A21 - W912PM23Q0032.pdf

THIS SOLICITATION IS A REQUEST FOR A QUOTE UNDER FAR PART 13 - SIMPLIFIED ACQUISITION PROCEDURES

SOLICITATION W912PM23Q0032 - REPAIR OF THE CONCRETE GROIN DITCHES B. EVERETT JORDAN LAKE, MONCURE, NC

The Magnitude of Construction for this project is less than $25,000.00.

------------THIS IS A 100% SMALL BUSINESS SET ASIDE---------------

AWARD WILL BE MADE TO THE LOWEST PRICED, TECHNICALLY ACCEPATABLE OFFER.

NOTICE: SECTION 45 00 - PROVISION 52-204-8 - ANNUAL REPRESENTATION AND CERTIFICATION - RETURN WITH QUOTE. REQUEST FOR

INFORMATION OR ANY QUESTIONS WILL BE ACCEPTED VIA EMAIL ONLY: TROY.D.SMALL@USACE.ARMY.MIL AND JENIFER.M.GARLAND@USACE.ARMY.MIL

ALL REQUESTS FOR INFORMATIONOR QUESTIONS MUST BE SUBMITTED BY July 28 2023, AT 12:00 PM, EST. REQUESTS FOR INFORMATION

OR QUESTIONS WILL NOT BE ACCEPTED AFTER 12:00 PM EST. QUOTES ARE DUE BY 2:00 PM, EST, 11 August, 2023. SUBMIT YOUR

QUOTES ELECTRONICALLY TO: TROY.D.SMALL@USACE.ARMY.MIL AND JENIFER.M.GARLAND@USACE.ARMY.MIL.

JENIFER M GARLAND 910-251-4134

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

14-Jul-2023

(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

X

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 _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________PWS

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 Aug 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

CONTRACTING - WILMINGTON DISTRICT

69 DARLINGTON AVENUE

WILMINGTON NC 28403

W912PM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W912PM23Q0032 50

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

W912PM23Q0032

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job BEJ Concrete Ditch Rehab Repairs -FFP

BEJ Concrete Ditch Rehab Repairs in accordance with the Performance Work

Statement

FOB: Destination

PSC CD: Z2EZ

NET AMT

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

REPAIR OF THE CONCRETE GROIN DITCHES

B. EVERETT JORDAN LAKE, MONCURE, NC

1. GENERAL

1.1 SCOPE OF WORK

The work to be performed under this contract consists of repairing the concrete groin ditches at B. Everett Jordan

Dam in Moncure, NC. The repairs of the concrete groin ditches consist of filling in the voids underneath and around the concrete groins with Controlled Low Strength Material (CLSM), repairing cracks and pot holes in the ditches with either CLSM or an approved mortar mix, and sealing the joints with an approved flexible joint sealant. Per the

American Concrete Institute (ACI), Controlled Low Strength Material (CLSM), sometimes referred to as flowable fill, is a self-compacted, non-shrink, cementitious material that is used as backfill in lieu of a compacted fill.

The Contractor shall provide all labor, equipment, supplies, and transportation required to repair the concrete groin ditches.

1.2 LOCATION

Work associated with this contract will be performed at B. Everett Jordan Dam in Moncure, NC. The visitor

Assistance Center for the Dam is located at 2080 Jordan Dam Road, Moncure, NC. A map showing the general location the concrete groins is attached to the PWS.

1.3 PERIOD OF PERFORMANCE

The contract period of performance will be 3 months after the contract has been awarded.

1.4 PREVIOUS EXPERIENCE REQUIREMENT

Contractors who submit a quote package will be required to provide examples of recent and relevant previous work experience with the types of work described in this Performance Work Statement (PWS). If a Contractor providing the submitting quote will ultimately accomplish the requirements of this PWS using a Sub-

Contractor, they shall provide examples of recent and relevant previous work experience completed by that

Sub-Contractor.

Work experience that is recent are defined as those that have been completed within the last five (5) years.

Work experience that is relevant is defined as types of work that are similar to the requirements of this PWS.

Work involving placing CLSM to fill voids or old utilities will be considered relevant.

Previous work experience includes work performed with Federal, State, local or private companies.

Government contracts are preferred but not required.

