B.08.02 FY21 BSNP MATOC RTA Final.pdf

US Army Corps of Engineers Kansas City District Building Strong

Multiple Award Task Order Contract for Construction Services

Missouri River Bank Stabilization and Navigation Project, River Mile 0-500, FY21

As Advertised

Construction Specifications and Solicitation

August 2021

W912DQ21R1042

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TC-1

Kansas City District, Corps of Engineers 647 Federal Building

Kansas City, Missouri 64106

SPECIFICATIONS FOR

MISSOURI RIVER

BANK STABILIZATION AND

NAVIGATION PROJECT

RIVER MILE 0-500

COVER

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00 10 00 Solicitation 00 21 00 Instructions 00 21 16 Instruction to Proposers 00 45 00 Representations and Certifications 00 70 00 Conditions of the Contract 00 72 00 General Conditions

NOTE: THE FOLLOWING SPECIFICATIONS ARE IN THE BASE CONTRACT

AND ARE APPLICABLE TO THIE TASK ORDER.

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 30 00 Administrative Requirements 01 32 16.01 23 Progress Chart (KCD) 01 33 00 Submittal Procedures 01 35 26 Governmental Safety Requirements 01 42 00 Sources for Reference Publications 01 45 00.00 10 Quality Control 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 50 00 Temporary Construction Facilities and Controls 01 57 19 Temporary Environment Controls

DIVISION 2 THROUGH DIVISION 34

(Not Applicable)

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 01 00.00 23 Terminology 35 31 24.00 23 Description and Measurement of Materials 35 35 00.00 23 Dikes, Sills, and Hard Points 35 35 01.00 23 Revetment 35 35 02.00 23 Notch Excavation 35 73 24.00 23 Bankline Excavation

DIVISION 36 THROUGH DIVISION 48

(Not Applicable)

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The contractor shall construct, modify, or repair stone dikes and revetments w ithin the Missouri River betw een the confluence w ith the MIssissippi River (River Mile 0) near St. Louis, MO and Rulo, NE (River Mile 500). Work w ill include rock placement for designated structures as w ell as rock and other material removal from designated structures.

LAURA L HEDRICK (816)389-3023

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

02-Aug-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 ________1825 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________01 Sep 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, KANSAS CITY

FEDERAL BLDG CT-C 601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

816-389-2029 / 2030FAX:TEL: 816-389-3812 TEL: FAX:

W912DQ21R1042 66

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

CAUTION PAGE

BEFORE SIGNING AND EMAILING YOUR PROPOSAL, please take note of the following, as failure to perform any one of these actions may cause your proposal to be rejected.

1. AMENDMENTS: Have you acknowledged receipt of ALL Amendments? If in doubt as to the number of amendments issued, please contact our office.

2. AMENDED PROPOSAL PAGES: If any of the Amendments furnished amended proposal pages, the amended proposal pages must be used in submitting your proposal.

3. BID GUARANTEE: Sufficient bid guarantees should be submitted using the latest version of Standard Form (SF) 24 and must be furnished with your proposal, if your proposal exceeds $150,000.00.

4. MISTAKE IN PROPOSAL: Have you reviewed your proposal prices for possible errors in calculations or work left out?

5. FACSIMILE PROPOSALS AND MODIFICATIONS: Will not be considered.

6. BUY AMERICAN ACT: All offerors are cautioned that, prior Government conduct notwithstanding, the offeror's selection of a domestic construction material which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American Act. It is the Contractor's responsibility to verify, prior to submitting the materials for approval, which each system can be built to meet the contract specifications without the use of foreign construction materials.

7. SUBMISSION OF PROPOSALS AND PROPOSAL OPENING: Mailed or hand-delivered proposals are REQUIRED; if hand delivered, you will be required to wait at security until someone can come and pick them up.

The Contractor is required to ensure that the proposal package is legible and complete. Bid bonds shall be Original and where the seals are legible.

