B.08.02 Solicitation.pdf

W912DQ-20-R-4021

US Army Corps of Engineers Kansas City District Building Strong

Flood Repairs

Fort Leavenworth, Kansas

VOLUME 1 OF 2- Division 01 through Division 40.

Construction Solicitation and Specifications

As Advertised

July 2020

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DEPARTMENT OF THE ARMY

KANSAS CITY DISTRICT, CORPS OF ENGINEERS

757 FEDERAL BUILDING

KANSAS CITY, MISSOURI 64106

SPECIFICATIONS FOR CONSTRUCTION OF

FLOOD REPAIRS

FORT LEAVENWORTH, KANSAS

TABLE OF CONTENTS

COVER

TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 21 16 INSTRUCTIONS TO PROPOSERS

00 45 00 REPRESENTAION AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 35 29.16 FLOOD CONTINGENCY PLAN

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 ENVIRONMENTAL CONTROLS

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 05 - METALS

05 50 14 STRUCTURAL METAL FABRICATIONS

05 50 15 CIVIL WORKS FABRICATIONS

05 59 20 FABRICATION OF HYDRAULIC STEEL STRUCTURES

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 82 14 FIBERGLASS REINFORCED PLASTIC (FRP) PIPE AND TUBE RAILINGS

DIVISION 09 - FINISHES

09 97 02 PAINTING: HYDRAULIC STRUCTURES

DIVISION 10 - SPECIALTIES

10 14 53 TRAFFIC SIGNAGE

DIVISION 13 - SPECIAL CONSTRUCTION

13 34 19 METAL BUILDING SYSTEMS

DIVISION 25 - INTEGRATED AUTOMATION

25 05 11 CYBERSECURITY FOR FACILITY-RELATED CONTROL SYSTEMS

DIVISION 26 - ELECTRICAL

26 05 19.10 10 INSULATED WIRE AND CABLE

26 08 00 APPARATUS INSPECTION AND TESTING

26 12 19.10 THREE-PHASE, LIQUID-FILLED PAD-MOUNTED TRANSFORMERS

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 28 00.00 10 MOTOR CONTROL CENTERS, SWITCHBOARDS AND PANELBOARDS

26 28 01.00 10 COORDINATED POWER SYSTEM PROTECTION

26 29 01.00 10 ELECTRIC MOTORS, 3-PHASE VERTICAL INDUCTION TYPE

26 41 00 LIGHTNING PROTECTION SYSTEM

26 56 00 EXTERIOR LIGHTING

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE - HIGH PERFORMANCE TURF REINFORCING MAT

31 41 16 METAL SHEET PILING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 01 16.71 COLD MILLING ASPHALT PAVING

32 11 23 AGGREGATE BASE COURSES

32 12 13 BITUMINOUS TACK COATS

32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS

32 15 00 AGGREGATE SURFACING

32 16 19 CONCRETE CURBS, GUTTERS AND SIDEWALKS

32 17 23 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCES AND GATES

32 92 19 SEEDING

DIVISION 33 - UTILITIES

33 40 00 STORM DRAINAGE UTILITIES

33 71 01 OVERHEAD TRANSMISSION AND DISTRIBUTION

33 71 02 UNDERGROUND ELECTRICAL DISTRIBUTION

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 20 16.53 - VERTICAL LIFT GATES

35 20 20 - ELECTRICAL EQUIPMENT FOR GATE HOIST

35 45 02.00 10 - SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED-FLOW TYPE

DIVISION 40 - PROCESS INTEGRATION

40 05 13 PIPELINES, LIQUID PROCESS PIPING

40 60 00 PROCESS CONTROL

-- End of Project Table of Contents --

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Flood Repairs at Ft. Leavenw orth, KS.

PROJECT DESCRIPTION: The purpose of this solicitation is to aw ard a single f irm fixed price (FFP) construction contract for the Flood Repairs at Ft. Leavenw orth, Kansas.

The scope of w ork for this Design-Bid-Build contract includes the follow ing:

The repair from civil infrastructure damages at Fort Leavenw orth levees as a result of the high-w ater events in the Spring of 2019. Repairs include but are not limited to flood control structures and channel linings, replacement of culverts, f lood gates, and by-pass pumps. Also included are repairs of levee culverts and overtopping structures, repair of erosion on levees, and replacement of w eir gates, replacement of pump houses and pumps, and sediment removal and grading. Also repair by replaement of the underground storm sew er system and full depth replacement of associated bitumious pavements.