A minimum of two (2) contracts/projects shall be provided to meet the minimum requirement for prior work experience. Information on each contract/project shall include the following: contract number, title of project, detailed description of work performed, and a Point of Contact with an email address. Please do not submit more than five (5) contracts/projects.

Any Offeror’s submitted quote package in response to this request for quote (RFQ) which uses a Sub-

Contractor to complete the requirements of this PWS shall include the previous work experience of the Sub-

Contractor. That Sub-Contractor shall be the one to fulfill the requirements of any resulting award from this

RFQ. During the performance period and for the duration of any resulting award, if circumstances arise in which the Contractor has a need or wishes to replace the Sub-Contractor at any point during the duration of this contract, the Contracting Officer approval must be requested and received prior to any Sub-Contractor changes.

The Contractor shall notify the KO of their intent and submit the replacement Sub-Contractor’s information for

KO review and approval.

1.5 DEFINITIONS

As used throughout this description / specification, the following terms will have the meaning set forth below:

a. CONTRACTOR - The “Contractor” is the individual whose bid was accepted by the U.S. Army Corps of

Engineers and who has gained the responsibility of performing the duties governed by the specifications of this contract. The Contractor shall be responsible for ensuring that all subcontractors comply with the provisions of this contract.

b. SUB-CONTRACTOR – One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

c. CONTRACTOR REPRESENTATIVE - A foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract. The individual will be able to speak and understand English fluently.

d. CONTRACTING OFFICER (CO/KO) - The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer of civilian employee who is properly designated

Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

e. CONTRACTING OFFICER’S REPRESENTATIVE (COR) - An individual designated in writing by the

Contracting Officer, responsible for inspecting the Contractor’s work, notifying the contractor of deficiencies observed, and directing appropriate action to correct deficiencies. The Government performs acceptance for the Government of services performed under this contract.

f. DEFICIENCY / DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

g. KEY PERSONNEL AND/OR SUB-CONTRACTOR – Contractor or Sub-Contractor personnel that are submitted as part of the Contractor’s RFQ’s quote submission, evaluated as part of the Contractor’s quote during pre-award evaluation and review process and that shall be required to be used during the entire performance period of all services as contained in the PWS. When key personnel and/or Sub-Contractors are used as an evaluation factor, an Offer can be rejected if it does not have a firm commitment from the key personnel and/or Sub-Contractors that are specifically contained in the quote.

h. QUALITY CONTROL - The term “Quality Control” refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to insure they meet the specifications and requirements of this contract.

i. QUALITY CONTROL PLAN (QC) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

j. QUALITY ASSURANCE - The term “Quality Assurance” refers to action taken by the Government to ensure the Contractor’s quality control system is functioning and effective and that the Contractor is providing services which are in accordance with the contract.

k. PERFORMANCE REQUIREMENTS SUMMARY (PRS) – Contains the Contractor service requirements and are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

1.6 SAFETY

All equipment used and work performed shall be in accordance with safety requirements set forth in the U.S. Army

Corps of Engineers Manual EM 385-1-1 entitled Safety and Health Requirements Manual, current edition, which is available by downloading from:

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

All contractor operations shall be in compliance with this manual, and all other applicable federal and state laws.

Corps inspectors have the authority to stop work due to safety violations.

The following reference paragraphs from the safety manual are applicable to landscape operations, but may not be all-inclusive:

a. Use high visibility work vests when working on or near roadways, or near heavy equipment. High visibility apparel shall comply with ANSI/ISEA 107, Class 2 requirements. sec. 5.F.01.

b. Use approved safety containers for gasoline, sec. 9.B.08 through sec. 9.B.19

c. Equipment, including weed eaters, chainsaws, pruning equipment and any other equipment shall not be operated without guards and safety devices in place as recommended by the manufacturer.

d. The minimum clothing worn shall be short sleeve shirts and long pants (The wearing of shorts is not approved), and leather or other protective work shoes or boots for this contract. sec 5.A.06.

e. Use safety shoes at all times. sec. 5.A.0

f. When using equipment, including chainsaws, weed eaters, pruning equipment, etc., use eye/face/hearing protection devices, sec. 5. All eye and face protection equipment shall meet the requirements of ANSI

Z87.1 and bear a legible and permanent “Z87” logo to indicate compliance with the standard. sec .5.B.01.

g. Hearing protection shall meet the requirements of ANSI S3.19. Hearing protection shall be worn by all involved the use of gas powered equipment.

h. All vehicles and equipment trailers shall have working brake lights, turn signal lights, and emergency flashers. Emergency flashers shall be used whenever vehicles and/or equipment trailers are parked on roadways or road shoulders.

i. No person shall be required or instructed to work in surroundings or under conditions that are unsafe or dangerous to his or her health.

j. The employer shall be responsible for maintaining a safety program that complies with all Federal and

State safety standards and the requirements specified herein.

