B.08 21R0024_EAA_CNT_10A_RTA_Vol1.pdf

W912EP21R0024

Jacksonville District

CENTRAL EVERGLADES PLANNING PROJECT

(CEPP) CONTRACT 10A, EAA SEEPAGE AND

INFLOW/OUTFLOW CANAL

Palm Beach County, Florida

Construction Solicitation and Specifications

Volume 1 of 2

17 JUNE 2021

Central Everglades Planning Project (CEPP), Everglades Agricultural Area (EAA), A-2 Reservoir Contract 10A Project, Palm Beach County, FL

DESCRIPTION OF WORK: REFER TO SECTION 01 11 00 FOR COMPLETE PROJECT DESCRIPTION

DRAWINGS: SEE DFARS CLAUSE 252.236 7001, IN SECTION 00100.

MAGNITUDE OF CONSTRUCTION IS BETWEEN $25,000,000 AND $100,000,000.

THIS IS AN UNRESTRICTED SOLICITATION AND ALL RESPONSIBLE OFFERORS ARE ENCOURAGED TO PARTICIPATE.

THE NAICS CODE IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $39,500,000.00.

***BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE

A SITE VISIT WILL BE HELD SEE FAR CLAUSE 52.236-27 IN SECTION 00100.

YOU MUST BE REGISTERED IN SAM INORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION THE SAM WEBSITE IS LOCATED AT

WWW.SAM.GOV.

HALIS L BATISTA

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

16-Jul-2021

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________17 Aug 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______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

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (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:

W912EP21R0024

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

CENTRAL EVERGLADES PLANNING PROJECT

(CEPP) CONTRACT 10A, EAA

SEEPAGE AND INFLOW/OUTFLOW CANAL

PALM BEACH COUNTY, FLORIDA

W912EP21R0024

DESIGN AUTHENTICATION

This project was designed by the Jacksonville District, U.S. Army Corps of Engineers.

The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

CHRISTOPHER RALPH, P.E.

CHIEF, CIVIL SECTION

DESIGN BRANCH, ENGINEERING DIVISION

DENNIS J. ZEVENEY, P.E.

CHIEF, GEOSYSTEMS BRANCH

ENGINEERING DIVISION

JASON A. ENGLE, P.E.

CHIEF, WATER RESOURCES BRANCH

ENGINEERING DIVISION

DAVID DUDLEY, P.E.

CHIEF, DESIGN BRANCH

ENGINEERING DIVISION

LAUREEN A. BOROCHANER, P.E.

CHIEF, ENGINEERING DIVISION

(Lisa Ingram, Acting) 5/28/2021

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

CENTRAL EVERGLADES PLANNING PROJECT (CEPP) CONTRACT 10A,

EAA A-2 SEEPAGE AND INFLOW/OUTFLOW CANAL

PALM BEACH COUNTY, FLORIDA

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE

(STA 10+00 TO 330+00 PLUS A-1 FEB LEVEE WIDENING):

0001 PROJECT INITIATION ACTIVITIES JOB $_______________

0002 CLEARING, GRUBBING, AND DEMUCKING 295 ACRE $_____________ $_______________

0003 SURFACE WATER MANAGEMENT JOB $_______________

0004 EXCAVATION 2,818,000 CUBIC YARD $_____________ $_______________

0005 SODDING 386,000 SQUARE YARD $_____________ $_______________

0006 ROAD BASE 61,000 SQUARE YARD $_____________ $_______________

0007 SELECT FILL 360,000 CUBIC YARD $_____________ $_______________

0008 CONTRACTING OFFICER'S FIELD OFFICE 14 MONTH $_____________ $_______________

0009 ENVIRONMENTAL MONITORING 14 MONTH $_____________ $_______________

0010 PARTNERING REGROUP 2 EACH $_____________ $_______________

TOTAL BASE (LINE ITEMS 0001 THROUGH 0010) $_______________

OPTION A

(STA 330+00 TO 365+00):

