B.08.02 Solicitation 23B0001.pdf

McNary Navigation Lock Pow er and Controls Upgrade

X

CHANDRA D. CROW 509-527-7202

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

23-Nov-2022

(RFP)

(IFB)

CALL:

MNA Pow er and Controls Upgrade

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 ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 70 00

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 ______________23 Dec 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 offers 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 _______45 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

USAED, WALLA WALLA - CONTRACTING DIV.

CHANDRA D. CROW

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

W912EF

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.

467365

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

509-527-7802FAX:TEL: 509-527-7202 TEL: FAX:

W912EF23B0001 55

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

W912EF23B0001

Section 00 01 10 - Table of Contents

INDEX

Section 00 10 00, Solicitation Contract Form

Section 00 21 00, Instructions

Section 00 45 00, Representations and Certifications

Section 00 70 00, Contract Clauses

Section 00 73 00, Special Contract Requirements

Technical Specifications

Drawings as listed in Section 00 70 00

Wage Determination

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination 7 02-NOV-2022

Attachment 2 Technical Specifications 589 02-NOV-2022

Attachment 3 Plans 179 02-NOV-2022

Attachment 4 Plans - Resource 1 52 02-NOV-2022

Attachment 5 Plans - Resource 2 37 02-NOV-2022

Attachment 6 Plans - Resource 3 24 02-NOV-2022

Attachment 7 Plans - Resource 4 21 02-NOV-2022

Attachment 8 Plans - Resource 5 54 02-NOV-2022

Section 00 10 00 - Solicitation

BID SCHEDULE

Walla Walla District Corps of Engineers

McNary Navigation Lock Power and Controls Upgrade

The magnitude of construction is estimated to be between $10,000,000 and $25,000,000

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

Items

McNary Navigation Lock Power and

Controls Upgrade

JOB

XXXXXX

SCHEDULE TOTAL $_____________

IMPORTANT See Section 01 22 00.00 28; MEASUREMENT AND PAYMENT; Paragraph; Retainage of

Payment, for withholding of payment for final deliverables. Funds are not currently available. Award cannot be made until funds become available.

U/M* = Unit of Measure

U/P* = Unit Price

QTY* = Quantity

BIDDER INQUIRY

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a website that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at

(https://www.projnet.org)

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 information key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

Bidder Inquiry Key: CA23Y8-2X9BUQ

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The

Government will make every effort to answer all bidder inquiries; however, the closer to the bid or proposal due date an inquiry is received, the less likely it is that a timely response can be provided.

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

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

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

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

5. 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.

https://www.projnet.org/

6. 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.

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

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word

"Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull-down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret

Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

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

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

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

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

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

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428-

HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info.

BONDS: If the successful bidder, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed payments bonds or alternate payment protection within 10 Calendar days after receipt of the contract award forms by the offeror, the Contracting Officer may terminate the contract for default/cause.

ATTENTION TO BIDDERS

1. Responsibility Criteria IAW FAR Subpart 9.1: To ensure award is made to the responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the

Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective

Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see form below);

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

mailto:staff@projnet.info

(c) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirements;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. ATTENTION: Definitive Responsibility Criteria (DRC): In addition to examining the criteria in FAR

9.104-1 as listed above, the Contracting Officer will also examine whether the low bidder can meet the requirements of the definitive responsibility criteria mentioned in section 1) below. THIS

INFORMATION WILL BE REQUESTED AFTER BID OPENING. The apparent low bidder will be required to meet the following experience requirements:

Definitive Responsibility Criteria (DRC):

1) Provide a minimum of (2) projects completed* within the last (6) years** that include experience in electrical industrial installation and commissioning similar to the scope and complexity required in the solicitation. ***

a) Offerors shall submit the following:

i) Completed equipment upgrade of 5kVA-5000kVA power distribution system that collectively include the following:

(1) Medium voltage (1kV-69kV) and low voltage (below 1kV) switchgear/switchboard, low voltage motor control center, panelboards and motors.

(2) Medium voltage oil filled/dry type transformer installation.

(3) Medium voltage (2.4kV-35kV) conductors and conduits/trays.

(4) Low voltage (Below 1kV) conductors and conduits/trays.

ii) Completed equipment upgrade of 24VDC, 480/120VAC industrial control systems that collectively include the following:

(1) Fiber & Ethernet Industrial network

(2) Instrumentation, Programmable Logic Controller (PLC) & Human-Machine Interface (HMI)

(3) Variable frequency drive (VFD) motion control

(4) Close-circuit television (CCTV) system

FOR THE DRC ABOVE:

* All project examples must include documentation that show a minimum of 75% complete in order to be considered.

