B.08.02 Specs Vol. I, BBCW Cnt 5B (W912EP21R0006).pdf
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- Solicitation number
- W912EP21R0006
About this file
This federal solicitation requests proposals for construction services for Pump Station S-703 and two recreational sites in Miami-Dade County, Florida. Work includes building a pump station with manatee barriers, trash racks, dewatering features, and stop logs, along with a control building and stand-alone control center. Additional work comprises two recreational sites, electrical services, and excavating limestone in wet conditions potentially requiring divers. The performance period is approximately 545 days. Proposals are due by June 28, 2021 with award by mid-July 2021. The contract value is between $5-10 million. The solicitation is unrestricted and issued under NAICS 237990 with a $39.5 million size standard. The Army Corps of Engineers is the contracting agency.
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W912EP21R0006
Jacksonville District
CERP, BISCAYNE BAY COASTAL WETLANDS
L-31E FLOW-WAY, CONTRACT 5B (A PHASE I
PROJECT): PUMP STATION S-703 AND
RECREATIONAL SITES
Miami-Dade County, Florida
Construction Solicitation and Specifications
Volume 1 of 2
1 June 2021
CERP, Biscayne Bay Coastal Wetlands L-31E Flow-Way, Contract 5B (A Phase I Project):
Pump Station S-703 and Recreational Sites Miami-Dade County, Florida
W912EP21R0006
DESIGN AUTHENTICATION
This project was designed by the Jacksonville District, U.S. Army Corps of Engineers.
The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.
CHRISTOPHER P. SICKLER, P.E.
CHIEF, MECHANICAL AND ELECTRICAL SECTION
ENGINEERING DIVISION
DENNIS J. ZEVENEY, P.E.
CHIEF, GEOSYSTEMS BRANCH
DAVID DUDLEY, P.E.
CHIEF, DESIGN BRANCH
LAUREEN A. BOROCHANER, P.E.
CHIEF, ENGINEERING DIVISION
COMPREHENSIVE EVERGLADES RESTORATION PLAN, BISCAYNE BAY COASTAL WETLANDS, L-31E
FLOW-WAY, CONTRACT 5B (A PHASE I PROJECT): PUMP STATIONS S-703 & RECREATIONAL SITES MIAMI-DADE COUNTY, FLORIDA
DESCRIPTION OF WORK: REFER TO PARAGRAPH WORK COVERED BY CONTRACT DOCUMENTS IN SECTION 01 11 00 FOR COMPLETE
PROJECT DESCRIPTION
DRAWINGS: SEE DFARS CLAUSE 252.236-7001, CONTRACT DRAWINGS AND SPECIFICATIONS, IN SECTION 00700
MAGNITUDE OF CONSTRUCTION IS BETWEEN $5,000,000.00 AND $10,000,000.00.
THIS IS AN UNRESTRICTED SOLICITATION ALL RESPONSIBLE OFFERORS ARE ENCOURAGED TO PARTICIPATE.
THE NAICS CODE FOR THIS PROJECT IS 237990 AND THE SMALL BUSINESS SIZE STANDARD IS $39.5 MILLION
*BLOCK 11 - SEE SECTION 00700, CLAUSE 52.211-10 FOR PERIOD OF PERFORMANCE.
***BLOCK 13A - SEE SECTION 00100A FOR NUMBER OF COPIES.
A SITE VISIT HAS BEEN SCHEDULED. SEE SECTION 00100, FAR CLAUSE 52.236-27 Alt I FOR DETAILS.
YOU MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM), PER FAR CLAUSE: 52.204-7 IN SECTION 00100 IN ORDER
TO RECEIVE AN AWARD FROM THIS SOLICITATION. THE SAM WEBSITE IS LOCATED AT WWW.SAM.GOV.
TIMOTHY G HUMPHREY 904-232-1072
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
01-Jun-2021
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______60 calendar days and complete it w ithin ________545 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________*Section 00700
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 ______________01 Jul 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
USA ENGINEER DISTRICT, JACKSONVILLE
CONTRACTING DIVISION
701 SAN MARCO BLVD
JACKSONVILLE FL 32207-8175
W912EP
PAGE OF PAGES
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W912EP21R0006 1 OF 255
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
See Item 14
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than 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
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 20B. SIGNATURE 20C. OFFER DATE
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 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO (4 copies unless otherwise specified)
26. ADMINISTERED BY
MIAMI RESIDENT OFFICE
CODE K3M1F20
10 U.S.C. 2304(c)
27. PAYMENT WILL BE MADE BY
41 U.S.C. 253(c)
CODE 964145
3000 SW 148TH AVENUE, SUITE 251
MIRAMAR, FLORIDA 33027
USACE FINANCE CENTER
ATTN: CEFC-AO-P
5722 INTEGRITY DRIVE
MILLINGTON, TN 38054-5005
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this 29. AWARD (Contractor is not required to sign this document.)
