B.08.Solicitation W912EE24B0009_16July2024.pdf

SOLICITATION No. W912EE24B0009

DATE: 16 July 2024

SPECIFICATIONS

FOR

Calhoun County, MS, MDHP, RP-17-01, FC/MR&T, Yazoo River Basin, Yalobusha River Watershed

THIS PROCUREMENT IS A WOMAN OWNED

SMALL BUSINESS SET-ASIDE.

Building Strong® Serving the Army Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-CTC

INQUIRIES

REGARDING THIS SOLICITATION SHOULD

BE MADE TO THE FOLLOWING:

https://www.projnet.org

Plans and specifications will be available on the Web Page at:

https://beta.sam.gov/

W912EE24B0009

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 09 QUALITY CONTROL

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 05 - METALS

05 60 00.00 09 WELDING

DIVISION 13 - SPECIAL CONSTRUCTION

13 60 00.00 09 MISCELLANEOUS ITEMS

DIVISION 31 - EARTHWORK

31 06 00.00 09 ENGINEERING FABRIC

31 11 00.00 09 CLEARING AND GRUBBING

31 23 03.00 09 EXCAVATION, BACKFILL, PIPE FILL, EMBANKMENT, AND CONTROL

OF WATER

31 32 13.19 09 LIME TREATMENT

31 37 00.00 09 STONE PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 02.00 09 TOPSOIL, FERTILIZING, SEEDING AND MULCHING

DIVISION 33 - UTILITIES

33 42 29.00 09 CORRUGATED METAL PIPE

-- End of Project Table of Contents –

PROJECT TABLE OF CONTENTS Page 1

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

W912EE24B0009

Vicksburg Contracting Office 4155 Clay ST.

Vicksburg, MS 39183-3435

Calhoun County, MS, MDHP, RP-17-01, FC/MR&T, Yazoo River Basin, Yalobusha River Watershed

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials and equipment, and constructing eight (8) riser pipe grade control structures in Calhoun County, Mississippi. Principle features of work include clearing and grubbing;

excavation, backfill, pipe fill,embankment, and control of water; engineering fabric; stone protection; corrugated metal pipe;

topsoil, fertilizing, seeding and mulching; lime treatment; welding; concrete work; storm water pollution prevention; and environmental protection.

This procurement is a woman-owned small business set-aside. Pursuant to FAR19.1503 eligible bidders must be designated by the US Small Business Administration as a certified EDWOSB or WOSB concern.

The estimated value of the proposed work is between $1,000,000 and $5,000,000.

SEE SPECIAL NOTICES TO BIDDERS

W807PM41314715

W912EE

1 13207/16/2024 local time 8/15/2024

14:00 CST

Section 00 80 00.00 09

AWARD (To be completed by Government)

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements 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 incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

SEE SCHEDULE

See Item 14

SEE SCHEDULE OF PRICES

Section 00010 - Solicitation Contract Form

BID SCHEDULE

Calhoun County, MS

MDHP, RP-17-01

FC/MR&T, Yazoo River Basin Yalobusha River Watershed

BIDDING SCHEDULE

ITEM DESCRIPTION

EST

QTY U/M

UNIT

PRICE AMOUNT

0001 SITE YRW-17-01 1 JOB For $______

0002 SITE YRW-17-02 1 JOB For $______

0003 SITE YRW-17-03 1 JOB For $______

0004 SITE YRW-17-05 1 JOB For $______

0005 SITE YRW-17-06 1 JOB For $______

0006 SITE YRW-17-08 1 JOB For $______

0007 SITE ACW-17-10 1 JOB For $______

0008 SITE ACW-17-13 1 JOB For $______

TOTAL $______

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determinations 5 05-JAN-2024 Attachment 2 Technical Specifications 186 24-JUN-2024

Section 00100 - Bidding Schedule/Instructions to Bidders

NOTES

(A) THIS PROCUREMENT IS FOR SBA WOMEN OWNED SMALL BUSINESS; NAICS

CODE 237990 WITH A SMALL BUSINESS SIZE STANDARD OF $45,000,000.00.

