID DATE INVITATION NUMBER

PRINCIPAL

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1. 2.

2.

3.

3.

(Seal) (Seal) (Seal) Corporate Seal

INDIVIDUAL SURETY(IES)

SIGNATURE(S)

NAME(S)

(Typed)

1.

1.

2.

2.

(Seal) (Seal)

CORPORATE SURETY(IES)

SU

R

ET

Y

A

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is NOT usable

STANDARD FORM 24 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.228(a)

FOR (Construction, Supplies or Services)

OBLIGATION:

We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum.

CONDITIONS:

The Principal has submitted the bid identified above.

THEREFORE:

The above obligation is void if the Principal - (a) upon acceptance by the Government of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the work which exceeds the amount of the bid.

Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Government.

Notice to the surety(ies) of extension(s) is waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.

WITNESS:

The Principal and Surety(ies) executed this bid bond and affixed their seals on the above date.

DATE BOND EXECUTED (Must not be later than bid opening date)

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 USC § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget (OMB) control number. The OMB control number for this collection is 9000-0045. We estimate that it will take 1 hour to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate, including suggestions for reducing this burden, or any other aspects of this collection of information to: General Services Administration, Regulatory Secretariat Division (M1V1CB), 1800 F Street, NW, Washington, DC 20405.

JOINT VENTURE

OTHER (Specify)

PARTNERSHIPINDIVIDUAL

CORPORATION

INSTRUCTIONS

1. This form is authorized for use when a bid guaranty is required. Any deviation from this form will require the written approval of the Administrator of General Services.

2. Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney-in-fact) must furnish evidence of authority if that representative is not a member of the firm, partnership, or joint venture, or an officer of the corporation involved.

3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e.g., 20% of the bid price but the amount not to exceed dollars).

4. (a) Corporations executing the bond as sureties must appear on the Department of the Treasury's list of approved sureties and must act within the limitations listed therein. The value put into the LIABILITY LIMIT block is the penal sum (i.e., the face value) of the bond, unless a co-surety arrangement is proposed.

(b) When multiple corporate sureties are involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES)." In the space designated "SURETY(IES)" on the face of the form, insert only the letter identifier corresponding to each of the sureties. Moreover, when co-surety arrangements exist, the parties may allocate their respective limitations of liability under the bond, provided that the sum total of their liability equals 100% of the bond penal sum.

(c) When individual sureties are involved, a completed Affidavit of Individual Surety (Standard Form 28) for each individual surety, shall accompany the bond.

The Government may require the surety to furnish additional substantiating information concerning its financial capability.

5. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal"; and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals.

6. Type the name and title of each person signing this bond in the space provided.

7. In its application to negotiated contracts, the terms "bid" and "bidder" shall include "proposal" and "offeror."

SU

R

ET

Y

B

NAME &

ADDRESS

STATE OF INCORPORATION LIABILITY LIMIT ($)

SIGNATURE(S)

NAME(S) &

TITLE(S)

(Typed)

1.

1.

2.

2. Corporate Seal

Corporate Seal

LIABILITY LIMIT ($)STATE OF INCORPORATION

2.

2.

1.

1.NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

C

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

D

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

E

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

F

Corporate Seal

LIABILITY LIMIT ($)

2.

2.

STATE OF INCORPORATION

1.

1.

NAME(S) &

TITLE(S)

(Typed)

SIGNATURE(S)

NAME &

ADDRESS

SU

R

ET

Y

G

STANDARD FORM 24 (REV. 8/2016) BACK

(a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) Discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump-sum and extended prices will be corrected.

(b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

(End of statement)

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)

52.222-5 CONSTRUCTION WAGE RA TE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(l) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defmed in paragraph (a)(l)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b )(I) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage deterinination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-23 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 Affrrmative 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 artici ation for each trade

20%- 23%

Goals for female

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 affrrmative 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 IO 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 East Baton Rouge Parish, LA

Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fins.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

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 ofreceipt from

U.S. Army Corps of Engineers, New Orleans District ATTN: CEMVN-CT-W. Christopher M. Nuccio, Contracting Officer

7 400 LEAKE AVE

NEW ORLEANS, LA 70118-3651

(b) The copy of any protest shall be received

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

(End of provision)

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

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

(b) Only one site visit will be conducted for this requirement. The site visit will be conducted on 20 January 2021 at 11:00am (CST) on Hwy 61 at the entrance to the Lilly Bayou structure. There are a lot of ongoing construction in the area, and it may present a problem entering the site. Please contact the Government POC.

Government point of contact for the site visit is Glenn Gremillion. He can be reached at (504) 862-1873 or Glenn.M.Gremillion@usace.army.mil

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/ http://www.acq.osd.mil/dpap/

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any FAR, DF ARS,AFARS,UAI provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation.

(End of provision) owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all fmdings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such fmdings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the fmding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

( d) Do not submit an offer unless--

( 1) A certification is provided in paragraph (b)(l) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(l) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm, fixed-price contract resulting from this solicitation.