document and return _ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN (Type or print) summates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
31A. NAME OF CONTRACTING OFFICER (Type or print)
30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
NSN 7540-01-155-3212 00010-2 STANDARD FORM 1442 BACK (REV. 4-85)
SECTION 00010A
LINE ITEMS AND PRICING SCHEDULE
LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
0001 MOBILIZATION AND DEMOBILIZATION JOB $___________
0002 TURBIDITY MONITORING JOB $___________
0003 ENVIRONMENTAL MONITORING JOB $___________
0004 EROSION AND SEDIMENT CONTROL JOB $___________
0005 EXCAVATION AND DISPOSAL (ESTIMATED QUANTITY) 1,123 CUBIC YARD $_________ $___________
0006 CLEARING AND GRUBBING (ESTIMATED QUANTITY) 2.17 ACRE $_________ $___________
0007 SITE ELECTRICAL AND TELECOMMUNICATIONS JOB $___________
0008 TOP SOIL AND SOD (ESTIMATED QUANTITY) 10,491 SQUARE YARD $_________ $___________
0009 STOP LOGS JOB $___________
0010 FP&L POWER LINES TO S-703 (ESTIMATE) JOB 20,000.00$
0011 CONTRACTING OFFICER'S FIELD OFFICE 18 MONTH $_________ $___________
0012 PARTNERING REGROUP 3 EACH $_________ $___________
RECREATIONAL AREAS
0013 RECREATIONAL AREAS JOB $___________
REMOTE TELEMETRY UNIT (RTU) FOR PUMP STATION S-703
0014 RTU FOR PUMP STATION S-703 2 EACH $_________ $___________
MICROWAVE ETHERNET BRIDGE BETWEEN HOMESTEAD
FIELD STATION AND S-703
0015 MICROWAVE ETHERNET BRIDGE JOB $___________
PUMP STATION S-703 (LINE ITEMS 0016 TO 0036)
0016 S-703 STRUCTURE JOB $___________
0017 S-703 TRASH RACKS JOB $___________
0018 S-703 PUMPS/CANS JOB $___________
0019 S-703 DISCHARGE PIPE JOB $___________
0020 S-703 FLAP GATES JOB $___________
0021 S-703 GALVANIZED RAILING JOB $___________
0022 S-703 STAINLESS STEEL RAILING JOB $___________
CERP; BISCAYNE BAY COASTAL WETLANDS
L-31E FLOW-WAY, CONTRACT 5B (A PHASE I PROJECT):
PUMP STATION S-703 AND RECREATIONAL SITES
MIAMI-DADE COUNTY, FLORIDA
W912EP21R0006 00010A-1
SECTION 00010A
LINE ITEMS AND PRICING SCHEDULE
COMPREHENSIVE EVERGLADES RESTORATION PLAN, BISCAYNE BAY COASTAL WETLANDS,
L-31E FLOW-WAY, CONTRACT 5B (A PHASE I PROJECT):
PUMP STATIONS S-703 & RECREATIONAL SITES
MIAMI-DADE COUNTY, FLORIDA
LINE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
0023 S-703 SPREADER SYSTEM JOB $___________
(DISSIPATION/SPREADER BASIN AND CANAL)
0024 S-703 STILLING WELLS JOB $___________
0025 S-703 CONTROL BUILDING JOB $___________
0026 S-703 TREMIE JOB $___________
0027 S-703 EMBANKMENT FILL (ESTIMATED QUANTITY) 400 CUBIC YARD $_________ $___________
0028 S-703 #57 STONE (ESTIMATED QUANTITY) 95 SQUARE YARD $_________ $___________
0029 S-703 LIMEROCK SURFACE (ESTIMATED QUANTITY) 630 SQUARE YARD $_________ $___________
0030 S-703 RIPRAP REVETMENT (ESTIMATED QUANTITY) 380 SQUARE YARD $_________ $___________
0031 S-703 BEDDING STONE, C-33. No.1 (ESTIMATED QUANTITY) 250 SQUARE YARD $_________ $___________
0032 S-703 STEEL SHEET PILE AND KING PILES JOB $___________
0033 S-703 STAFF GAUGES JOB $___________
0034 S-703 FLOATING DEBRIS BARRIER JOB $___________
0035 S-703 SECURITY FENCING JOB $___________
0036 S-703 FDOT GUARD RAIL JOB $___________
TOTAL BID (LINE ITEMS 0001 THRU 0036): $___________
W912EP21R0006 00010A-2
W912EP21R0006 00010A-2
SECTION 00010A, Attachment A
INSTRUCTIONS FOR TECHNICAL INQUIRIES AND QUESTIONS
Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in
ProjNet at (https://www.projnet.org) No Later Than (NLT) 18 June 2021, 5:00 PM Local Time. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.
The Solicitation Number is: W912EP21R0006
The Bidder Inquiry Key is: 4JY2I7-V4EF9Y
Specific Instructions for ProjNet Bid Inquiry Access from ProjNet home page:
1. Identify the Agency. This should be marked as USACE.
2. Email. Enter the email address you would like to use for communication.
3. Key. Enter the Bidder Inquiry Key listed above.
4. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.
5. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret
Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
6. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Bid Inquiry Access from ProjNet home page:
1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. Identify the Agency. This should be marked as USACE.