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Small Business under NACIS Code 237990 for Women Owned Small Business. The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and not representative of this solicitation or any contract that may be awarded as a result of this solicitation.

1. Total value of contract award = $5,000,000.00

2. Cost of materials = $3,000,000.00

3. Adjusted amount (contract award value less cost of materials): $2,000,000.00 ($5,000,000.00 - $3,000,000.00)

4. 85% of $2,000,000.00 may be paid to non-similarly situated entities ($1,700,000.00)

5. 15% of $2,000,000.00 must be paid to a similarity situated entity ($300,000.00)

What is similarly situated and what does it mean for the prime?

i. 1st tier subcontractor that has the same small business program status of the qualified prime contractor (i.e. HUBZone prime contractor, any HUBZone subcontractor is similarly situated).

ii. Any 1st tier subcontracts to similarly situated entities can count towards the prime contractor’s self-performance requirements.

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Business subcontractor. This meets the similarly situated requirement and the work performed by the HUBZone subcontractor will count towards the HUBZone prime contractor’s self-performance requirement.

iv. Example: SDVOSB Set Aside Contract, 1st Tier is a WOSB subcontractor only, this does not meet the “similarly situated” requirement and the WOSB subcontractor performance does not count towards the SDVOSB prime contractor’s self-performance requirement.

(A) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS

SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT

AT HTTPS://WWW.PROJNET.ORG/PROJECT. SEE SNTB PAGE ENTITLE

“TECHNICAL INQUIRIES AND QUESTIONS”

(B) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE

SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER

FAILS TO INSERT A UNIT PRICE IN THE APPROPRIATE BLANK FOR

REQUIRED ITEMS BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM

ITS UNIT PRICE TO BE THE QUOTIENT OBTAINED BY DIVIDING THE

EXTENDED ESTIMATED AMOUNT FOR THAT LINE ITEM BY THE QUANTITY.

IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, ITS BID WILL BE DECLARED

NONRESPONSIVE.

(C) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED

QUANTITIES AND ARE PROVIDED ONLY AS A BASIS TO ESTABLISH UNIT

PRICES FOR THE CONTRACT LINE ITEMS. ACTUAL QUANTITIES REQUIRED

WILL VARY BASED UPON THE ACTUAL WORK REQUIRED, AND AS

DETERMINED IN THE FIELD. IT IS EXPRESSLY UNDERSTOOD THAT THE

ACCURACY OF ANY ESTIMATED QUANTITIES IS IN NO WAY WARRANTED

AND THAT THIS INFORMATION WILL NOT RELIEVE A BIDDER FROM

RESPONSIBILITY TO ESTIMATE THE QUANTIES INVOLVED. IT IS FURTHER

EXPRESSLY UNDERSTOOD IN NO CASE WILL SUCH ESTIMATED

QUANTITIES BE USED AS A BASIS OF A CLAIM AGIANST THE

GOVERNMENT.

(D) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS

SUBMITTED, WHICH PROVIDES FOR A LUMP SUM ADJUSTMENT TO THE

TOTAL ESTIMATED COST, THE APPLICATION OF THE LUMP SUM

ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF

IT IS NOT STATED, THE BIDDER AGREES THAT THE LUMP SUM

ADJUSTMENT SHALL BE APPLIED ON A PRO RATA BASIS TO THE UNIT

PRICE IN THE BID SCHEDULE.

(E) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO

VERIFICATION BY THE GOVERNMENT. IN THE CASE OF VARIATION

BETWEEN THE UNIT PRICE AND THE EXTENSION, THE UNIT PRICE WILL BE

CONSIDERED TO BE THE BID.

(F) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE,

RESPONSIBLE BIDDER AS MAY BE IN THE BEST INTEREST OF THE

GOVERNMENT.

(G) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR

INELIGIBLE FOR AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED,

"SYSTEM FOR AWARD MANAGEMENT".

(H) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS

AND CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND

RETURNED WITH YOUR BID OR IT MAY BE REJECTED AS NONRESPONSIVE.

AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE COMPLETED SECTION

00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS

AND CERTIFICATIONS AT WWW.SAM.GOV. SEE FAR CLAUSES 52.204-7 AND

52.204-8 FOR REQUIREMENT INFORMATION.

(I) THE NOTICE TO PROCEED (NTP): THE SUCCESSFUL BIDDER IS ADVISED

THAT PERFORMANCE AND PAYMENT BONDS SHALL BE SUBMITTED IN

ACCORDANCE WITH THE TIME FRAME IN BLOCK 12B OF SF1442. THE NTP

WILL BE ISSUED IMMEDIATELY AFTER A VERIFICATION OF ACCEPTABLE

PERFORMANCE AND PAYMENT BONDS. WITHIN SEVEN (7) CALENDAR

DAYS AFTER THE ISSUANCE OF THE NTP, THE CONTRACTOR SHALL

INITIATE A MEETING TO DISCUSS THE SUBMITTAL PROCESS WITH THE

AREA OR RESIDENT ENGINEER OR HIS AUTHORIZED REPRESENTATIVE.

PHYSICAL WORK CANNOT START UNTIL THE ACCIDENT PREVENTION

PLAN, CONTRACTOR QUALITY CONTROL PLAN, AND OTHER SUBMITTALS

WHICH MAY BE REQUIRED, HAVE BEEN SUBMITTED AND APPROVED AND

ALL PRELIMINARY MEETINGS CALLED FOR UNDER THE CONTRACT, HAVE

BEEN CONDUCTED.

(J) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN

ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 "CORPS OF

ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL", DATED 15-

MARCH-2024.

(K) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE

GOVERNMENT MAY REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR

TIME SET FOR OPENING BIDS. REVISIONS OR AMENDMENTS TO THE BID

OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY AMENDMENT

OR AMENDMENTS TO THIS INVITATION FOR BIDS.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: Flood Control Acts of 1936, Sec. 4 and 8a; 1941, Sec. 3b and 3g; 1946, Sec. 3, 10f, and 10q; and 1965, Sec. 2045

APPROPRIATION: P.L. 115-244 ENERGY AND WATER, LEGISLATIVE BRANCH, AND

MILITARY CONSTRUCTION AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2019

FUNDING CITATION: 96 x 3112

2. NEGOTIATIONS AFTER SEALED BIDDING.

The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is required with the bid package and is to be executed on Standard Form SF24.

Performance and payment bonds with be required after award. See Section 00700, Contract Clauses 52.228-1, BID GUARANTEE and 52.228-15, PERFORMANCE AND PAYMENT

BONDS -- CONSTRUCTION

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids.

Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1

- General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, "the site of the work" under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The "site of the work" may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND

BONDS.

a. Specifications, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor, are parts of this Invitation.

b.(1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and/or brokerages firms through whom the bonds or the guarantees were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors or bidders should note that some individual sureties and brokers of individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties and brokers.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties or brokers may cause rejection of the offer (bid).

10. DEFINITIONS

(a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) "Small business concern" means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

11. Size Standards for Construction and Special Trades.

(a) Construction. A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $45 million.

SPECIAL NOTICES

1. Bids shall be mailed to the Vicksburg district headquarters building, room 120, 4155 clay street, Vicksburg, Mississippi 39183-3435. Bids sent by commercial carrier shall be clearly marked on the outer envelope as containing a “sealed bid”. Bids must be received prior to the exact time set for bid opening.

Bids may also be submitted by hand at the Vicksburg district headquarters building lobby (4155 clay street, Vicksburg, MS) on the day of bid opening "only" and may not be submitted sooner than (2) hours prior to the time of the scheduled bid opening. Bidders will only have access to the main lobby. You must enter, hand off your bid package to a representative of the Vicksburg contracting office. Prior to opening of bids, bidders attending in person will be escorted to the bid opening room.

No electronic receipt of bids will be allowed for this invitation for bids.

The bid opening may be viewed online through “youtube live at the below link;

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

Users should stay on the home page. Once the live stream starts, a new streaming video section will appear above all the existing videos and it will say “live” on the bottom right corner. Users may need to refresh the page to make that section appear and for the video to start playing.