Section 00800 - Special Contract Requirements

CLAUSES UAI

MISCELLANEOUS CLAUSES AND UAIs

1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(FAR 52.211-10 - APR 1984)

The Contractor shall be required to

(a) Commence work under this contract within 10 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 400 calendar days after the date of receipt by him of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

NOTE: The Contractor is advised that the time allowed for completion of the work (407 calendar days) reflects the Government's best estimate of the shortest reasonable performance period. The Contractor shall be obligated to make any and all arrangements necessary (multiple crews, overtime, concurrent operations, etc.) to complete the work within the available time period – such arrangements shall not constitute grounds for an equitable adjustment.

2. LIQUIDATED DAMAGES - CONSTRUCTION (FAR 52.211-12 – SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,145 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

3. CONTRACT DRAWINGS AND SPECIFICATIONS (DFARS 252.236-7001 – AUG

2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general --

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Number Drawing No’s Title File Number Drawing No’s

Flood Control, Amite River And Tributaries,Louisiana, Comite River Diversion Project, Lilly Bayou Control Structure, Sloped Flum Repairs, East Baton Rouge Parish, Louisiana Reference Drawings

H-4-47585

G-001 thru G-003;

C-001 thru C-009;

R-001 thru R-027

NOTE: PLAN DRAWING SIGNATURES: The plan drawings accompanying this solicitation have been submitted and approved by the individuals shown in the title blocks on the plans. The actual signatures of the individuals shown on the plans are on file and are available for inspection at U.S. Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, 7400 Leake Avenue, New Orleans, LA 70118-3651, and access thereto may be had upon request.

4. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR

95) -- UAI 5152.231-9000.

(a) This clause does not apply to terminations. See UAI 5152.249-5000, Basis For Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition, owned or controlled and furnished by a Contractor or Subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region III.

Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(2) (ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the simplified acquisition threshold (SAT), the Contracting Officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(End of Clause)

NOTE1: Costs for repairs or overhauling are not allowed.

NOTE 2: A copy of the “EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE” for Region III can be obtained from the following website:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_11 10-1-8_Vol_03.pdf?ver=2017-05-15-131043-527

5. PHYSICAL DATA (FAR 52.236-4 - APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and borings. Field notes, graphic boring logs, field and laboratory test results, and other data on which this information is based are available at U.S.

Army Engineer District, New Orleans, Corps of Engineers, Attn: CEMVN-ED, 7400 Leake Avenue, New Orleans, LA 70118-3651, and access thereto may be had upon request.

(b) Weather Conditions. Data on weather conditions may be obtained from the National Weather Service.

(c) Transportation to the Facilities. Access to the construction site shall be via public roads to the McHugh Road Bridge project site (see Sheet Identification No. C-121). The Contractor shall use land routes to access the Contractor’s jobsite offices. Construction equipment and material deliveries shall be made from LA 64 (Main Street) to McHugh on the North side of the project in the City of Zachary and from Baker Blvd or Bentley Dr. to McHugh Road on the South side of the project in the City of Baker. The access route from the South side of the project includes a 10 ton / 15 ton load limited bridge over White Bayou. The Contractor may use this route at their own risk.

(d) The Contractor is responsible for keeping streets free of mud, tracking, spillage and/or other surface pollution from his/her equipment and operations. Contractor shall take whatever means required (i.e., street cleaners, manual labor, water trucks with sprayers) as often as needed to maintain clean streets near the work site. All debris resulting from street cleaning operations shall be hauled off-site and disposed of properly.

(e) Estimates of quantities involved in certain items of work for which bids are being solicited on a job basis have been made for the use of the Government. Copies of these quantity estimates may be viewed/obtained by contacting the Contract Specialist for this contract, same address as stated in subparagraph (a) above. It is expressly understood that the accuracy of these estimates is in no way warranted and that the furnishing of this information to a bidder will not relieve him of his responsibility to estimate the quantities involved.

6. LAYOUT OF WORK (FAR 52.236-17 - APR 1984)

The Contractor shall lay out its work from Government-established base lines and benchmarks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

7. QUANTITY SURVEYS (FAR 52.236-16 - APR 1984)

(a) Quantity surveys will be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

(b) The Government shall conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for any periods for which progress payments are requested and shall make the computations based on these surveys. All surveys conducted by the Contractor shall be conducted under the direction of a representative of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

(c) Promptly upon completing a survey, the Contractor shall furnish the originals of all field notes and all other records relating to the survey or to the layout of the work to the Contracting Officer, who shall use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of all such material furnished to the Contracting Officer.

8. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DFARS 252.236-

7004 - DEC 1991)

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent (60%) of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent (40%) upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in paragraphs (a)(1) and (a)(2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of-

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization; and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

9. SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15 - APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

End of Clause

NOTE: See Section 01 32 17.00 20 “NETWORK ANALYSIS SCHEDULES (NAS)” for additional construction schedule requirements.

"General Decision Number: LA20200002 12/04/2020

Superseded General Decision Number: LA20190002

State: Louisiana

Construction Type: Heavy

Counties: Acadia, Ascension, Bossier, Caddo, Calcasieu, East

Baton Rouge, Lafayette, Lafourche, Livingston, Ouachita, Rapides, St Landry, St Martin, Terrebonne, Webster and West

Baton Rouge Counties in Louisiana.

HEAVY CONSTRUCTION PROJECTS (includes flood control, water & sewer lines, and water wells; excludes elevated storage tanks, industrial construction-chemical processing, power plants, and refineries)

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year

2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the…