B.08 22R0005_EAA_CNT11A_VOL1_20220610.pdf

Jacksonville District

W912EP22R0005

CENTRAL EVERGLADES PLANNING PROJECT

(CEPP) CONTRACT 11A, EAA A-2 RESERVOIR

FOUNDATION AND CUTOFF WALL

Palm Beach County, Florida

Construction Solicitation and Specifications Volume 1 of 2

10 June 2022

Central Everglades Planning Project (CEPP) Contract 11A, Everglades Agricultural Area (EAA) A-2 Reservoir Foundation & Cutoff Wall Project, Palm Beach County, Florida.

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 $250,000,000 and $500,000,000.

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.

OFFERORS ARE NOTIFIED THAT REAL ESTATE IS NOT CURRENTLY CLEARED FOR CONSTRUCTION BUT WILL BE BY ISSUANCE OF THE

FULL NOTICE TO PROCEED.

***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 IN ORDER TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.

MARTHA G SEQUEIRA 904-232-1792

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

10-Jun-2022

(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 _______60 calendar days and complete it w ithin ________2044 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________12 Jul 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

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

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:

W912EP22R0005

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

SECTION 00010A

LINE ITEMS AND PRICING SCHEDULE

CENTRAL EVERGLADES PLANNING PROJECT (CEPP)

CONTRACT 11A,

EAA A-2 RESERVOIR FOUNDATION AND CUTOFF WALL

PALM BEACH COUNTY, FLORIDA

W912EP22R0005 00010A-1

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

BASE (STA 308+00 to 868+50)

0001 PROJECT INITIATION ACTIVITES JOB $

0002 CLEARING AND GRUBBING 370 ACRE $ $

0003 PRELIMINARY FOUNDATION PREPARATION 1,480,000 SY $ $

0004 SURFACE AND SUBSURFACE WATER MANAGEMENT JOB $

0005 FINAL FOUNDATION PREPARATION 1,480,000 SY $ $

0006 SELECT FILL 360,000 CY $ $

0007 LIME ROCK BASE 40,000 SY $ $

0008 CONTROLLED LOW STRENGTH MATERIAL (CLSM) 500,000 CY $ $

0009 CLSM TOP COVER 51,000 LF $ $

0010 CUTOFF WALL 263,500 SY $ $

0011 VERIFICATION DRILLING/TESTING 175 EACH $ $

0012 STANDBY TIME 70 DAY $ $

0013 DATA MANAGEMENT JOB $

0014 SODDING 95,000 SY $ $

0015 PARTNERING REGROUP - MEETING 6 EACH $ $

0016 PARTNERING REGROUP - VENUE 6 EACH $ $

0017 ACCESS ROAD MAINTENANCE JOB $

0018 RELOCATION OF CONSTRUCTION FIELD OFFICE JOB $

0019 ENVIRONMENTAL MONITORING JOB $

0020 CONTRACTING OFFICER'S FIELD OFFICE 48 MO $ $

0021 ADDITIONAL CONTRACTING OFFICER'S FIELD OFFICE 48 MO $ $

0022 TEMPORARY QUALITY ASSURANCE LAB 48 MO $ $

TOTAL BASE (LINE ITEMS 0001 THROUGH 0022) $

OPTION 1 (STA 868+50 to 58+55)

0023 CLEARING AND GRUBBING 75 ACRE $ $

0024 PRELIMINARY FOUNDATION PREPARATION 303,000 SY $ $

0025 SURFACE AND SUBSURFACE WATER MANAGEMENT JOB $

0026 FINAL FOUNDATION PREPARATION 303,000 SY $ $

0027 CONTROLLED LOW STRENGTH MATERIAL (CLSM) 124,300 CY $ $

0028 CLSM TOP COVER 9,981 LF $ $

0029 CUTOFF WALL 55,500 SY $ $

0030 VERIFICATION DRILLING/TESTING 35 EACH $ $

0031 DATA MANAGEMENT JOB $

0032 PARTNERING REGROUP - MEETING 2 EACH $ $

0033 PARTNERING REGROUP - VENUE 2 EACH $ $

0034 ACCESS ROAD MAINTENANCE JOB $

0035 ENVIRONMENTAL MONITORING JOB $

0036 CONTRACTING OFFICER'S FIELD OFFICE 21 MO $ $

0037 ADDITIONAL CONTRACTING OFFICER'S FIELD OFFICE 21 MO $ $

0038 TEMPORARY QUALITY ASSURANCE LAB 21 MO $ $

TOTAL OPTION 1 (LINE ITEMS 0023 THROUGH 0038) $

CENTRAL EVERGLADES PLANNING PROJECT (CEPP)