The requirement is an Unrestricted/Full and Open competitive acquisition; both small and large businesses are eligible to respond. The Government proposes to issue a firm f ixed price type contract for this project.

NAICS Code: 237990 (Size Standard: $39.5M) In accordance w ith FAR 36.204 and DFARS 236.204, the estimated magnitude of this project is betw een $10,000,000 and $25,000,000.

CAROL W HODGES 816-389-3732

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

06-Aug-2020

(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 ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Sep 2020 (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 _______120 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-M RM 647; 601 E 12TH ST

KANSAS CITY MO 64106-2896

W912DQ

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

816-389-2030FAX:TEL: 816-389-3976 TEL: FAX:

W912DQ20R4021 96

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

W912DQ20R4021

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Northwest Levee Extension

FFP

Northwest Levee Extension - Includes all pricing related to the construction of the Northwest Levee Extension per the contract documents.

FOB: Destination

NET AMT

0002 1 Job Chief J. Lane & Quarry Creek Diversion

FFP

Chief Joseph Lane and Quarry Creek Diversion Channel - Includes all pricing related to the construction of Chief Joseph Lane and Quarry Creek Diversion Channel.

0003 1 Job South Levee and Pump Stations 1 & 2

FFP

South Levee and Pump Stations 1 & 2 - Includes all pricing related to the construction of South Levee and Pump Stations 1 and 2 per the contract documents.

0004 1 Job Contractor Manpower Reporting (CMR)

FFP

Contractor Manpower Reporting- The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

http://www.armycmra.dmdc.osd.mil/default.aspx?ReturnUrl=%2f. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of the contract/task order performance.

Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil/.

0005 1 Job OPTION UPRR Drainage Project

FFP

UPRR Drainage Project - Includes all pricing related to the construction of UPRR Drainage Project per the contract documents.

0006 1 Job OPTION North and East Levee Repairs

FFP

North and East Levee Repairs - Includes all pricing related to the construction of North and East Levee Repairs per the contract documents.

0007 1 Job OPTION Regrading of Drainage Ditches & Culverts

FFP

Interior Regrading of Drainage Ditches and Culverts - Includes all pricing related to the construction of Interior Regrading of Drainage Ditches and Culverts per the contract documents.

0008 1 Job OPTION RIPRAP Levee Face Above Elevation 16 Ft

FFP

RIPRAP Levee Face Above elevation 16 Feet of Flood Stage - Includes all pricing related to the construction of RIPRAP Levee Face Above elevation 16 Feet of Flood Stage per the contract documents.

0009 1 Job OPTION Quarry Creek Channel Lining

FFP

Quarry Creek Channel Lining - Includes all pricing related to the construction of Quarry Creek Channel Lining per the contract documents.

0010 1 Job OPTION Electrical Work

FFP

Electrical Work - Includes all pricing related to the electrical work per the contract documents.

0011 1 Job OPTION Coffer Dam

FFP

Coffer Dam - Includes all pricing related to the design and construction of coffer dam flood protection for contractor's site during construction.

0012 1 Job OPTION Common Excavation Levee Clays

FFP

10,000 Cu. Yd. Common Excavation Levee Clays - Levee clays furnished from Fort Leavenworth.

0013 1 Job OPTION Common Excavation Borrow

FFP

10,000 Cu. Yd. Common Excavation Borrow - Borrow furnished from Fort Leavenworth.

0014 1 Job OPTION Contractor Furnish Excavation

FFP

10,000 Cu. Yd. Contractor Furnished Excavation Levee Clays - Levee clays furnished from location outside of Fort Leavenworth.

0015 1 Job OPTION Contractor Furnished Excavation Borrow

FFP

10,000 Cu. Yd. Contractor Furnished Excavation Borrow - Borrow furnished from location outside of Fort Leavenworth.