0002A CLEARING, GRUBBING, AND DEMUCKING 30 ACRE $_____________ $_______________

0003A SURFACE WATER MANAGEMENT JOB $_______________

0004A EXCAVATION 286,000 CUBIC YARD $_____________ $_______________

0005A SODDING 50,500 SQUARE YARD $_____________ $_______________

0006A ROAD BASE 14,500 SQUARE YARD $_____________ $_______________

0007A SELECT FILL 82,000 CUBIC YARD $_____________ $_______________

0008A CONTRACTING OFFICER'S FIELD OFFICE 3 MONTH $_____________ $_______________

0009A ENVIRONMENTAL MONITORING 3 MONTH $_____________ $_______________

00010A PARTNERING REGROUP 1 EACH $_____________ $_______________

TOTAL OPTION A (LINE ITEMS 002A THROUGH 0010A) $_______________

OPTION B

(STA 365+00 TO 405+00):

0002B CLEARING, GRUBBING, AND DEMUCKING 35 ACRE $_____________ $_______________

0003B SURFACE WATER MANAGEMENT JOB $_______________

0004B EXCAVATION 327,000 CUBIC YARD $_____________ $_______________

0005B SODDING 57,500 SQUARE YARD $_____________ $_______________

0006B ROAD BASE 16,500 SQUARE YARD $_____________ $_______________

W912EP21R0024 00010A-1

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

CENTRAL EVERGLADES PLANNING PROJECT (CEPP) CONTRACT 10A,

EAA A-2 SEEPAGE AND INFLOW/OUTFLOW CANAL

PALM BEACH COUNTY, FLORIDA

0007B SELECT FILL 80,000 CUBIC YARD $_____________ $_______________

0008B CONTRACTING OFFICER'S FIELD OFFICE 3 MONTH $_____________ $_______________

0009B ENVIRONMENTAL MONITORING 3 MONTH $_____________ $_______________

00010B PARTNERING REGROUP 1 EACH $_____________ $_______________

TOTAL OPTION B (LINE ITEMS 0002B THROUGH 0010B) $_______________

TOTAL BID (LINE ITEMS 0001 THROUGH 00010B) $_______________

NOTES: (1) OFFER MUST PRICE ALL LINE ITEMS. SEE SECTION 00100 "INSTRUCTIONS TO OFFERORS".

(2) FAILURE TO COMPLETE AND RETURN ALL REQUIRED SUBMISION(SF 1442, SECTION 00010A, SECTION 00101, AND

BID BOND) COULD RENDER YOUR BID NON-RESPONSIVE.

3) REFER TO CLAUSE 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984), IN SECTION 00700 OF THE SOLICITATION.

(4) DIGITAL TERRAIN MODELS (DTM) AND REQUISITE RAW DATA IN XLM FORMAT ARE AVAILABLE FOR INFORMATION

PURPOSES ONLY. THE GOVERNMENT ASSUMES NO RESPONSIBILITY FOR ANY APPARENT ERRORS THAT MAY BE

PRESENT IN THE DTM OR RAW DATA; NOR DOES THE GOVERNMENT ASSUME RESPONSIBILITY FOR ANY CONCLUSIONS

OR INTERPRETATIONS MADE BY THE CONTRACTOR BASED ON THE PROVIDED DTM OR RAW DATA. THE DTM AND

RAW DATA ARE AVAILABLE IN COMPRESSED (ZIP) FORMAT FOR DOWNLOAD BY THE OFFEROR WITH THE SOLICITATION

ON THE BETA.SAM.GOV (https:/beta.sam.gov) WEBSITE.

THE AVAILABLE INFORMATION MAY INCLUDE DTM SURFACES FOR THE EXISTING SITE GRADES, EXCAVATION GRADES, AND FINISHED GRADES. THE EXCAVATION DTM MAY NOT FULLY DEFINE SURFACES RELATED TO TEMPORARY CUTS

REQUIRED FOR SITE FEATURES SUCH AS STORMWATER MANAGEMENT AND EROSION CONTROL COMPONENTS.

FURTHER, THE EXCAVATION DTM MAY NOT REFLECT EMBANKMENT FOUNDATION DETAILS SUCH AS SOIL BENCHING.

THE FINISHED DTM MAY NOT FULLY DEFINE SURFACES RELATED TO SITE FEATURES SUCH AS STORMWATER

MANAGEMENT AND EROSION CONTROL COMPONENTS. FURTHER, THE FINISHED GRADE DTM MAY NOT REFLECT

EMBANKMENT PENETRATIONS, INTERNAL EMBANKMENT COMPONENTS SUCH AS SEEPAGE COLLECTION SYSTEMS, NOR EMBANKMENT SLOPE PROTECTION.