CONTRACT 11A,

EAA A-2 RESERVOIR FOUNDATION AND CUTOFF WALL

PALM BEACH COUNTY, FLORIDA

W912EP22R0005 00010A-2

LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

OPTION 2 (STA 58+55 to 188+60)

0039 CLEARING AND GRUBBING 75 ACRE $ $

0040 PRELIMINARY FOUNDATION PREPARATION 303,000 SY $ $

0041 SURFACE AND SUBSURFACE WATER MANAGEMENT JOB $

0042 FINAL FOUNDATION PREPARATION 303,000 SY $ $

0043 CONTROLLED LOW STRENGTH MATERIAL (CLSM) 116,600 CY $ $

0044 CLSM TOP COVER 9,980 LF $ $

0045 CUTOFF WALL 59,700 SY $ $

0046 VERIFICATION DRILLING/TESTING 35 EACH $ $

0047 DATA MANAGEMENT JOB $

0048 PARTNERING REGROUP - MEETING 2 EACH $ $

0049 PARTNERING REGROUP - VENUE 2 EACH $ $

0050 ACCESS ROAD MAINTENANCE JOB $

0051 ENVIRONMENTAL MONITORING JOB $

0052 CONTRACTING OFFICER'S FIELD OFFICE 21 MO $ $

0053 ADDITIONAL CONTRACTING OFFICER'S FIELD OFFICE 21 MO $ $

0054 TEMPORARY QUALITY ASSURANCE LAB 21 MO $ $

TOTAL OPTION 2 (LINE ITEMS 0039 THROUGH 0054) $

OPTION 3 (STA 188+60 to 308+00)

0055 CLEARING AND GRUBBING 75 ACRE $ $

0056 PRELIMINARY FOUNDATION PREPARATION 303,000 SY $ $

0057 SURFACE AND SUBSURFACE WATER MANAGEMENT JOB $

0058 FINAL FOUNDATION PREPARATION 303,000 SY $ $

0059 CONTROLLED LOW STRENGTH MATERIAL (CLSM) 99,000 CY $ $

0060 CLSM TOP COVER 9,940 LF $ $

0061 CUTOFF WALL 59,200 SY $ $

0062 VERIFICATION DRILLING/TESTING 35 EACH $ $

0063 DATA MANAGEMENT JOB $

0064 PARTNERING REGROUP - MEETING 2 EACH $ $

0065 PARTNERING REGROUP - VENUE 2 EACH $ $

0066 ACCESS ROAD MAINTENANCE JOB $

0067 ENVIRONMENTAL MONITORING JOB $

0068 CONTRACTING OFFICER'S FIELD OFFICE 22 MO $ $

0069 ADDITIONAL CONTRACTING OFFICER'S FIELD OFFICE 22 MO $ $

0070 TEMPORARY QUALITY ASSURANCE LAB 22 MO $ $

TOTAL OPTION 3 (LINE ITEMS 0055 THROUGH 0070) $

TOTAL BID (LINE ITEMS 0001 THROUGH 0070) $

CENTRAL EVERGLADES PLANNING PROJECT (CEPP)

CONTRACT 11A,

EAA A-2 RESERVOIR FOUNDATION AND CUTOFF WALL

PALM BEACH COUNTY, FLORIDA

W912EP22R0005 00010A-3

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

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

BOND) COULD RENDER YOUR BID NON-RESPONSIVE.

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

OF THE SOLICITATION.