To submit your proposal, hand deliver or mail to:

US Army Corps of Engineers, Kansas City District Attn: Laura Hedrick 601 East 12th Street, Rm 647 Kansas City, MO 64106-2896

Your submittal should consist of the original and five (5) copies of the proposal, and the price volume should consist of the original and two (2) copies for this solicitation.

If you have any questions, contact Contract Specialist Laura Hedrick at (816) 389-3023.

8. SYSTEM FOR AWARD MANAGEMENT (SAM): In accordance with FAR 52.204-7, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://sam.gov/content/home. It is highly encouraged that all prospective offerors start their SAM registration process as soon as possible. SAM.GOV REGISTRATION IS FREE OF CHARGE.

PER FAR 4.1102(a), OFFERORS MUST BE REGISTERED IN THE SAM DATABASE AT THE TIME A

PROPOSAL IS SUBMITTED. AFTER A PROPOSAL IS SUBMITTED AND AN OFFEROR IS FOUND

NOT REGISTERED OR INACTIVE IN THE SAM DATABASE, THE CONTRACTING OFFICER WILL

PROCEED WITH AWARD TO THE NEXT SUCCESSFUL CONTRACTOR.

Ensure that your SAMs (System for Award Management) is up to date, specifically that provisions/clauses FAR 52.204-24 and FAR 52.204-26 are the most current version of the provisions/clauses.

If you were not previously registered, please go to https://sam.gov.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/sam-registration/. THIS IS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE U.S. GOVERNMENT.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 99,500,000 Job

MO RIVER BSNP/MRRP Base Period

FFP

FOB: Destination

PSC CD: Z2PZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Job OPTION MO River BSNP/MRRP Option 1

FFP

FOB: Destination

PSC CD: Z2PZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Job OPTION MO River BSNP/MRRP Option 2

FFP

FOB: Destination

PSC CD: Z2PZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2021 TO

30-SEP-2024

N/A USACE, KANSAS CITY +

JAMES RUDY

MISSOURI RIVER AREA OFFICE 790 E 224

HWY

NAPOLEON MO 64074-7001

816-389-3511

966418

0002 POP 01-OCT-2024 TO

30-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2025 TO

30-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

SCOPE OF WORK

The work includes the work described here and incidental related work.

The Contractor shall construct, modify, or repair stone dikes and revetments within the Missouri River between Rulo, NE (river mile 498.2) and the confluence with the Mississippi River (river mile 0) near St. Louis, MO. Work will include rock placement for designated structures as well as rock and other material removal from designated structures.

The general scope of the work includes, but is not limited to: construction and /or excavation of dikes and revetments. Work consists of transport and placement of new, quarry run rock for repairing existing structures or constructing new structures, as well as removal or notching of existing structures and spoiling the excavated material as directed by the Contracting Officer. All work to be performed will be completed by floating plant as no land access will be available unless authorized by the Contracting Officer. Rock is typically placed or excavated by way of track-hoe from a work barge.

Individual task orders on this contract may also include dredging of the navigation channel or off-channel areas.

Contractor shall be required to be in full compliance with state and federal Clean Water Act Guidelines (Sections 404(b)(1) and 401 water quality permits).

ADDITIONAL INFORMATION

MAGNITUDE OF PROJECT—CONSTRUCTION

The magnitude of this project is represented by the following estimated price range (contracting officer mark as appropriate):

X Between $25,000,000 and $100,000,000

PROPOSALS TO BECOME PART OF THE CONTRACT

1. When an offeror submits its proposal in response to a Request For Proposals (RFP), and a staffing plan including the names and qualifications of key personnel who are proposed to work on the project is required to be submitted, those personnel who are offered will be the same personnel who will actually perform on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute personnel for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute employee. The Contracting Officer shall have the right to review the qualifications of the proposed substitute employee and to approve or disapprove his or her qualifications. If the proposed substitute employee's qualifications are disapproved by the Contracting Officer, the contractor will propose another employee who does possess equivalent qualifications.