(5) THE BID SCHEDULE QUANTITIES FOR CLINS: 0002, 0002A, 0002B, 0004, 0004A, 0004B,0005, 0005A, 0005B

0006, 0006A, 0006B, 0007, 0007A, 0007B, ARE “ESTIMATED”.

W912EP21R0024 00010A-2

SECTION 00010A, Attachment A

INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in

ProjNet at (https://www.projnet.org) No Later Than (NLT) 30 July 2021, End of Day. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment / question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

The Solicitation Number is: W912EP21R0024

The Bidder Inquiry Key is: 8SR432-84E884

Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:

1. Identify the Agency. This should be marked as USACE.

2. Email. Enter the email address you would like to use for communication.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. Identify the Agency. This should be marked as USACE.

3. Email. Enter the email address you used to register previously in ProjNet.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

W912EP21R0024 Section 00010A-3

Section 00100 - INSTRUCTIONS TO OFFERORS

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

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

MAY 2014

52.236-28 Preparation of Proposals--Construction OCT 1997 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

W912EP21R0024 Section 00100-1

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) 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 rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

W912EP21R0024 Section 00100-2

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-23 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

22.4% 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

W912EP21R0024 Section 00100-3

(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 Palm Beach County, FL.

(End of provision)

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.

(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) – 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

W912EP21R0024 Section 00100-4 are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for-- Tuesday, July 27, 2021. Participants should contact the USACE POC, Ms. Jessica Bromfield, Field Office Assistant for Miami Area Office, at (954) 436-9022 or Jessica.Bromfield@usace.army.mil on or before Friday July 23, 2021 to receive final details, to include the time and meeting location.

(c) Failure to contact the identified POC before the required date/time may result in your company being ineligible to attend the site visit. The site visit engineer shall provide notes and the sign in roster to be posted to the GPE after the conclusion of the site visit.

(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):

For FAR: http://www/arnet.gov/far/ For DFARS: http://www.acq.osd.mil/dp/dars/dfars/dfars.html

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

W912EP21R0024 Section 00100-5

Section 00100A – Proposal Evaluation & Submission Instructions

A. BASIS FOR AWARD

The award will be made based on the best overall (i.e., best value) proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the four evaluation factors: Technical Merit, Past Performance, Small Business Participation, and Price. The Contracting Officer will use a trade-off process to determine which offer represents the best value to the Government. This process allows the Contracting Officer to consider making award to other than the lowest priced offeror or other than the highest technically rated offeror. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for the Technical Merit Factor and Small Business Participation Factor.

Offerors are cautioned that the award may not necessarily be made to the lowest price offeror or the highest technically rated offeror.

Note: Individual Elements will not be given an evaluating rating; however, each Element shall be considered in the evaluation of the Factor each Element is placed under.

Note: All evaluation factors other than price, when combined, are approximately equal to price.

Limitations on Substitutions for Certain Positions and/or Subcontractors

Certain items of work are considered particularly critical to successful completion of the project and may be completed by subcontractors. The Government will consider the qualifications of these subcontractors during its evaluation of the offeror’s proposal*. In accordance with the Limitations On Substitutions For Certain Positions and/or Subcontractors paragraph of this solicitation (See Section 00800), if the offeror is awarded a contract the offeror will not be permitted to make substitutions without the approval of the Contracting Officer or Administrative Contracting Officer. If the offeror does not name a subcontractor for any identified item of work, the Government will assume the offeror intends to perform the work with its own forces and, if the offeror receives the contract, no substitutions will be allowed without prior approval of the Contracting Officer.

*See “Factor 1 - Technical Merit” for specific submission requirements regarding subcontractors.

Joint Venture Agreements

Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and will be subject to review. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration is required and must be submitted with the offeror’s proposal. Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively. In addition, the joint venture must be registered in the System for Award Management website (SAM.gov) as a joint venture in order for an award to be made.

B. FACTORS AND ELEMENTS TO BE EVALUATED

The following evaluation factors and elements will be used to evaluate each proposal: award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and elements described below.