(4) SURFACE DATA IN XLM FORMAT IS AVAILABLE FOR INFORMATION PURPOSES ONLY. THE GOVERNMENT ASSUMES NO RESPONSIBILITY FOR ANY APPARENT ERRORS THAT MAY BE PRESENT IN THE DATA; NOR DOES THE GOVERNMENT ASSUME RESPONSIBILITY FOR ANY CONCLUSIONS OR INTERPRETATIONS MADE BY THE CONTRACTOR BASED ON THE PROVIDED DATA. THE XML DATA IS AVAILABLE IN COMPRESSED (ZIP) FORMAT FOR DOWNLOAD BY THE OFFEROR WITH THE SOLICITATION ON THE SAM.GOV (https:/sam.gov) WEBSITE. THE AVAILABLE INFORMATION MAY INCLUDE XML SURFACES FOR THE EXISTING SITE GRADES, EXCAVATION GRADES, AND FINISHED GRADES. THE XML DATA MAY NOT FULLY DEFINE SURFACES RELATED TO TEMPORARY CUTS REQUIRED FOR SITE FEATURES SUCH AS STORMWATER MANAGEMENT AND EROSION CONTROL COMPONENTS. FURTHER, THE XML DATA MAY NOT REFLECT EMBANKMENT FOUNDATION DETAILS SUCH AS SOIL BENCHING. THE XML DATA MAY NOT FULLY DEFINE SURFACES RELATED TO SITE FEATURES SUCH AS STORMWATER MANAGEMENT AND EROSION CONTROL COMPONENTS. FURTHER, THE XML DATA MAY NOT REFLECT EMBANKMENT PENETRATIONS, INTERNAL EMBANKMENT COMPONENTS SUCH AS SEEPAGE COLLECTION SYSTEMS, NOR

EMBANKMENT SLOPE PROTECTION.

(5) ALL BID UNIT QUANTITIES ARE ESTIMATES.

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 June 2022, 5:00 P.M. Local Time. 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: W912EP22R0005

The Bidder Inquiry Key is: DP9TJP-SGQGF7

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.

k3ctcmgs Highlight

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 JUL 2018

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities.

52.211-2 Availability of Specifications, Standards, and Data Item JUL 2021 Descriptions Listed in the Acquisition Streamlining and

Standardization Information System (ASSIST)

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 MAY 2014

Work

52.222-38 Compliance With Veterans' Employment Reporting FEB 2016 Requirements

52.225-10 Notice of Buy American Requirement--Construction MAY 2014 Materials

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.

(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.

(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.

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

(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.

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.

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.

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—Thursday, June 23 2022. Participants should contact the USACE POC, Mr. Jose Rosa, Project Engineer for EAA Area Office, at (561) 371-5873 or Jose.Rosa@usace.army.mil on or before Friday June 17, 2022 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.

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: https://www.acquisition.gov/browse/index/far

For DFARS: https://www.acquisition.gov/dfars

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.

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 Source Selection Authority (SSA) will use a trade-off process to determine which offer represents the best value to the Government. This process allows the SSA 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 the Small Business Participation Factor, and a rating of no less than “Neutral Confidence” must be achieved for the Past Performance Factor. A rating of “Unacceptable” for the Technical Merit Factor or Small Business Participation Factor will result in an unawardable proposal. Offerors are cautioned that the award may not necessarily be made to the lowest price offeror or the highest technically rated offeror.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance (see FAR 15.305(a)(2)(iv).) In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “Neutral Confidence.”

The importance of non-priced factors are listed in descending order of importance.

All evaluation factors other than price, when combined, are significantly more important than 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 in Section 00800 of the solicitation, 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, it must state that it intends to perform the work with its own forces and, if the offeror receives the contract, no substitutions will be allowed without prior approval by the Contracting Officer.

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

Joint Venture Agreements

Proposals from joint ventures must include a copy of the joint venture agreement, signed by authorized representatives of both parties. If the joint venture involves an 8(a) small business, prior approval by the Small Business Administration is required and must be submitted with the 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. The joint venture must be registered in the System for Award Management website (SAM.gov) as a joint venture in order for award to be made.

B. FACTORS TO BE EVALUATED

Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors described below.

Factor 1 – Technical Merit

Factor 2 – Past Performance

Factor 3 – Small Business Participation

Factor 4 – Price

C. FACTOR SUBMISSION REQUIREMENTS AND EVALUATION METHODS

Evaluation Approach

All timely submitted 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). The SSA may limit the number of proposals in the competitive range for purposes of efficiency in accordance with FAR 15.306(c)(2). 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 SSA may reject any offer that contains exceptions. 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. In this solicitation, the words “offer” and “proposal” are used interchangeably. (See definition of “offer” at FAR 2.101.)

Proposal Evaluation

The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. The Government may conduct discussions if the SSA later determines them to be necessary. Further, if the SSA determines that discussions are necessary and if the SSA 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 SSA 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 SSA, independently exercising prudent business judgment, will make the source selection decision based on the proposal that represents the best value to the Government. The SSA will evaluate all proposals in accordance with the factors stated in the solicitation to select the responsible offeror whose proposal is most advantageous to the Government. The SSA will receive a comparative analysis and recommendation from a Source Selection Advisory Council (SSAC) as to which proposal represents the best value to the Government.