1.7.1 ACCIDENT PREVENTION PROGRAM

Within fifteen (15) calendar days of award, the Contractor shall submit an Abbreviated Accident Prevention Plan

(APP) in accordance with Section 1, Para. 01. A.07 and Appendix A, EM 385-1-1, current version. Interim approval of this plan shall be obtained before starting work. EM 385-1-1 is periodically updated, and the Contractor shall comply with all updates. The APP shall interface with the Contractor’s overall safety and health program, and the

Contractor shall include any portions referenced in the APP in the applicable APP element and made site specific.

The Government considers the Prime Contractor to be the “controlling authority” for all work site safety and health of the subcontractors.

The Contractor shall maintain an accurate record of and will report to the Contracting Officer in the manner and on http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment incident to work performed under this contract. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

Contractors shall be responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

1.7.2 EQUIPMENT SAFETY

All equipment or materials found not to be in compliance with the requirements of EM 385-1-1 shall be removed from Government property immediately.

1.8 NORMAL WORKING HOURS

Normal working hours for the contractor shall be Monday through Friday (0730-1630), unless otherwise specified, or as specifically approved in advance by the COR. No work on site other than specified will be permitted without specific approval by the COR.

1.9 CERTIFICATIONS, PERMITS AND LICENSES

The Contractor shall, at his own expense, obtain any licenses or permits, including but not limited to a Commercial

Driver’s License. The Contractor shall comply with all current Federal, State and local laws and regulations.

1.10 VEHICLES

All vehicles utilized under this contract shall be presentable, serviceable and shall comply with all applicable

Federal and State motor vehicle regulations. All vehicles utilized under this contract must meet all safety requirements set forth in EM 385-1-1. All Contractor vehicles shall be identified with the company name or logo, type of business and address conspicuously displayed on the door panels.

1.11 DAMAGE RESPONSIBILITY

The Contractor shall be responsible for any damage to Government or private property, facilities, structures or landscape features occurring as a result of his operation. The Contractor shall be required to satisfactorily rectify notices of damage from the public and to protect the Government from claims resulting from damage caused by his activities and make immediate notification to the Government concerning said damage or injury to any person. In instances where contract employees damage government property and/or equipment, verbal notification shall be made by the next workday. A full written report of the incident and extent of such damage shall be submitted to the

Government within 2 working days (less weekends and holidays).

1.12 COMMENCEMENT OF WORK

The Contractor or their representative shall attend a pre-work meeting prior to commencement of work. The

Contractor shall obtain all maps and instructions from the Government necessary to accomplish the work. The contractor shall become familiar with the nature and location of the work by inspection of the site; noting the local conditions, security, safety, equipment and facilities required for the work, and all other factors which may affect the work or costs to perform the work. Any failure by the Contractor to review all available information concerning these conditions will not relieve them from the responsibility for estimating the difficulty or cost of successfully performing the work. It shall be the responsibility of the Contractor to describe the contract requirements to subordinate employees and subcontractors.

1.13 CONTRACTOR PERSONNEL

The Government may direct the Contractor to replace any employee(s) that the Government deems incompetent, careless, insubordinate, under the influence of intoxicating drugs, beverages, etc. or whose continued employment is deemed to be contrary to the public interest. The Contractor shall be responsible for the immediate replacement of any employee under the conditions identified above: in addition to any costs associated with the replacement of an unsuitable employee.

The Contractor shall be responsible for ensuring that its’ employees strictly observe the laws of the United States, North Carolina, local counties where work is to be performed, and any other governing bodies which may affect the work to be completed under this contract. Contractors with non-English speaking workers shall have a person(s) fluent in English to be onsite while work is being performed.