2. When an offeror submits its proposal in response to an RFP, and the name of a specific subcontractor is a required submittal, then that subcontractor who is offered will be the same subcontractor who will actually perform the specified work on the project. If, during performance of the contract, it becomes necessary for the contractor to substitute a subcontractor for one of those whose qualifications were the basis for evaluation of the offer and award of the contract, the contractor shall submit to the Contracting Officer the same information that was required in the initial proposal regarding the proposed substitute subcontractor. The Contracting Officer shall have the right to review the qualifications of the proposed substitute subcontractor and to approve or disapprove its qualifications. If the proposed substitute subcontractor's qualifications are disapproved by the Contracting Officer, the contractor will propose another subcontractor who does possess equivalent qualifications.

3. When an offeror submits its proposal in response to an RFP, and a schedule for the performance of the work on the project is a required submittal, the terms of the proposed schedule will become the schedule that will be utilized for completion of the project, adjusted as necessary to reflect the actual issue date of the Notice to Proceed.

4. When an offeror submits its proposal in response to an RFP and that proposal contains any work, materials, methods or other type of betterment that provides an advantage to the Government that is above the minimum requirements contained in the RFP, the terms of the proposal will be the basis for evaluation and, if successful, will become the terms of the contract upon award. If a change in one of those terms is made to one that is less favorable to the Government than the one on which the award of the contract was based, a credit to the Government will be negotiated by the contractor. Only the Contracting Officer has the authority to negotiate a waiver of the terms of the contract.

WAGE RATES

Wage rates will be required and determined per task order requirement.

POINTS OF CONTACT

Title Name Phone Email Contracting Officer Matthew J. Wilson (816) 389-3404 Matthew.J.Wilson@usace.army.mil Contract Specialist Laura L. Hedrick (816) 389-3023 Laura.L.Hedrick@usace.army.mil

Section 00 21 00 - Instructions

SUBMISSION REQUIREMENTS

All proposals are due by: SEE BLOCK 13, on front page

Location:

Bolling Federal Building US Army Corps of Engineers Civil Contracting Branch, 601 E. 12th Street Kansas City, MO 64106

The goal of this RFP is to award a target of four (4) to five (5) Firm-Fixed-Price Indefinite Delivery Indefinite Quantity Base Contracts and one seed task order.

Submit original and five (5) copies of your technical proposal (see Section 00-21-16 for specifications) Submit original and two (2) copies of the price proposal (see Section 00-21-16 for specifications) Submit one (1) of the following with your proposal:

Bid Bonds - required with your submission Provisions/clauses are filled out that have not been acknowledged in SAM registration *Please make sure you have acknowledged the following Provisions/Clauses:

FAR 52.204-24

FAR 52.204-26

Ensure Proposal is reviewed and signed by a Principal of your company with authority to do so

INQUIRIES/QUESTIONS/PLAN ROOM FOR DRAWINGS

Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via the Bidder Inquiry System in ProjNet at www.projnet.org/projnet.

To submit and review inquiry items, offerors will need to be a current registered user or self-register into the system.

To self-register, go to the aforementioned web page and click on Register. Select Agency: USACE, then select Site:

Contractor. Complete the required fields and then click the Register button.

If you are registered, enter the Managing Agency: USACE, your email address, and the Bidder Inquiry Key for this solicitation listed below, check the security box, and then click Sign in.

From this page, you may view all inquiries or add a new inquiry.

Offerors will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team. ***Please Note: Offerors shall only submit one (1) question per inquiry. All inquiries containing multiple questions shall be rejected***

The Solicitation Number is: W912DQ21R1042 The Proposalder Inquiry Key is: JNGRSQ-47ND6S The Plan Room Key is: TTEJC3-3DIUB8

The Bidder Inquiry System will be unavailable for new inquiries after 18 August 2021, at 2PM local Kansas City time in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation, if necessary.

Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The telephone number for the Call Center is 1-800-428-HELP. Email to: staff@projnet.info.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.217-4 Evaluation Of Options Exercised At The Time Of Contract Award

JUN 1988

52.223-4 Recovered Material Certification MAY 2008 52.228-1 Bid Guarantee SEP 1996 52.232-13 Notice Of Progress Payments APR 1984 52.236-28 Preparation of Proposals--Construction OCT 1997 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that --

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –

(i) Those prices,

(ii) The intention to submit an offer, or

(iii) The methods of factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --

(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-priced Multiple Award Task Order Contract (MATOC) contract resulting from this solicitation.

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

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

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

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

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

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

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that --

(a) ( ) It has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) ( ) It has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

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

Furnished per task order 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 between Missouri River Miles 0 (St. Louis, MO) - 500 (Rulo, NE)

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 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

U.S. Army Corps of Engineers, Kansas City District ATTN: Matthew J. Wilson, CECT-NWK-C Federal Building 601 E. 12th Street, RM 647 Kansas City, Missouri 64106-2896

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

52.252-1 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):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/

Defense Federal Acquisition Regulation Supplement (DFARS) https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

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 DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS

SUBMISSION REQUIREMENTS, EVALUATION FACTORS, AND BASIS OF AWARD

1.0 GENERAL PROPOSAL INFORMATION

The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities to perform the contract. The proposal should be practical, legible, clear and coherent.

The technical proposal shall address the Offeror’s proposed approach to fully perform the requirements of the RFP.

Offerors are discouraged from providing information not required by the RFP.

2.0 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

All Offerors shall be required to submit a proposal with the minimum content as specified herein. Proposals without the minimum content may be rejected. Proposals will be received until the date and time indicated on Standard Form 1442 at the following address:

U.S. Army Engineer District, Kansas City Federal Building Room 647 ATTN: CENWK-CT-C, Laura Hedrick 601 East 12th Street Kansas City. Missouri 64106-2896

3.1 PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

A. In order to be considered for award of a contract for the requirements of this solicitation, the Offeror must submit a proposal with its offer. Failure to submit a complete proposal may result in the entire offer being rejected. The proposal shall consist of two Volumes:

(1) Volume 1, Technical Proposal

(2) Volume 2, Price Proposal, consisting of an original signed Standard Form 1442 “Solicitation, Offer, and Award”; providing a price for all line items for the first task order in the corresponding bid schedule; and acknowledgment of all amendments to the solicitation.

B. Proposal Characteristics

(1) Each Volume shall contain a table of contents. All text must be legible and easily read. The page size of the Offeror’s proposal shall not exceed 8-1/2 by 11 inches. Diagrams, charts and tables shall conform to the paper size. All text shall be typed single-spaced. Margins (1-inch) shall be clean and clear. If fold-out charts are unavoidable, and are to be utilized, all sheets shall be reproduced on 11 by 17 inch, and folded to 8-1/2 by 11 inch size with the title clearly visible at the bottom right corner when folded.

Offerors shall limit Volume 1, Technical Proposal, to a maximum of 20 pages. Pages in excess of 20 pages will not be evaluated.

(2) Volumes shall be contained within separate 3-ring loose leaf binders and submitted in the following quantities (no heat or spiral bound volumes).

Volume 1 – Technical Proposal Original & 5 copies Volume 2 – Price Proposal Original & 2 copies

An electronic copy of each volume on separate CDs/DVDs shall also be provided in PDF format. USB flash drives, also called “thumb drives” or “jump drives”, are not an acceptable media/format to submit electronic proposals.

(3) Each Volume of the proposal shall be identified on the cover by the Solicitation Number, project title, name, address, and telephone number of the Offer, and one of the following on each volume in bold letters:

VOLUME 1: TECHNICAL PROPOSAL

VOLUME 2: PRICE PROPOSAL

(4) The Proposal’s clarity, organization and cross referencing are mandatory. No material shall be incorporated by reference. General cross-references or cross referencing guides will not be considered appropriate cross-references.