Factor 1 – Technical Merit

Element 1 – Technical Approach Plan Element 2 – Construction Schedule

Factor 2 – Past Performance

Factor 3 – Small Business Participation

Element 1 – Small Business Participation Proposal Element 2 – Past Utilization of Small Business Concerns

Factor 4 – Price and Price Related Information

C. FACTOR SUBMISSION REQUIREMENTS AND EVALUATION METHODS

Evaluation Approach

All proposals shall be subject to evaluation by a team of Government evaluators. Proposals will be evaluated on the basis of the factors stated in the solicitation to select the responsible offeror whose proposal is most advantageous to the Government.

Offerors are required to submit proposals with the content specified herein. Proposals without the specified content may be determined Unacceptable and removed from the competition. The Government will not make assumptions concerning intent, capabilities, or experiences. Clear identification of proposal details shall be the sole responsibility of the offeror. All responsible offerors whose proposals are among the most highly rated may be included in the competitive range in accordance with FAR 15.306(c)(1) and (2). However, the Government reserves the right to limit the number of proposals in the competitive range for purposes of efficiency. By submitting an offer in response to this solicitation, offerors are agreeing to comply with all terms and conditions contained in the solicitation. Unless the solicitation specifically invites the offeror to submit exceptions, the Source Selection Authority/Contracting Officer may reject any offer that contains exceptions and or qualifying language. In this solicitation, the words “offer” and “proposal” are used interchangeably. (See definition of “offer” at FAR 2.101.) Except for any portions of the offeror’s proposal incorporated into the resulting contract by specific reference, the terms and conditions included in the solicitation, including any amendments, shall take precedence over the offeror’s proposal.

Proposal Evaluation

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. Further, if the Contracting Officer determines that discussions are necessary and if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Source Selection Decision

The Source Selection Authority/Contracting Officer, independently exercising prudent business judgment, will make the source selection decision based on the proposal that represents the best value to the Government. The Source Selection Authority/Contracting Officer will not receive a recommendation from any individual or body as to which offeror should receive the award and will not receive a rank order or order of merit list pertaining to the offers being evaluated.

FACTOR 1 – TECHNICAL MERIT

In responding to this factor, the objective should be to instill confidence that the offeror thoroughly understands the requirements of the solicitation, has the expertise and experience required to successfully satisfy or exceed the solicitation requirements within the required period of performance (See Section 00700, FAR Clause 52.211-10).

In accordance with the Limitations on Substitutions For Certain Items of Work, Positions and/or Subcontractors paragraph in Section 00800 of this solicitation, a letter of commitment must be provided for any proposed major subcontractor for the following positions or items of work: (1) rock blasting and (2) temporary sheet pile installation.

A major subcontractor is defined as any subcontractor whose experience is submitted as part of this proposal and is also identified in the non-substitution clause in Section 00800 of the Solicitation.

A letter of commitment is defined as a letter from the major subcontractor on official company letterhead (1) addressed to the offeror (prime contractor), (2) identifying the work they intend to perform, and (3) stating that they are willing to be bound to perform the identified work if the offeror is awarded a contract. A letter of commitment simply stating that a major subcontractor commits to submit pricing to the offeror does not satisfy this requirement. Submission requirement; Letter of Commitment for Key Subcontractor or Key Personnel (Attachment 2).

Failure to provide a letter of commitment from a proposed major subcontractor or key personnel will be noted as a deficiency.

Elements are not rated separately. An overall rating will be assigned for Factor 1 – Technical Merit. See “Technical Merit Ratings” below.

ELEMENT 1 – TECHNICAL APPROACH PLAN

Submission Requirements

In a narrative format, the offeror shall describe the proposed Technical Approach Plan regarding how the offeror intends to execute the work from start to completion. The selected technical approach plan, key personnel, construction schedule, and equipment may be incorporated in whole or in part into the contract. The plan should include a description of related activities to include coordination with major subcontractors, types of equipment to be utilized and any other means and methods the offeror feels will give the Government confidence the offeror will successfully complete the project. Offerors should also identify potential risks and plans for mitigating those risks.

At a minimum the Technical Approach Plan must:

1. Provide a list of equipment planned to be utilized to blast, excavate, remove, transport, crush, process, place, and stockpile material.

2. Provide typical production rates for all listed equipment planned to be utilized to blast, excavate, remove, transport, crush, process, place, and stockpile material.

3. Present the sequence of activities which represent work through the entire project from mobilization to demobilization.

4. Describe how the offeror intends to process excavated material necessary for construction of the maintenance road.

5. Describe the blasting plan to include means and methods needed to complete all required excavation.

6. Provide a detailed description of the proposed plan to manage surface and groundwater within the limits of construction.

7. Explain in detail how the offeror will manage access to the site and traffic within project access and haul roads to allow for construction and access throughout the duration of the project.

8. Provide a detailed explanation of how the offeror will ensure quality control including a description of proposed quality control measures such as layout, verifications, material management, surveying etc.

9. Identify possible obstacles to construction operations and how the offeror will overcome these obstacles.

10. Provide basis for timeframes for required work items proposed in Element 2, Construction Schedule, including all assumed contingencies (i.e. adverse weather, mechanical shut-down, environmental issues, additional permits etc.).

Evaluation Method

The Technical Approach Plan evaluation determines the degree to which the offeror’s proposal meets the requirements of the solicitation as well as the feasibility of the proposed approach. The feasibility of the proposed technical approach will measure how well the means and methods proposed provide the Government with confidence of successful project completion in accordance with the solicitation requirements and within the required contract schedule.

All work items listed in the Technical Approach Plan should be included in the Construction Schedule and the timeframes given for work items in the Construction Schedule. This example is given for clarity and is not the only corroboration that will be made between the Technical Approach Plan and Construction Schedule. The overall rating for Factor 1 will consider how well the Technical Approach Plan and Construction Schedule support one another. Any conflicts between Element 1 and Element 2 may be noted as a weakness.

ELEMENT 2 – CONSTRUCTION SCHEDULE

Submission Requirements

Provide a schedule of construction within the period of performance provided in Section 00700, FAR Clause 52.211-10, in the formant of a Gantt, Pert, or similar graphical timeline, showing the start and completion dates, interdependence, and other relative scheduling factors for all the items of work listed in Element 1 above. This schedule may be incorporated into the contract and will only be changed as approved by the Contracting Officer. The schedule must clearly show the interdependence of activities (i.e schedule logic) and start and completion dates for the following:

1. Mobilization and Demobilization of all work items

2. Clearing, grubbing, and de-mucking within the construction footprint (including staging & stockpile areas)

3. Obtain material and widen A-1 FEB levee to accommodate two-way traffic.

4. Obtain material and construct crossing of A-1 FEB Seepage Canal

5. Obtain material and construct haul roads

6. Blasting and excavation of seepage canal

7. Blasting and excavation of Inflow-Outflow Canal

8. Maintenance road and bench construction

9. Submittals

10. Interdependence of activities (i.e. schedule logic)

11. Contingency time (e.g. float)

12. Work items discussed under Element 1, Technical Approach Plan

a. The work items for all activities should be clearly identified to ensure a delineation of any concurrent work

b. Basis for proposed timeframes should be supported in the Technical Approach Plan

Evaluation Method

The Construction Schedule evaluation determines the degree to which the offeror’s proposal meets the requirements of the solicitation as well as the feasibility of the proposed approach.

All work items listed in the Technical Approach Plan should be included in the Construction Schedule and the timeframes given for work items in the Construction Schedule. This example is given for clarity and is not the only corroboration that will be made between the Technical Approach Plan and Construction Schedule. The overall rating given for Factor 1 will take into consideration how well the Technical Approach Plan and Construction Schedule support one another. Any conflicts between Element 1 and Element 2 may be noted as a weakness.

TECHNICAL EVALUATION RATING SYSTEM

General: Each member of the Source Selection Evaluation Board (SSEB) will individually rate each proposal against the specified evaluation criteria in the Solicitation. The SSEB will reach consensus on the final rating assigned to ensure that it reflects the degree to which the proposal meets or does not meet the minimum requirements through an assessment of the strengths, weaknesses, deficiencies, and risks of a proposal and provide findings in writing to the SSA. The Source Selection Authority will determine which offeror represent the best value to the Government.

Rating System: After listing proposal strengths, weaknesses and deficiencies, the SSEB will assign an adjective rating of “Outstanding”, “Good”, “Acceptable”, “Marginal”, or “Unacceptable” to each factor and Element to reflect the Government's confidence in each offeror's technical ability, as demonstrated in its proposal, to perform the requirements stated in the RFP.