1.14 SUPPLIES AND EQUIPMENT

1.14.1 CONTRACTOR SUPPLIED EQUIPMENT

The Government reserves the right to inspect all equipment proposed by the Contractor for use in performance of services under this contract. Any material or equipment that the Government deems to be unsafe or unsatisfactory for successful completion of the work shall be replaced by the Contractor immediately after notification by the

Government. Such equipment which shall be replaced at no additional cost to the Government.

The Contractor shall furnish:

All materials needed to repair the concrete groin ditches.

Transportation for personnel and equipment.

First aid supplies and other safety equipment.

All other materials that becomes necessary for the orderly and efficient completion of the work.

2. DESCRIPTION OF THE WORK

2.1 CONCRETE GROIN REPAIRS

The concrete groin repairs consist of filling in voids with CLSM, sealing/filling in cracks and potholes with CLSM or approved mortar mix, and sealing the joints of the groin with an approved flexible joint sealant. The voids shall be grouted to the ground surface. Voids underneath, adjacent or in the groins should be grouted with CLSM. Voids within 4 feet of the perimeter of the groin shall be filled in with CLSM as well. If the natural ground adjacent to the voids is disturbed, it should be repaired and regraded so that the surface water will flow into the concrete ditches.

Any ruts or damaged grass should be sodded to match the existing grass type at no additional cost to the government.

The CLSM mixture should consist of type II Portland Cement, fly ash, fine aggregate, fly ash, and water. Prior to placement, the flowable fill mix design shall be sent to the Government for approval. Fly ash content should be less than 15% of the total mixture. The flowable fill will most likely need to be pumped underneath the concrete groins.

The strength of the flowable fill should range from 30 psi to 300 psi. The method for placing the CLSM, including maximum pumping pressure or flow rate, shall be submitted to the Government for approval. The contractor should monitor and record the estimated amount of CLSM that was used to fill the voids underneath the groins to confirm that all the voids underneath the groins have been filled.

In order to repair the concrete groins, overgrown brush, trees, logs, and debris on and within four feet of the concrete groins should be removed so that the contractor can identify all the voids around and in the concrete groins

Herbaceous vegetation (alive or dead) on the ditch or in joints must be removed, Herbaceous vegetation should only be disturbed along the ditch edges to the extent needed to identify and make repairs so as not to increase erosion. A majority of the debris will be removed at the upstream right and the upstream left concrete groins. The contractor will be responsible for disposing the overgrown brush, trees, logs, and debris at an onsite location designated by the

COR.

In addition to the general scope in the above paragraph, a summary of the repairs for each groin is shown below as well.

Upstream Left Concrete Groin: Fill in voids underneath and around the groin with CLSM, fill cracks, reseal joints, and remove and dispose of vegetation/debris in and within 4 feet of the groin.

Upstream Right Concrete Groin: Fill cracks, reseal joints, remove and dispose of vegetation in and within 4 feet of the groin.

Top Downstream Left Concrete Groin: Grout voids and potholes in, underneath, and around the groin with

CLSM, fill in cracks, reseal joints, and remove and dispose of vegetation in and within 4 feet of the groin.

Bottom Downstream Left Concrete Groin: Fill in cracks, reseal joints, and remove and dispose of vegetation in and within 4 feet of the groin.

Top Downstream Right Concrete Groin: Grout voids underneath and around the groin with CLSM, fill in cracks, reseal joints, and remove and dispose of vegetation in and within 4 feet of the groin.

Bottom Downstream Right Concrete Groin: Fill in cracks, reseal joints, and remove and dispose of vegetation in and within 4 feet of the groin.

Photos showing the general condition of the concrete groins are attached to this PWS.

2.2 ESTIMATED QUANTITES

Grout Voids and Potholes: 20 cubic yards

Crack Repair: 400 linear feet

Seal Joints: 500 linear feet

Clear/Remove Vegetation and Debris: A contract has been issued to clear vegetation around the concrete groins.

Any additional vegetation that has been deposited around the concrete groins that took place after the clearing contract shall be the contractor’s responsibility to remove and dispose of at an on-site location designated by the

COR. The amount of herbaceous vegetation in the ditch and joints, as well as overgrown brush, trees, logs, debris, etc., shall be estimated by the contractor based on the site visit.