** Define “6 years” as 6 years from the date solicitation is posted.

*** If submitting experience of a subcontractor, a letter of commitment must be included for their experience to be considered.

2) The Contracting Officer will verify the submitted projects meet the definitive responsibility criteria as part of the responsibility determination.

3) Along with the Definitive Responsibility Criteria above, the apparent low bidder will be required to provide the following information for the Government’s use in the determination of Bidder(s) responsibility (See 1

(a) above).

a) Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal/calendar year and certified by an officer of the company.

b) The name of your banking institution, telephone number and the name of the individual to contact for a line-of-credit reference. (If you are the apparent low bidder, please contact your bank reference to let him/her know our office will be calling for financial information.)

Bank Institution ________________________________

Telephone Number ______________________________

Contact ________________________________________

Email Address __________________________________

Tax Identification Number ________________________

c) List of present work to include agency or firm name, address, telephone number, and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

Will performance of the present work inhibit your ability to perform this contract? ___________

Offeror’s email address: ____________________________________

Please return completed information listed above with all attachments copies of education and experience credentials including examples of fish sampling permits and reports that document Definitive Responsibility Criteria information from #2 above to:

Email: chandra.d.crow@usace.army.mil

INSTRUCTIONS TO BIDDERS

OFFERORS are required to complete and submit the Standard Form 1442 Back, Bid Schedule, and Section 00 45

00, Representations and Certifications.

PRICE BASIS

Bidders are advised that only bids submitted on a firm price basis will be considered, and that bids submitted on any other than firm price basis will be rejected. (FAR 14.201-2 (a)) NOTE; Bid prices must include all Federal, state, and local taxes in accordance with Contract Clause: FEDERAL, STATE, AND LOCAL TAXES.

BID SUBMISSION INSTRUCTIONS

Bidders shall submit their bids to the following address no later than the date and time established in Block 13 of the

Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable.

Attn: Chandra Crow

Contracting Division

201 N 3rd Ave

Walla Walla, WA 99362

OFFICE PHONES ARE NOT FOR USE BY BIDDERS ON BID OPENING DAY.

mailto:chandra.d.crow@usace.army.mil

TELEGRAPHIC BID MODIFICATIONS. The Walla Walla District does not have in-house capability of receiving telegrams directly. Offerors wishing to modify their bid/proposal by telegram are urged to ensure that telegrams are submitted in sufficient time to allow for arrival via U.S. Postal service at the Walla Walla District office PRIOR to the time specified in the solicitation for receipt of bids/proposals.

FAXED BIDS, FAXED BID MODIFICATIONS WILL NOT BE ACCEPTED.

Bid price alterations, i.e., crossed-out or white-out changes on the bid will not be accepted unless the change (s) is/are initialed by the person authBVrized to sign bid package.

ENVELOPE(S), PURSUANT TO FAR 14.201-5

Envelope (s) shall be plainly marked with the following information:

Solicitation No. __________________________________

Opening Date ___________________________________

Number of each amendment acknowledged

Attn: Chandra Crow

Contracting Division

201 N 3rd Ave

Walla Walla, WA 99362

Contact the following POC’s with any questions regarding bid submissions only. Please see the bidder inquiry information for the process on submitting all other project questions.

Jani Long, Contracting Officer: Jani.C.Long@usace.army.mil

Chandra Crow, Contracting Specialist: chandra.d.crow@usace.army.mil

LeAnne Walling, Contracting Specialist: leanne.r.walling@usace.army.mil

ADDITIONAL BID SUBMISSION OPTIONS:

You may also submit your bid via email to each of the email addresses above. Each email shall contain the following information:

Solicitation No. W912EF23B0001

Bid Due Date and Time: December 23, 2022; 2:00PM

Bid Validity Date: (45 days from the bid due date)

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued

SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must make every effort to ensure the bid is delivered by the date and time specified.