FACTOR 1 – TECHNICAL MERIT

Factor 1, Technical Merit includes the following: Construction Sequence and Turnover Plan, and Construction Schedule

In responding to this factor, the objective should be to instill confidence that the offeror thoroughly understands the requirements of the solicitation and 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 or Certain Items of Work, Positions and/or Subcontractors paragraph in Section 00800 of this solicitation, a letter of commitment must be provided as established under “Construction Sequence and Turnover Plan” for any proposed major subcontractor for the following: cutoff wall construction, surface and subsurface water management, placement of Controlled Low Strength Material (CLSM), and blasting. If any of that work is intended to be self-performed, it should be stated in the proposal.

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 a major subcontractor on official company letterhead addressed to the offeror as prime contractor, identifying the work the subcontractor intends to perform, and stating that the subcontractor is 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.

Failure to provide a letter of commitment from any proposed major subcontractor(s) will be noted as a deficiency. Submission of multiple letters of commitment from proposed major subcontractor for the same portion/items of work or position may be noted as a weakness.

Submission Requirements

Construction Sequence and Turnover Plan

In a narrative format, the offeror must describe in detail the proposed Construction Sequence and Turnover Plan regarding how the offeror intends to approach, sequence, and execute the work from start to completion. The plan must include a description of related activities and 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 understands and will successfully complete the project.

At a minimum the Construction Sequence and Turnover Plan must:

1. Outline and illustrate the approach, sequence, and timing of activities that represent work through the entire project from mobilization to demobilization, to include the means and methods for turning over sections (Inclusive of Preliminary Foundation Preparation, Rock Foundation and Geologic Mapping, Final Foundation Preparation, Controlled Low Strength Material (CLSM), CLSM Top Cover, and Cutoff Wall (including Verification Drilling/Testing)) of completed foundation that can be removed from the construction footprint and turned over to the Government in no less than 500-foot segments that meet requirements of sections 01 45 08 and 01 78 02 of the solicitation.

2. Provide a list of equipment (type, model number, and quantity) planned to be utilized to prepare the dam foundation and construct the cutoff wall as specified in sections 02 35 29, 31 23 24, and 31 66 10 of the solicitation.

3. Include a conceptual/draft Rock Foundation Preparation Plan as specified in Section 31 66 10 of the solicitation.

4. Provide discussion of the means and methods of cutoff wall construction and trench excavation through rock, as well as the means and methods of cutoff wall backfill preparation, transport, placement, and slurry management as specified in section 02 35 29.

5. Provide a concept/draft of the proposed plan to manage surface and subsurface water within the limits of construction and/or off-site to include a description of all necessary permits as specified in section 01 57 20 and following all requirements specified in section 31 52 10 of the solicitation.

6. Explain in detail how the offeror will manage access to the site, stockpile areas, and traffic within project access and haul roads to allow for construction and unobstructed access throughout the duration of the project. Include detail for coordination and cooperation with other contractors working near the limits of construction.

7. Provide a detailed explanation of how the offeror will ensure quality control including a description of proposed quality control measures such as materials testing, data management, material management, surveying, etc., as required in section 01 45 04 and section 01 45 08 of the solicitation.

Additional consideration may be given for the Construction Sequence and Turnover Plan that:

8. Describes in detail the external influences on the construction area with respect to items such as groundwater elevation, dewatering, effluent discharge.

9. Includes the work production rate(s) anticipated to maintain the construction schedule, and the means for monitoring the production rate(s).

10. Provides a list of owned or leased construction equipment, the equipment location in relation to the project site, and the equipment(s) availability for use from 2022 through 2027.

11. Coordinates the routing of surface water and subsurface water effluent through on-site canals extending through farms outside the construction limits with local interests (farmers) if off-site discharge is contemplated to be necessary for management of surface and subsurface water.

12. Identifies if cofferdams are proposed, their location, as well as a conceptual design.

13. Identifies intended stockpile areas within the construction limits, to include the material intended to be stockpiled in a specific location.

14. Identifies location of haul roads within the construction limits.

15. Provides estimation of and details related to earthwork cut/fill balances taking into consideration processing rock into satisfactory fill.

16. Provides details for establishing on-site batch plant(s), to include their location within the construction limits, material intended to produce, and daily output anticipated.

17. Provides details related to mobile or stationary equipment necessary for rock crushing and/or processing of excavated material, to include their location within the construction limits, material they’re capable of producing, and daily output anticipated.

18. Includes a conceptual/draft Data Management Plan as specified in section 01 45 08 of the solicitation.

19. Includes a conceptual/draft CLSM work plan as specified in section 31 23 24.

20. Includes a conceptual/draft Cutoff Wall construction plan as specified in section 02 35 29.

21. Includes a conceptual/draft CQC Plan as specified in section 01 45 04.

22. Includes a conceptual/draft master blasting plan as specified in section 31 23 16.

Failure to submit any of the individual minimum requirements for the Construction Sequence and Turnover Plan will be noted as a deficiency.

Failure to provide clear and comprehensive detail to any of the minimum requirements for the Construction Sequence and Turnover Plan may be noted as a significant weakness or weakness.

Construction Schedule

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 contained within the proposed Construction Sequence and Turnover Plan.

At a minimum, the construction schedule must 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. Critical path activities

3. Clearing and grubbing within the construction footprint (including staging, stockpiling, and borrow areas where required)

4. Surface and Subsurface Water Management system(s)

5. Rock Foundation preparation demonstration section

6. Rock Foundation preparation

a. Preliminary Foundation Preparation (including de-mucking/removal of overburden)

b. Rock Foundation Inspection and Mapping

c. Final Foundation Preparation

d. CLSM Dental Treatment

7. Cutoff Wall demonstration section

8. Cutoff Wall construction, to include pretreatment of rock

9. Submittals and Permits

10. Contingency time (e.g., float)

11. Start and End of Project activities

Additional consideration may be given for the proposed Construction Schedule that:

12. Confirms intent to use Primavera P6 scheduling software as specified in section 01 32 01.

13. Identifies long lead procurement activities as specified in section 01 32 01.

Failure to submit any of the minimum requirements for the Construction Schedule will be noted as a deficiency.

Failure to provide clear and comprehensive detail to any of the minimum requirements for the Construction Schedule may be noted as a significant weakness or weakness.

Evaluation Method

The Government will evaluate the Construction Sequence and Turnover Plan, and the Construction Schedule to determine 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 Construction Sequence and Turnover Plan and Construction Schedule will measure how well the means and methods proposed provide the Government with confidence of the offerors understanding of the project and potential for successful project completion in accordance with the solicitation requirements and within the required contract schedule. The Construction Schedule must be corroborated by the Construction Sequence and Turnover Plan.

The Construction Sequence and Turnover Plan evaluation determines the level of understanding of how the offeror intends to approach, sequence, and execute the work from start to completion. Narratives that demonstrate a clear understanding and provide a thorough approach for successfully managing the solicited project that gives the government a higher level of confidence may be rated more favorably by the Government.

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. The offeror’s schedule narrative should be expressed in calendar days, not dates.

The evaluation will include whether the offeror has demonstrated a reasonable understanding of the Construction Schedule. A Construction Schedule shorter than the contract duration of 2044 calendar days indicates the offeror is placing additional risk on the Government for any delays between the scheduled completion date and the required contract completion period. The Government will consider a condensed contract duration, which places additional cost or schedule risk on the Government, or which may create a risk of contract or performance failure as “unacceptable”.

The overall rating for Factor 1 will consider how well the Construction Sequence and Turnover Plan, and the Construction Schedule support one another. Submission of no more than the minimum requirements for the Construction Sequence and Turnover Plan, and the Construction Schedule may receive no higher than an Acceptable rating for Factor 1. Any conflict between the Construction Sequence and Turnover Plan and Construction Schedule may be noted as a significant weakness or weakness.

After listing proposal strengths, weaknesses, significant weaknesses, and deficiencies, the Government will assign an adjective rating of “Outstanding”, “Good”, “Acceptable”, “Marginal”, or “Unacceptable” for this factor to reflect the Government’s confidence in each offeror's technical ability, as demonstrated in its proposal, to perform the requirements stated in the solicitation. An adjectival rating shall be assigned, using the Technical Evaluation Ratings, which incorporate a proposal risk assessment.

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 SSAC, which will conduct a comparative analysis and provide a recommendation to the SSA. The SSA will evaluate all proposals in accordance with the factors stated in the solicitation to select the responsible offeror whose proposal is most advantageous 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 to reflect the Government's confidence in each offeror's technical ability, as demonstrated in its proposal, to perform the requirements stated in the solicitation. 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 an aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during 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 Rating Method

Color Rating

Adjectival Rating

Description

Blue Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to…