CLAUSES INCORPORATED BY FULL TEXT

SCR_CT_007 MAGNITUDE OF PROJECT—CONSTRUCTION (Jul 2002)

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

_____Less than $25,000

_____Between $25,000 and $100,000

_____Between $100,000 and $250,000

_____Between $250,000 and $500,000

_____Between $500,000 and $1,000,000

_____Between $1,000,000 and $5,000,000

_____Between $5,000,000 and $10,000,000

XX__Between $10,000,000 and $25,000,000

_____Between $25,000,000 and $100,000,000

_____Between $100,000,000 and $250,000,000

_____Between $250,000,000 and $500,000,000

_____Over $500,000,000

(End)

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Carol W. Hodges PHONE: 816-389-3732 E-MAIL: Carol.W.Hodges@usace.army.

mil

PROJECT

MANAGER:

Elspeth M.

Malcolm

PHONE: 816-389-2080 E-MAIL: Elspeth.M.Malcolm@usace.ar my.mil

TPL_NWK_002 PROPOSALS TO BECOME PART OF THE CONTRACT

1. When an offeror submits its proposal in response to a Request For Proposals, 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 a Request For Proposals, 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 a Request For Proposals, 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 a Request For Proposals 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.

(End)

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

(a) Definitions. As used in this provision--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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.

52.222-23 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

10.0% 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

Fort Leavenworth, Leavenworth County, Kansas.

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 20% 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

U.S. Army Corps of Engineers Kansas City District 601 E. 12th St, Suite 635 Kansas City, MO 64106-2824

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

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

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

(b) An organized site visit has been scheduled for— Tuesday, August 11, 2020 at 10:00 AM local time

(c) Participants will meet at—

Building 85 (DPW Admin Building)

810 McClellan Avenue Fort Leavenworth, Kansas

Site visit POC is Jake Horton at email: anthony.j.horton@usace.army.mil

(d) All participants shall wear face masks. No one will be allowed on the site visit without a face mask.

(e) Participants who need access to get on post will need to go the Visitor Control Center (VCC) on 4th and Metropolitan. Allow sufficient time to obtain a pass.

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):

FAR:

https://www.acquisition.gov/FAR/

DFARS:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

AFARS:

https://www.acquisition.gov/afars

252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense 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.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

Section 00 21 16 - Instructions to Proposers

INSTRUCTION TO OFFERORS

APPENDIX C

SECTION 00 22 11: BEST VALUE EVALUATION FACTORS ONE STEP

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 Request for Proposal (RFP). Offerors are discouraged from providing information not required by the RFP.

2.0 GENERAL PROPOSAL SUBMISSION INSTRUCTIONS

INSTRUCTIONS FOR SUBMITTING ELECTRONIC PROPOSALS:

DoD SAFE (Secure Access File Exchange) is a web-based tool that provides authenticated DoD CAC users and guests (unauthenticated users) the capability to securely send and receive large files, including files that are too large to be transmitted via email. Guests can receive files from CAC users and (only if CAC users requested files) send files to CAC users. Notification is achieved via email. In effort to reduce paperwork and cost, all proposals shall be submitted electronically through the SAFE site. Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site.

Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

SAFE INSTRUCTIONS

The Offeror’s proposal shall be submitted electronically, as described below. The Offeror’s proposal shall not contain classified data. The use of hyperlinks within a proposal is prohibited.

NOTE: The only authorized transmission method for proposals in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s proposal must be received by the Government by the date/time specified in the solicitation. Offerors shall electronically submit their proposals using the following link:

https://safe.apps.mil/

Failure to properly submit a proposal by the due date and time specified in the solicitation will render it late, and late proposals will be rejected. As this is an electronic submission subject to internet connectivity and other potential network traffic issues, offerors are cautioned to plan accordingly.

REQUEST FOR UPLOAD CODE: In order to electronically submit a proposal through DoD SAFE, offerors must email Contract Specialist Carol W. Hodges at carol.w.hodges@usace.army.mil and Contracting Officer Alice M. Jeffres at alice.m.jeffres@usace.army.mil no later than five (5) working days prior to the proposal due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before proposal submission date may not receive a request code in time to upload their submission. For larger submissions that require multiple sessions to upload, multiple codes may need to be requested. Please plan accordingly when requesting a code(s) for uploads in order to have sufficient time to upload prior to the proposal due date.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s). Title the files(s):

Solicitation#_COMPANY NAME_Cover letter and TAB A Solicitation#_COMPANY NAME_TABs B-C Solicitation#_COMPANY NAME_TAB D Solicitation#_COMPANY_NAME_TAB E

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.) Submission shall be in Adobe PDF format.