The following additional restrictions apply in the event an electronic form of bid is submitted:

a. File Packaging. All the bid files shall be compressed (zipped) into one file entitled bid zip using WinZip version

6.2 or later, or as separate uploads in their native format, i.e., doc, xls, ppt, etc., and provided on CDs or DVDs. Zip disks are not permitted. Files shall be in read-only format, using PDF files. All price breakdown information to aid in the Price evaluation shall be submitted in Microsoft Office Excel Read/Write format. Each disc shall be externally labeled with the volume number, date, and the bidder’s name. **Please note – Self extracting exe files are not acceptable. **

b. Content Requirement. All information shall be confined to the appropriate file. The bidder shall confine submissions to essential matters, sufficient to define the proposal in a concise manner, to permit a complete and mailto:Jani.C.Long@usace.army.mil mailto:leanne.r.walling@usace.army.mil accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary

Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked.

BID QUANTITIES

Bids for less than specified quantities of each item in Section 00 10 00 of the Schedule will not be considered.

Failure to submit a unit price for each item where required in the Schedule will be considered as a material deviation from the requirements of the solicitation, and the bid will be rejected. (FAR 14.201-5)

BID OPENING

Bidders are advised there will be a physical bid opening held for this invitation for bids. The bid opening will be held in the Bid Opening Room at 201 N 3rd Ave, Walla Walla WA, 99362, at 1:00 pm on the date bids are due.

Bidders wishing to participate in the bid opening must email a list of participants to both Contracting Officer

(Jani.C.Long@usace.army.mil) and Contract Specialist (chandra.d.crow@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time so a list of names can be provided to security.

ARITHMETIC DISCREPENCIES

(a) The following will be used in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) In a discrepancy between unit price and extended price, the unit price stated on the bid schedule will govern;

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

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

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

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

SPECIAL INSTRUCTIONS

INVOICES/PAYMENT REQUESTS: Invoices/payment requests must be submitted to Corps of Engineers, Walla

Walla District, Attention: Construction Branch, 201 N. Third Ave., Walla Walla, WA 99362.

BONDS: If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed payments bonds or alternate payment protection within 10 Calendar days after receipt of the contract award forms by the offeror, the Contracting Officer may terminate the contract for default/cause.

SITE VISIT: Please see clause 52.236-27 for site visit information.

mailto:Jani.C.Long@usace.army.mil

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

Requirements for Construction clause of this solicitation.

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

Goals for minority participation for each trade

Goals for female participation for each trade

3.0% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is McNary Dam, Umatilla County, Umatilla OR, 97882.

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.

52.228-1 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 twenty percent of the bid price or $3,000,000, 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

201 N. 3rd Ave, Walla Walla Wa 99362

(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)

(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--

December 08, 2022

10:00AM PST

(c) Location best for folks to navigate to, would be, lat/long 45.942266725751836, -119.30011404852583 for the

Washington side gate access.

(d) Contractor vehicles are directed to park outside of the gate and identified personnel will check in with the guard at the Washington gate and must have a valid ID and closed toe footwear. See section (f) below for further check-in directions.

(e) Backpacks, large bags or purses are not normally authorized, but if it is a determined need (i.e., computers/water/lunches), then those items must be inspected by the security guard. Medical devices are authorized.

(f) A list of contractors attending the walk through will be provided to the guards on duty. Please contact Chandra

Crow at chandra.d.crow@usace.army.mil & Jani Long at jani.c.long@usace.army.mil no later than 13:00 (1:00 PM) the day prior to the scheduled site visit to be added to the list to assure entry will be granted. Personnel not identified on the access list will not be granted access.

ACCESS FOR FOREIGN NATIONALS: Security clearance for foreign nationals to attend a site visit requires a minimum of 4 weeks; therefore, clearance should be requested immediately. To request clearance, please submit the names of all foreign nationals proposed for site visit attendance, along with documentation to verify that they were legally admitted into the United States and have authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of

Naturalization (INS Form N-550 or N-570), foreign passport with 1-551 stamp or attached INS Form 1-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form 1-151 or 1-551), Temporary Resident Card (INS Form 1-688), Employment Authorization Card (INS Form l-688A), Reentry Permit

(INS Form 1-327), Refugee Travel Document (INS Form 1- 571), Employment Authorization Document issued by the INS which contains a photograph (INS Form 1-688B). Send this information by email to jani.c.long@usace.army.mil and chandra.d.crow@usace.army.mil. Foreign nationals must have received clearance prior to being granted access to the project site.

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 mailto:jani.c.long@usace.army.mil 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):

https://www.acquisition.gov/

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 (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 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.219-7000 Advancing Small Business Growth SEP 2016

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16,500,000.

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Products Under Service and Construction Contracts.

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

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

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

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

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

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

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

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

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

52.225-5.

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

https://www.sam.gov/

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.