(5) The Proposal shall be organized by factors. They shall be described in separate sections, appropriately tabbed in a report form. All pages of each factor shall be sequentially numbered. Elaborate or lengthy presentations are not necessary or desirable.

(6) The Technical narrative shall be written in a way to demonstrate a clear understanding of the requirements, but should not simply parrot the specifications. The Technical proposal shall not refer the reviewer to information contained in the Price proposal.

C. Additional Information to Be Provided in Volume 2.

Pro Forma Requirements. This information should be submitted in an envelope labeled “Pro Forma Requirements”. Provide an original and two copies.

This information consists of the following:

- The Offeror will submit a cover letter containing:

1) Solicitation number.

2) Name, address, email, and telephone and fax numbers of the Offeror.

3) Names, title, email, and telephone and fax numbers of persons authorized to negotiate on the

Offeror’s behalf with the Government in connection with this RFP.

4) Name, title and signature of the person authorized to sign the proposal.

5) A statement specifying agreement with all terms, conditions and provisions included in the RFP.

- The Offer (the SF1442) duly executed with an original signature by an official authorized to bind the company. Include the Offeror’s DUNS number in block 14.

- Acknowledgement of all amendments to the RFP in accordance with the instructions on the Standard Form 30 (amendment form).

- The completed Section 00 45 00 of the RFP (Representations and Certifications) and the ORCA certification.

- Proposal Bond- Bid Guarantee for each task order for which the Offeror is submitting a price proposal.

- Subcontracting Plan for base ID/IQ contract, if applicable.

- Financial statement and bank letter that verify that sufficient funds will be available to finance the work.

- The completed FOOH certification.

4.1 INQUIRIES/QUESTIONS

A. Prospective Offerors shall submit contracting and technical inquiries and questions concerning this solicitation document via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on the next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add a new inquiry.

3. Offerors will receive an acknowledgement of their questions via email, followed by an answer to their questions after it has been processed by our technical team.

***Please Note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions shall be rejected.

4. The Solicitation Number is: W912DQ21R1042

5. The Bidder Inquiry Key is: JNGRSQ-47ND6S

B. The Bidder Inquiry System will be unavailable for new inquiries ten (10) calendar days before proposal due date in order to ensure adequate time is allotted to form an appropriate response to inquiries and amend the solicitation if necessary.

C. Offerors are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

D. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago) or by appointment for OCONUS. The telephone number for the Call Center is 1-800-428-HELP. Email to staff@rcesupport.com.

5.1 JOINT VENTURES

Joint Ventures shall submit the following additional documentation regarding their business entities:

A. A certified copy of their Joint Venture agreement.

B. A detailed statement outlining the following in terms of percentages, where appropriate:

1. The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

2. The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

3. The structure of the joint venture and decision-making responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

4. The bonding responsibilities of the joint venture parties.

5. Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

6. Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

7. Identification of party furnishing the facilities, such as office supplies and telephone service.

8. Identification of party having overall control of the joint venture.

9. Joint Venture CAGE code.

Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture.

If one of the joint venture parties possesses experience and/or past performance as a Federal Government contractor or as a Corps of Engineers contractor, that experience and/or past experience will be included as the experience and/or past experience of the joint venture.

6.0 BASIS FOR AWARD

The Government intends to establish a multiple award ID/IQ contract that will enable it to allow members of the contract pool to compete for future task orders. A target of four (4) to five (5) ID/IQ contracts will be issued from this solicitation to the responsible offeror(s) whose proposal conforms to the solicitation and is determined to be the Lowest Priced/Technically acceptable (LPTA) value to the Government. The Government reserves the right to award fewer contracts or none at all based on the proposals received. The Government intends to make its decision without discussions, but reserves the right to do so if the Contracting Officer determines it is necessary. The Government will base its evaluation on the following factors.

The two Technical Factors – Similar Work Experience and Technical Capabilities are equal in order of importance.