INSTRUCTIONS FOR USING THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a Common Access Card (CAC) or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.

The email address for the Contract Specialist for this solicitation is carol.w.hodges@usace.army.mil AND the Contracting Officer is alice.m.jeffres@usace.army.mil. The email address of the Government Employee who initiated the request code will be automatically populated. The Offeror must enter the email address for both the Contracting Officer and Specialist. The Offeror can enter an additional email address if desired. After entering an email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your proposal to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. Successful file submission will be confirmed by the ‘Drop-Off Completed” screen which generates once a file is uploaded.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using the Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of determining whether a proposal submission is timely, the government shall utilize the date and time the submission is completely uploaded into the SAFE website as indicated by the SAFE system time stamp. For proposals larger than the 2GB capacity of the SAFE website and require multiple submissions will require multiple requests for codes, the Government will utilize the system generated date and time stamp of the last submission. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for proposals delivered to any location or to anyone other than those designated to receive proposals on its behalf. Offerors are responsible for ensuring that proposals are submitted so as to reach the designated recipient of proposals.

Offerors are responsible for allowing sufficient time for the proposal to be received in accordance with the instructions provided.

Because uploaded documents expire in DoD SAFE, the submission of proposals should only occur during a limited window of time proposals should be submitted no earlier than 5 days before the proposal due date, in order to ensure that the submitted proposals doesn’t expire before the proposal due date.

Offerors are responsible for ensuring that the submitted proposal does not expire prior to proposal due date.

There is a SAFE User Guide available at https://dl.dod.cyber.mil/wp-content/uploads/dcs/pdf/unclass-DOD_SAFE_User_Guidev0_2d1.pdf

If an Offeror needs help, the SAFE helpdesk will not be able to help you. The Contract Specialist listed above will need to open a ticket for them to address system or user help issues.

3.0 PROPOSAL FORMAT AND SUBMITTAL REQUIREMENTS

1. 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 proposals shall be submitted in TABs as follows:

Submit the proposal in a tabbed, file identified by the Solicitation Number, project title, name, address, and telephone number of the Offeror(s). Arrange tabs as follows:

(1) Technical Proposal (TABs B, C, and D):

TAB B, FACTOR 1 Corporate Experience TAB C, FACTOR 2 Performance Confidence TAB D, FACTOR 3 Small Business Participation Plan

(1) Price Proposal, (TAB E), consists of an original signed Standard Form 1442

“Solicitation, Offer, and Award”; providing a price for all line items in the corresponding bid schedule; and acknowledgment of all amendments to the solicitation.

2. Proposal Characteristics

a) Each file of the proposal shall be identified by the Solicitation Number

W912DQ20R4021, Flood Repairs at Fort Leavenworth, Kansas, name, address, and telephone number of the Offeror, and the following on the files:

TABs B-D: TECHNICAL PROPOSAL

TAB E: PRICE PROPOSAL

b) 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.

3. Additional Information to be provided:

Pro Forma Requirements to be provided in TAB A:

This information consists of the following:

1) The Offeror will submit a cover letter containing:

a. Solicitation number.

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

c. 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.

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

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

f. CAGE Codes for the Offeror, and all teaming partners who participated in the

Factor 1 – Corporate Experience projects.

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

3) The completed Section 00 45 00 of the RFP (Representations and Certifications), printed Entity Record from the System for Award Management (SAM).

4) Bid Guarantee. See FAR 52.228-1.

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

6) For Joint Ventures, the information required by paragraph “Joint Ventures”.

4.0 INQUIRIES/QUESTIONS

Technical inquiries and questions relating to this solicitation shall be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). To submit and review inquiry items, prospective Offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective offeror 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 offeror once the reply is available for viewing.

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

The Solicitation Number is: W912DQ20R4021 The Bidder Inquiry Key is: 594X6Y-SBJAR3 The Plan Room Key is: MD79X2-PP6BNC

Instructions for first-time 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. Select agency 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.

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 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. Select agency 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.

The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to the date proposals are due at 4 p.m. CST 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 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.

5.0 JOINT VENTURES

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

1) A certified copy of their Joint Venture agreement.

2) A detailed statement outlining the following in terms of percentages, where appropriate.

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

b.