Any additional costs that will be incurred by the contractor shall be accounted for. The above quantities are estimates and approximate. It is recommended that the contractor perform a site visit so that they can account for all the necessary costs to perform the work.

3. QUALITY CONTROL

The Contractor is responsible for maintaining adequate quality control to satisfactorily meet the specifications of this contract through the development of a Quality Control Plan (QCP).

The Contractor shall perform a quality control inspection of work completed in the field to ensure all areas meet the standards set forth in the contract prior to notifying the Government requesting inspection of services.

The technical point of contact, Mike Ellis, PE, will be on-site during the construction operations.

4. QUALITY ASSURANCE

The Contractor’s work is subject to the inspection of the COR, or appointed Quality Assurance (QA) Inspectors, at any time during the repairs.

• The Government will make a thorough inspection of the Contractor’s completed work to verify that all terms of this Contract have been satisfied.

• If work is not meeting acceptable standards, the deficient work area will need to be remedied to the satisfaction of the inspector, in accordance with this PWS, prior to payment.

5. CORRECTION OF WORK:

The Government will require correction of any work that fails to satisfy the terms of this agreement due to careless or incompetent performance by the Contractor or his employees.

The Contractor shall be responsible for all costs associated with the correction of unsatisfactory work including: all materials, salaries, transportation, supervision, and any other costs associated therewith.

6. INVOICING AND PAYMENT

Payment will be made in a lump sum payment for the work that is completed to the satisfaction of all terms in this contract.

The Contractor shall submit to the Government an invoice for work completed under this contract to

Attn: Dana Matics via email at dana.l.matics@usace.army.mil

OR via mail to U.S. Army Corps of Engineers, B. Everett Jordan Lake, Attn: D. Matics, PO Box 144, Moncure, NC 27559

Invoices must be submitted upon delivery/completion of the contracted services, the Contractor shall provide a copy of the invoice to the Point of Contact stated above through e-mail (preferred) or United States Postal Service

(USPS). The Contractor shall also ensure that the following items are included on the invoice:

• Contract #

• Invoice #

• Company Name (Must Match the Name on the Contract Document)

• Invoiced line item(s) (Must Match the Contract Line Item Numbers / e.g. 0001, 0002, etc.)

• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable)

7. ANTITERRORISM/OPERATIONS SECURITY:

The Contractor shall adhere to the following conditions:

AT/OPSEC #1. AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html ; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

AT/OPSEC #2. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of

Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

mailto:dana.l.matics@usace.army.mil http://jko.jten.mil/courses/atl1/launch.html

AT/OPSEC #2b. For contractors who do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening

Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as

NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

AT/OPSEC #4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say

Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall receive a brief/training

(provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

AT/OPSEC #7. For Contracts that Require OPSEC Training. Per AR 530-1, (Operations Security) contractor employees must complete Level I OPSEC Training within 30 calendar days of contract award. All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a

COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html ; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

AT/OPSEC #13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e.

facility repair or construction). All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

AT/OPSEC #15 Pre-screen candidates using E-Verify Program. "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award."

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility

Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

8. MAPS AND PHOTOS OF THE CONCRETE GROINS AT B. E. JORDAN DAM

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

NOTE 1: AWARD WILL BE MADE TO THE LOWEST PRICED, TECHNICALLY ACCEPATABLE OFFER.

NOTE 2: IN ORDER TO BE CONSIDERED TECHNICALLY ACCEPTABLE, THE CONTRACTOR MUST

SUBMIT THE FOLLOWING WITH THEIR QUOTE: Previous Experience inaccordance with the Performance Work Statement.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-22 Alternative Line Item Proposal JAN 2017

52.211-6 Brand Name or Equal AUG 1999

52.232-13 Notice Of Progress Payments APR 1984

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

12.0% 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 B. Everett Jordan

Dam in Moncure, NC, Chatham County

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

ALTERNATE I (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 shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the

Buy American Act, 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.

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

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

(b) An organized site visit has been scheduled for--

26 July 2023 at 10 AM EST.

(c) Participants will meet at--

Jordan Visitor Center, 2080 Jordan Dam Road, Moncure, NC.

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):

www.acquisition.gov http://www.acquisition.gov/

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.

(2) The small business size standard is $19.0 M.

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

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

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

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

Products Under Service and Construction Contracts.

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

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

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

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

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

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

52.225-5.

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or…