The adjectival ratings shall be assigned, using the following criteria, which incorporate a proposal risk assessment:

TECHNICAL MERIT RATINGS

DEFINITIONS

Deficiency - A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Weakness - A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness - A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

Strength - Any aspect of a proposal that, when judged against a stated evaluation criterion, enhances the merit of the proposal or increases the probability of successful performance of the contract.

Significant Strength -A significant strength appreciably enhances the merit of a proposal or appreciably enhances the probability of successful contract performance.

Deviation - Proposal implies or specifically offers a deviation below the specified criteria. The offeror may or may not have called the deviation to the Government’s attention. A deviation is a deficiency. The proposal must conform to the solicitation requirements for award.

Combined Technical/Risk Rating. The offeror’s technical solution will consist of a combined rating. The combined technical/risk rating includes consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in determining technical ratings. (See Combined Technical/Risk Rating Method below).

Combined Technical/Risk Ratings

Adjectival Rating Description

Outstanding

Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good

Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little to no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirement. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.

FACTOR 2 – PAST PERFORMANCE

Submission Requirements

a. Using the Company Specialized Experience Form (Attachment 1), offerors are required to provide a minimum of three, not to exceed five examples of completed projects, which demonstrate that they and/or their major subcontractors (if applicable) have experience accomplishing the following:

Experience successfully constructing open channels to a prescribed template in wet site conditions within the last 10 years.

Experience successfully performing blasting operations to support and prepare for excavation within the last 10 years.

Experience successfully managing surface and groundwater within a construction site where the subsurface is highly permeable and groundwater level is near ground surface within the last 10 years.

Experience successfully crushing and processing excavated material to a specified diameter to be used as construction material within the last 10 years.

Experience successfully managing excavated material as to avoid waste or excessive handling within the last 10 years.

Experience successfully constructing temporary and permanent earthen roads in wet site conditions within the last 10 years.

NOTE: All the experiences required on this factor need not have been performed on the same project.

NOTE: Do not submit more than five projects in response to this factor. If any offeror provides more than five projects, only the first five projects submitted in order of submission will be evaluated; no additional consideration or evaluation will be given for the remaining submissions.

Projects submitted must be completed or 80% physically completed within the last 10 years from the date of this solicitation.

A completed project is defined as work performed under a “project” that is physically complete and has been accepted by the customer. If a project is presented and has not been accepted by the client, the offeror shall explain which elements of the work are completed and provide supporting documentation from the client to confirm physical completion of those completed elements.

If any firm has multiple functions or divisions, limit the project examples to those performed by the division, unit or team member submitting the offer. If the offeror proposes to use the experience of an affiliate, the proposal must clearly demonstrate that the affiliate will have meaningful involvement in the performance of the contract.

If submitting a proposal as a joint venture, the experience of each joint venture partners can be submitted for the joint venture entity. These projects will be evaluated separately; however, the overall evaluation for the demonstrated experience will be combined to form one overall evaluation rating for the joint venture. Contractors submitting an offer as a joint venture must provide a written copy of the joint venture agreement with the initial proposal. The joint venture agreement must be signed by both parties and will be subject to review. Also, if the joint venture involves an 8(a) small business, approval by the Small Business Administration is required and must be submitted with the offeror’s proposal. Offerors are reminded that if it is an 8(a) or HUBZone joint venture, it shall ensure that it complies with the applicable requirements of 13 CFR Part 124 and 13 CFR Part 126, respectively. In addition, the joint venture must be registered in the System for Award Management website (SAM.gov) as a joint venture in order for an award to be made.

b. Additionally, Offerors shall submit one NAVFAC/USACE Past Performance Questionnaire (Attachment 3), completed and signed by an Owner of the Project (Client) point of contact (POC) for each of the projects submitted above. If a project was completed by the offeror’s major subcontractor, the offeror is responsible for coordinating with their major subcontractor and submitting a completed NAVFAC/USACE Past Performance Questionnaire on their major subcontractor’s behalf. Each NAVFAC/USACE Past Performance Questionnaire reference must include the POC contact information to be verified by the SSEB. Failure to provide a completed and signed NAVFAC/USACE Past Performance Questionnaire for each project as described above may be noted as a deficiency.