3. Email. Enter the email address you used to register previously in ProjNet.
4. Key. Enter the Bidder Inquiry Key listed above.
5. Click Continue. A page will then open asking you to enter the answer to your Secret Question.
6. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
W912EP21R0006 00100-i
SECTION 00100 - INSTRUCTIONS TO OFFERORS
52.204-7 System for Award Management OCT 2018 52.211-2 Availability of Specifications, Standards, and Data Item
Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
APR 2014
52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.216-1 Type Of Contract APR 1984 52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work
MAY 2014
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
FEB 1999
52.222-38 Compliance With Veterans' Employment Reporting Requirements
FEB 2016
52.225-12 Alt II Notice of Buy American Requirement--Construction Materials Under Trade Agreements (MAY 2014) Alternate II
JUN 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.233-2 SERVICE OF PROTEST (SEP 2006) OCT 2006
52.236-27 (Alt I) SITE VISIT (CONSTRUCTION) (FEB 1995)
(ALTERNATE I) (FEB 1995)
MAY 2003
52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5 Authorized Deviations In Provisions APR 1984 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense
Information Controls
OCT 2016
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
W912EP21R0006 00100-1
SECTION 00100 - INSTRUCTIONS TO OFFERORS
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier.
The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
W912EP21R0006 00100-2
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM
DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION
INFORMATION SYSTEM (ASSIST) (APR 2014)
(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(1) ASSIST (https://assist.dla.mil/online/start/);
(2) Quick Search (http://quicksearch.dla.mil/);
(3) ASSISTdocs.com (http://assistdocs.com).
(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
(End of provision)
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)
W912EP21R0006 00100-3
(a) Definitions. As used in this provision--
“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.
“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.
“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation;
and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.
(3) Submission, modification, or revision, of proposals.
W912EP21R0006 00100-4
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
W912EP21R0006 00100-5
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
(f) Contract award.
(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.
W912EP21R0006 00100-6
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK
(MAY 2014)
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(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
Miami-Dade 39.5% 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.
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(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 Miami-Dade County, Florida.
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS
(FEB 2016)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.
52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION
MATERIALS UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)
(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 Act-- 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 Act 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 Act 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.
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(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, 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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman 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 other than Bahrainian, Mexican, or Omani 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 other than Bahrainian, Mexican, or Omani 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.
52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN
ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND
CERTIFICATIONS. (JUN 2020)
(a) Definitions. As used in this provision--
Person--
(1) Means--
(i) A natural person;
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(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Acquisition Regulation (FAR) 25.703-4, by submission of its offer, the offeror—
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225- 12, 52.225-24, or comparable agency provision); and
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(2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.
(End of provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the person identified in item 10 of the Standard Form 33 (if this solicitation is for non-commercial supplies or services), in item 9A of the Standard Form 1442 (if this solicitation is for construction or dredging), in item 7 of the Standard Form 1449 (if this solicitation is for commercial items), or in item 7 of the DA Form 4069-R (if this solicitation is for work funded by a non-appropriated funds instrumentality) at the address shown in item 7 of the SF 33, item 7 of the SF 1442, item 9 of the SF 1449, or item 5 of the DA Form 4069-R.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (ALTERNATE I) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for -- Friday, June 11, 2021 @ 11:00 AM Local Time
(c) Participants will meet at -- (Location will be provided by the contract administration office via telephone. See (d) below.)
(d) Participants should call email Ms. Jessica Bromfield at Jessica.Bromfield@usace.army.mil on or before Wednesday, June 09, 2021 by 3:00 PM Local Time to make arrangements.
(e) Core borings are available. (If available, follow the instructions in the Physical Data paragraph in Section 00 31 32 to make arrangements to inspect the borings. Failure to follow the instructions may result in a delay ranging in duration from one hour to 4 days.)
(f) After the site visit, a memorandum summarizing the visit will be posted to Beta.Sam.GOV under the solicitation number. This posting will be strictly for informational purposes only. The memorandum will not become a part of the solicitation. If the solicitation needs to be changed as a result of information
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obtained during the site visit, a written amendment will be made available to all registered vendors.
Questions regarding any information given in the memorandum must be directed to the person whose name appears in item 9 of the Standard Form 1442.
(End of provision)
52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--
(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(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.
The use in this solicitation of any Defense FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB
2019)
(a) Definition. As used in this clause--
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Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C.
2801(c)(4)).
(b) Training. Contractor personnel who require routine physical access to a Federally-controlled facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training shall be completed--
(1) Through a DoD-sponsored and certified computer or web-based distance learning instruction for Level I antiterrorism awareness; or
(2) Under the instruction of a Level I antiterrorism awareness instructor.
(c) Additional information. Information and guidance pertaining to DoD antiterrorism awareness training is available at https://jko.jten.mil/ or as otherwise identified in the performance work statement.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation.
(End of clause)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (OCT 2016)
(a) Definitions. As used in this provision--
Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
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(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)
(a) Definitions.
Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.
Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.
(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800- 171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP _800-171.html.
(c) Procedures.
(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.
(2) If the Offeror does not have summary level scores of a current NIST SP…
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