In order to be considered eligible for award, the proposal must be considered “acceptable” for each of the non-price evaluation factors. For the purpose of awarding the base ID/IQ contract(s), the price factor will be determined using the price submitted by the offeror(s) for the first task order.

The first task order is included with this package. The Government intends to award a task order concurrently or very soon after award of the base contract(s). Offerors must submit a price for the first task order in order to be considered eligible for award of a base ID/IQ contract.

As stated, award of the base ID/IQ contracts will be based on the evaluation of pricing for the first task order only.

The first task order will be awarded to the lowest price offered for the first task order from among those offerors selected for a base contract award.

7.0 SOURCE SELECTION PROCESS

All offers received in response to this solicitation will be evaluated in accordance with informal source selection procedures. The principal objective of this process is to select a responsible Offeror(s) who submits the offer that is the lowest priced, technically acceptable value to the Government. The process is designed to ensure the impartial, equitable, and comprehensive evaluation of all technically acceptable, responsible proposals received in response to this particular solicitation.

Source Selection Team

The Source Selection Team is established as a separate organization and management chain of command whose only purpose is to accomplish the objective above. The organization consists of a Source Selection Authority (SSA) and a Source Selection Evaluation Board (SSEB). The SSEB is comprised of separate Technical and Price teams. The organization is designed to ensure active ongoing involvement of appropriate contracting, technical, logistics, legal, price analysis, and other functional staff management expertise.

Source Selection Procedure

The source selection procedures will begin with an initial review of proposals and continue with a technical and price evaluation conducted by the SSEB. The SSEB shall evaluate the proposals based solely on the evaluation criteria identified below. The results of the SSEB evaluations will be presented to the SSA, who will make the final source selection decision or determine whether it is appropriate to engage in Clarifications or Communications prior to the establishment of a Competitive Range, or to establish a Competitive Range and conduct Discussions with those Offerors that are included in the Competitive Range. The Government intends to award without Discussions, however, the Government does reserve the right to conduct discussions if determined necessary. All Communications leading to establishment of the Competitive Range will be conducted in accordance with FAR Part 15.306b.

If a Competitive Range is established, Discussions will be conducted with Offerors who are included in the Competitive Range. After conclusion of Discussions and receipt of final revised proposals (if applicable), the SSEB will complete the evaluation and establish the final weighted technical ratings and present them to the SSA. The SSA will then review the proposals and make the final source selection decision.

The proposals received in response to this solicitation will be evaluated individually to select the most advantageous proposal. To be considered acceptable, each Offeror shall specifically address each of the evaluation factors listed below. Sufficient detail shall be provided, citing specific data as may be required, such that the proposal may be adequately evaluated. The proposal must show clearly that the Offeror has an understanding of the work tasks required and has the capability and responsibility to accomplish the work.

The Government is not responsible for information overlooked during the evaluation which is not located in the appropriate proposal section. To ensure the evaluation credit is appropriately received for proposal material submitted, do not incorporate by reference documents not contained in the proposal. References to sections of the proposal shall be by specific paragraph number (and name, if applicable), page number, and section.

8.1 TECHNICAL FACTORS

VOLUME 1, TAB A – FACTOR 1 – Similar Work Experience.

A. Submission Requirements

The Offeror shall provide a minimum of three (3) projects and a maximum of five (5) projects completed within the last ten (10) years that demonstrate experience as they relate to Factor 1-Similar Work Experience. For each project, provide the following: Project name, a short description of the work, contract amount, owner’s name and telephone number, completion date and percentage of project completed using your own forces. The projects shall be of similar type and complexity as this project. Acceptable projects of similar type and complexity are projects valued over $500,000 that were performed from a floating barge, involved rock placement, and demonstrates experience in at least one of the following areas:

F-1A. Placing stone on specified structures and under water to a specified depth using floating plant within an inland river system.

F-1B. Using barges with equipment to draft 6 feet of water or less to access areas behind or around structures with slower moving water.

F-1C. Loading barges safely with mobile loading system or dock barge.

If the Offeror represents the combining of two or more…