The youtube live link may also be found by going to the USACE Vicksburg district web page;

HTTPS://WWW.MVK.USACE.ARMY.MIL/click “business with us” and then “contracting” where the link will be available under “bid openings”.

2. Sealed bids for the work described herein will be received until date and time of bid opening.

3. Your attention is directed to section 00100-bid schedule/instructions to bidders’ clause 52.214- 5 entitled “submission of bids”. It is the bidder’s responsibility to ensure that bids sent by commercial carrier are clearly identified as containing a sealed bid on the outermost envelope.

This includes, but is not limited to, bids sent via: Federal Express, Express Mail - U.S. Postal Service, or United Parcel Service.

4. Note the affirmative action requirement of the equal opportunity clause which may apply to the contract resulting from this solicitation.

5. Note the affirmative action requirement of the contract clause entitled, “affirmative action compliance requirements for construction”, which will apply to the contract resulting from this solicitation.

6. See section 00 80 00.00 09, special contract requirements, clause entitled “commencement, prosecution, and completion of work”.

7. See section 01 00 00.00 09, general contract requirements clause, entitled, “payment invoices” which will apply to the contract resulting from this solicitation. The federal acquisition regulation requires that the “remit to” address of the invoice match the “remit to” address on the contract or a proper notice of assignment.

8. In accordance with FAR 42.1502(e), Past performance evaluations shall be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $750,000. Past performance evaluations will be prepared by the MVK at least annually and at the time the work under a contract or order is completed and will be entered into the Contractor Performance Assessment Reporting System (CPARS), the Governmentwide evaluation reporting tool for all past performance reports on contracts located at http://www.cpars.gov/

9. Electronic Funds Transfer (EFT)

All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov.

UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in the SAM. Failure to update/maintain this information in the SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail.

The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39 619cd What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f396

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.

10. Bids will not be accepted, nor shall bids be withdrawn electronically or by telephone.

Prior to bid opening, in accordance with federal acquisition regulation part 14.303 (b) modification or withdrawal of bids, “a bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and that person signs a receipt for the bid."

The following steps will be required by the Vicksburg Contracting Office:

1. Contractor must present a letter verifying they are a representative of the company.

2. Contractor must show valid, government issued picture id.

3. Vicksburg district contracting office will have the representative sign a receipt for bid.

11. Technical inquiries and questions all questions must be submitted via ProjNet.

Technical inquiries and questions relating to this solicitation are to be submitted via bidder inquiry in ProjNet at (https://www.projnet.org). Bidders are encouraged to submit questions 5 days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. 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.

All timely questions and approved answers will be made available through ProjNet.

The solicitation number is: W912EE24B0009 The bidder inquiry key is: WA7BA5-2ZJ3NX Specific instructions for ProjNet bid inquiry access:

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

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

3. Key. Enter the bidder inquiry key listed above.

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

5. Click continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

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.

Specific instructions for future ProjNet bid inquiry access:

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. From the ProjNet home page linked above, click on quick add on the upper right side of the screen.

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

4. Key. Enter the bidder inquiry key listed above.

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

6. Click continue. A page will then open asking you to enter the answer to your secret question.

7. Enter your secret answer and click login. Once this is completed you are now logged into the system.

12. Tax on Foreign Purchases FAR provision 52.229-11 and FAR clause 52.229-12 FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C.

5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment.

Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Solicitation/Contract/reference number: W912EE24B0009 Line 7 Name and address of the acquiring agency:

US Army Corps of Engineers Vicksburg District Contracting Office 4155 Clay Street Vicksburg, MS 39183-3435

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application.

The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “agencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

Submission requirements for W912EE24B0009.

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

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.

(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)

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 2020)

(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

(c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to--

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition--

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, and--

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which certified cost or pricing data are required; or

(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

CLAUSES INCORPORATED BY FULL TEXT

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).

52.222-23 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

Calhoun, County Non-

SMSA(Standard Metropolitan Statistical Area)

County

32.0

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 Calhoun, County, Mississippi

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ____20____ percent of the bid price or $_3,000,000.00_______, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal…