B.08.W912EE24R0002 Solicitation.pdf

SOLICITATION No. W912EE24R0002

DATE: 11 July 2024

SPECIFICATIONS

FOR

INDEFINITE DELIVERY INDEFINITE QUANTITY

MULTIPLE AWARD TASK ORDER CONTRACT

(MATOC)

FOR MISSISSIPPI RIVER AND TRIBUTARIES (MR&T)

MISSISSIPPI RIVER LEVEES (MRL) PROGRAM

CONSTRUCTION OF LEVEE ENLARGEMENT AND

BERMS

THIS PROCUREMENT IS A TOTAL 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://sam.gov/ https://sam.gov/

(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.

local time 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

W912EE24R0002

Vicksburg Contracting Office 4155 Clay ST.

Vicksburg, MS 39183-3435

INDEFINITE DELIVERY INDEFINITE QUANTITY MULTIPLE AWARD TASK ORDER CONTRACT(MATOC) FOR MISSISSIPPI RIVER AND TRIBUTARIES (MR&T) MISSISSIPPI RIVER LEVEES (MRL) PROGRAM

CONSTRUCTION OF LEVEE ENLARGEMENT AND BERMS

DESCRIPTION OF WORK: Features of the work include furnishing all plant, labor, materials, and equipment necessary to perform studies, investigations, designs, and construction of compacted, semi-compacted, and un-compacted embankments for levees and berms utilizing Government furnished riverside or landside borrow areas as well as installation of relief wells along the toe of the levee. Other mission requirements include clearing and grubbing, ditching, furnishing and installing culverts and cattle guards, construction of drainage structures in borrow areas, establishment of turf, and crushed stone or asphalt paving on the levee crown along the Mississippi River Levee within the Vicksburg District.

This procurement is a total small business set-aside under NAICS Code 237990 - Other Heavy and Civil Engineering Construction.

This MATOC has a term of five years from the date of award(s).

The Government reserves the right to make award without discussions.

There is a $5,000 minimum guarantee for MATOC awardees.

The estimated value of the proposed work for each Task Order is between $5,000,000 and $10,000,000.

Pricing will not be requested with proposal submission

SEE SPECIAL NOTICES TO BIDDERS

W807PM33557732

W912EE

Andrew McCaskill 601-631-5248

107/11/2024

8/13/2024

12:00 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 00100 - Bidding Schedule/Instructions to Bidders

BID SCHEDULE

MULTIPLE AWARD TASK ORDER CONTRACT (MATOC)

FOR MISSISSIPPI RIVER AND TRIBUTARIES (MR&T)

MISSISSIPPI RIVER LEVEES (MRL) PROGRAM, CONSTRUCTION

OF ENLARGEMENTS AND BERMS

ITEM DESCRIPTION

EST

QTY U/M UNIT PRICE AMOUNT

MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $XXXX

CLEARING AND GRUBBING

JOB

FOR $XXXX

GRANULAR SURFACING,

EXISTING 1 JOB FOR $XXXX

MOWING, TURFING, AND

EROSION CONTROL

MATTING 1 JOB FOR $XXXX

ENVIRONMENTAL

PROTECTION FEATURES 1 JOB FOR $XXXX

BERM EMBANKMENT,

UNCOMPACTED 443900 CY $XXXX $XXXX

BERM EMBANKMENT,

SEMICOMPACTED 248700 CY $XXXX $XXXX

BERM EMBANKMENT,

UNCOMPACTED 34800 CY $XXXX $XXXX

LEVEE SURFACING,

CRUSHED STONE 9500 CY $XXXX $XXXX

CATTLE GUARDS

1 JOB FOR $XXXX

0011 RELIEF WELLS 1 JOB FOR $XXXX

0012 RAMPS 1 JOB FOR $XXXX

TOTAL $XXXX

(THIS BIDDING SCHEDULE IS PROVIDED FOR EXAMPLE PURPOSES ONLY)

NOTES

(A)Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Set-aside under NACIS Code 237990 for Small Businesses. 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.

(B)See Partnering With Us, at https://www.usace.army.mil/Business-With-Us/Partnering/

(C) Resulting IDIQ contracts will have a Not to Exceed (NTE) maximum shared capacity of $99.5 million. One or more task orders may be issued from resulting contracts. The average estimated value for Task Order issued from a resulting contract is between $5 million and $10 million. Reference Section 00 08 00.00 09 SPECIAL CONTRACT REQUIREMENTS, Paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK.

(D) 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 Special Notices to Offerors page entitled “TECHNICAL INQUIRIES AND

QUESTIONS.”

(E) Applies to task orders issued as a result of this MATOC. Price is not an evalutation factor for this solicitation.

Offerors shall furnish unit prices for all items listed on the schedule of bid items which require unit prices. If the Offeror 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.

(F) Applies to task orders issued as a result of this MATOC. Price is not an evalutation factor for this solicitation. 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 an offeror from the responsibility to estimate the quantities involved. It is further expressly understood in no case will such estimated quantities be used as a basis of a claim against the government.

(G) Applies to task orders issued as a result of this MATOC. Price is not an evalutation factor for this solicitation. If a proposal or modification to a proposal 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.

(H) Applies to task orders issued as a result of this MATOC. Price is not an evalutation factor for this solicitation. All extensions of the unit price shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

(I) 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".

(J) All required elements listed in SECTION 00130 shall be included with your proposal or it may be rejected as nonresponsive.

(K) The Notice to Proceed (NTP): will be issued per task order.

(L) 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 March 15, 2024. See FAR clause 52.236-13.

https://www.usace.army.mil/Business-With-Us/Partnering/ https://www.projnet.org/PROJECT

(M) The Government reserves the right, as the interests of the Government may require, to postpone or delay the due date and/or time set for receipt of proposals. Revisions or amendments to the proposal due date and/or time, if any, will be announced by amendment or amendments to this request for proposals.

(N) In accordance with FAR Subpart 22.5, a Project Labor Agreement (PLA) will be required for any order with an estimated value of $35 Million or greater. See FAR Clauses 52.222-33 Alt III and 52.222-34 Alt II.

(O) Unless one of the exceptions detailed in FAR 16.505 (b)(2) applies and is documented in accordance with that section, each contractor will be afforded a fair opportunity to be considered for each task order. The contract only allows orders to be issued on a Firm Fixed-Price basis. Task orders will be issued in accordance with the following procedures:

(1) The Contracting Officer will furnish the Contractor a Request for Proposal (RFP) Solicitation for each proposed Task Order. The RFP will include an SF-1442, Offer Schedule, Technical Specifications, and Drawings detailing the work proposed, anticipated Performance Period, and any other pertinent information,

(2) The Contractor shall respond to the RFP within the time specified. The Contractor shall submit their proposal in accordance with the instructions contained in the RFP Solicitation, and be cognizant of information contained therein, including but not limited to: bond requirements, site visit information, construction cost limitations, liquidated damages, technical inquiry instructions, and acceptance periods.

(3) Basis of award for task orders:

(a) Task orders will be awarded based on price, past performance, and the ability to manage additional work. The Contracting Officer may consider past performance under this MATOC or performance under unrelated contracts.

(b) Technical or other non-cost factor(s) may be added at the task order level. The importance of factors to one another may vary on a task order basis, The combination of factors considered, and their relative importance will be stated in the RFP Solicitation for each task order.

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

THERE IS A $5,000 MINIMUM GUARANTEE FOR ALL AWARDEES.

2. BID, PERFORMANCE AND PAYMENT BONDS.

A bid bond is not required with the proposal. Performance and payment bonds will be required after award on a Task Order basis. See Section 00700, Contract Clauses 52.228-15, PERFORMANCE AND PAYMENT BONDS --

CONSTRUCTION

3. CERTIFICATE OF COMPETENCY

Per FAR 19.6, in the event an otherwise-eligible contractor is found to be non-responsible, the Contracting Officer will withhold award and refer the matter to the cognizant SBA Government Contracting Area Office. The SBA will offer the contractor the opportunity to apply for a Certificate of Competency (CoC). After review of the applicant’s facility by the SBA and a resolution of differences in findings by the agency and the SBA, the SBA may then issue a CoC to the contractor. An SBA issued CoC is considered conclusive with respect to all elements of responsibility.

4. SITE OF THE WORK.

Offerors 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 solicitation 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. See FAR 52.222-6 “Construction Wage Rate Requirements.”

Wage Determinations will be Task Order specific. Most work is anticipated to occur within the bounds of the Vicksburg District (MVK). It is possible that task orders may be issued for work along the Mississippi River within the bounds of the New Orleans (MVN) or Memphis (MVM) Districts.

5. INFORMATION REGARDING OFFER MATERIAL, PROPOSAL GUARANTEE, AND BONDS.

Sample Specifications, Sample Offer Schedule, Pre-award Information/Description of Work/Proposal Evaluation, andConstruction Contract Clauses are parts of this Request.

An offer guarantee is not required for this solicitation.

Performance and Payment Bonds will be requested at the Task Order level and are not required after award of a base

MATOC.

6. 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) “Administrative Contracting Officer” (ACO) means a person, within the limitations of that person’s warrant, authorized by the Contracting Officer to adminstrate a subject contract and verify that a contractor performs the technical requirements of a contract in accordance with contract terms, conditions, and specifications.

(d) “Contracting Officer’s Representative” (COR) means a person designated to ensure a contractor performs the technical requirements of the contract in accordance with contract terms, conditions, and specifications. CORs may not request modification of a contract, nor in any way obligate the payment of money by the Government, nor take any action affecting contract schedule, price, or scope, nor make any modification to a contract.

(e) 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.

(f) "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.

7. Size Standards for Construction and Special Trades.

(a) Construction. A concern is small under NAICS Code 237990 - Other Heavy and Civil Engineering Construction if its average annual receipts for its preceding 3 fiscal years did not exceed $45 million.

SPECIAL NOTICES

1. Proposals for the work described herein will be received until the closing date and time.

2. Proposals shall be mailed to

USACE – MVK

ATTN: ANDREW MCCASKILL

4155 CLAY STREET

VICKSBURG, MS 39183

Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001. (FAR

52.214-4 APR 1984)

3. This procurement is a 100% total small business set-aside.

4. Note the Affirmative Action requirement of FAR clause 52.222-23 entitled, “Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction”, will apply to contracts resulting from this solicitation.

5. For task orders issued from contracts awarded from this solicitation, see Section 00 80 00.00 09, Special Contract Requirements paragraph, and FAR clause 52.211-10, both entitled “Commencement, Prosecution, and Completion of Work”.

6. For task orders issued from contracts awarded from this solicitation, see Section 01 00 00.00 09, General Contract Requirements paragraph entitled, “Payment Invoices.” 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.

7. In accordance with FAR 42.1502(e), Past performance evaluations shall be prepared for each construction task order of $750,000 or more, and for each construction task order terminated for default regardless of contract value.

Past performance evaluations may also be prepared for construction task orders below $750,000. Past performance evaluations will be prepared 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/

8. 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.

http://www.cpars.gov/

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=003e5979dbe1259494439f95f39619cd

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=83629ecadb69e99494439f95f3961958

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

9. Technical inquiries 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). Offerors are encouraged to submit questions 5 days prior to proposal due date 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: W912EE24R0002

The bidder inquiry key is: VVF3GG-H2YN9U

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.

10. Tax on Foreign Purchases FAR provision 52.229-11 and FAR clause 52.229-12 https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

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: W912EE24R0002 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 “[a]gencies 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 W912EE24R0002:

Executed FAR Provision 52.229-11.

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

SECTION 00130 – PROPOSAL EVALUATION CRITERIA

Pursuant to FAR 15.304(c)(1)(ii)(A)(3), the Government intends to make an award to each and all qualifying offerors. Pricing will not be a factor of consideration for award of the IDIQ MATOC. Qualifying offerors, as used in FAR 13.106-1 and FAR 15.304, means an offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the contracting officer has no reason to believe would be likely to offer anything other than fair and reasonable pricing.

Unless one of the exceptions detailed in FAR 16.505 (b)(2) applies and is documented in accordance with that section, each contractor will be afforded a fair opportunity to be considered for each task order. The contract only allows orders to be issued on a Firm Fixed-Price basis.

Task orders will be issued in accordance with the following procedures:

The Contracting Officer will furnish the Contractor a Request for Proposal (RFP) Solicitation for each proposed Task Order. The RFP will include an SF-1442, Offer Schedule, Technical Specifications, and Drawings detailing the work proposed, anticipated Performance Period, and any other pertinent information, The Contractor shall respond to the RFP within the time specified. The Contractor shall submit their proposal in accordance with the instructions contained in the RFP Solicitation, and be cognizant of information contained therein, including but not limited to: bond requirements, site visit information, construction cost limitations, liquidated damages, technical inquiry instructions, and acceptance periods.

Basis of award for task orders:

Task orders will be awarded based on price, past performance, and the ability to manage additional work. The Contracting Officer may consider past performance under this MATOC or performance under unrelated contracts. Technical or other non-cost factor(s) may be added at the task order level. The importance of factors to one another may vary on a task order basis, The combination of factors considered, and their relative importance will be stated in the RFP Solicitation for each task order.

A. BASIS FOR AWARD

Award(s) will be made to each and all qualifying offerors in accordance with the criteria established in this Section 00130 of the RFP; Factor 1, Construction Approach (Sub factor 1, Embankment; Sub factor 2, Sample Schedule); Factor 2, Project Management Plan; and Factor 3, Past Performance.

Price will not be evaluated in accordance with FAR 15.304(c)(1)(ii)(A)(3).

The Contracting Officer is required to make an affirmative pre-award determination of the prospective contractor’s responsibility in accordance with the mandatory requirements of Part 9 of the FAR and its supplements. This information will not be evaluated but will be used for the

Contracting Officer to make a determination of responsibility in accordance with FAR 9.104. To be found responsible, per FAR 9.104-1, a prospective contractor must:

• Have adequate financial resources to perform the contract, or the ability to obtain them.

• Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments.

• Have a satisfactory performance record.

• Have a satisfactory record of integrity and business ethics.

• Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them.

• Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Additional documents required for a determination of contractor responsibility are as follows:

• Bonding Capability: The Government will review the Offeror’s bonding capacity and check that the information has been provided by a Surety listed on the Department of the Treasury’s Listing of Certified Companies. If the Offeror cannot demonstrate sufficient bonding capability, further consideration of the proposal will be terminated, and the offer will be rejected.

• Current financial statements (Balance Sheet and Income Statement): If the documents are more than one year old, the Offeror shall furnish a statement as to the current financial status of the company If a Joint Venture, provide this information for each participant in the Joint Venture.

• Banking information: Provide letters from banks or other financial institutions with which the Offeror conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc. The Government is interested in financial stability, timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If a Joint Venture, provide this information for each Joint Venture participant.

• Worker’s Compensation Experience Modification Rate (EMR) for the last three years:

An EMR greater than 1.0 must be explained and supporting documentation provided. (If

EMR’s are not available, provide documentation from insurance provider documenting whether or not any claims resulting from work related injuries have been filed against the firm in the last three years or any other documentation needed to establish safety record.)

Per FAR 19.6, in the event an otherwise-eligible contractor is found to be non-responsible, the Contracting Officer will withhold award and refer the matter to the cognizant SBA Government Contracting Area Office. The SBA will offer the contractor the opportunity to apply for a Certificate of Competency (CoC). After review of the applicant’s facility by the SBA and a resolution of differences in findings by the agency and the SBA, the SBA may then issue a CoC to the contractor. An SBA issued CoC is considered conclusive with respect to all elements of responsibility.

B. FACTORS TO BE EVALUATED

The following table is a description of the factors.

The Government will evaluate each of the three (3) non-cost factors and two (2) sub-factors against the requirements to determine whether the proposal is acceptable or unacceptable.

Factor 1 and Subfactors 1 and 2 will each receive an Acceptable or Unacceptable Rating. A rating of Unacceptable on any one sub-factor will result in an Unacceptable rating on Factor 1.

Factor 2 will be evaluated and rated as acceptable or unacceptable.

Factor 3 will be evaluated and rated as acceptable or unacceptable.

C. EVALUATION APPROACH

TAB 1 – FACTOR 1 – Construction Approach

TAB 1A – Subfactor 1 – Embankment (Offeror Only)

Submission Requirements

While it is possible that task orders could be issued for a more limited scope of seepage protection measures such as relief wells or uncompacted berms, the major feature of work to be performed under most if not all task orders anticipated to be issued under this contract is levee

Factor/Subfactor

Location Description

FACTOR 1 Tab 1 Construction Approach Subfactor 1 Tab 1A Embankment (Offeror Only) Subfactor 2 Tab 1B Sample Schedule (Offeror) FACTOR 2 Tab 2 Project Management Plan FACTOR 3 Tab 3 Past Performance embankment construction utilizing clays and silty clay borrow materials from mostly riverside or occasional landside borrow areas. Offerors shall submit a narrative for a levee construction project similar in size, scope, and complexity to the draft project that demonstrates a clear understanding and acceptable approach to levee embankment construction including borrow area management, excavation, and hauling operations. Offerors shall submit thorough, detailed, and complete narratives describing their construction approach to levee embankment construction.

The submitted narrative shall include methods, equipment, personnel and challenges, demonstrating an understanding of the requirements and capable methods necessary to overcome those challenges. The narrative shall address the following areas:

• Construction approach of major embankment operations for a levee project similar in size, scope, and complexity to the draft project included in the solicitation, with a minimum quantity of semicompacted and/or compacted clay levee embankment of

500,000 CY.

• Management of multiple riverside borrow areas, including but not limited to clearing, excavation, drainage control, material processing, and hauling operations as necessary for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Embankment placement and processing, including methods, equipment, and personnel needed to efficiently and effectively complete Mississippi River levee construction projects similar in size, scope, and complexity to the draft project included in the solicitation.

• Quality control testing, including methods, equipment, and personnel to track all lifts of embankment operations for compliance with compaction requirements, testing, rework of any failing tests, and documentation of satisfactory final results as necessary for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Compliance with typical storm water protection and other environmental compliance issues, including initial installation/implementation and maintenance for the duration of the project as well as stabilization of disturbed areas during extended shutdowns or work exclusion periods as necessary for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Grade Control, including methods and equipment required to ensure required grade control during construction and verification of the finished final grades for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Coordination of levee embankment work with other features of work and incidentals, such as construction of uncompacted berms, relief wells, and management of local traffic or detours that might be required for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Turf establishment, including seeding, mulching, fertilizing, and maintenance until final acceptance for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Consideration of potential high river delays, including the exclusion period as well as impacts on river side borrow areas for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Consideration of adverse weather conditions, including methods to overcome and minimize schedule impacts for a levee project similar in size, scope, and complexity to the draft project included in the solicitation.

• Validation of construction approach, including how the provided approach has been successfully used on recent projects similar in size, scope, and complexity to the draft project included in the solicitation.

Evaluation Criteria

Offers will be evaluated on their narrative’s demonstration of a thorough understanding of the scope and reasonableness of their construction approach to manage and overcome typical challenges associated with this work. Contractors who demonstrate a thorough understanding of the scope of work and capability to successfully complete awarded task orders will receive an Acceptable rating.

Omission of requested information or lack of sufficient detail to demonstrate a thorough understanding and capability to perform the scope of work will result in an Unacceptable rating.

The Government will not award to an Offeror that receives an Unacceptable rating in this sub-factor.

TAB 1B – Subfactor 2 – Sample Schedule (Offeror)

Submission Requirements

The Offeror shall submit a sample schedule and corresponding narrative using the sample project provided in the solicitation. The sample schedule shall meet the duration provided in the sample project including exclusion periods. For the purposes of this sample, the Offeror shall assume the Notice to Proceed will be issued approximately one month after this solicitation proposal is due.

The schedule shall be no more than two 11 inches by 17 inches pages. The schedule is required to show the start, duration, total float, and finish of each activity determined by the Offeror. The submitted schedule shall clearly show the critical path toward timely completion. When developing the sample schedule, the Offeror shall consider concurrent operations such as excavation and placement from multiple borrow areas and/or placement in multiple levee reaches, as well as the indicated order of work, work exclusion periods, and restrictions on work areas including limits on removal of existing levee surfacing. Offerors shall submit a thorough, detailed, and complete sample schedule and corresponding narrative describing their construction schedule for all features of work associated with Mississippi River levee construction to ensure the sample project is completed on time. The Offeror shall include the following work activities in the sample schedule:

• Mobilization

• Environmental protection

• Clearing and grubbing

• Borrow area development

• Excavation and processing

• Hauling, placement, and compaction

• Placement of levee surfacing

• Turf establishment

• Relief well installation

• Final cleanup and demobilization

The corresponding narrative shall describe the order of work including the order of each operation necessary to complete the sample project. The narrative shall also include tools and management procedures used to ensure projects stay on schedule as well as strategies to regain schedule in the face of unforeseen delays.

Evaluation Criteria

Offers will be evaluated on their sample schedule and narrative’s demonstration of a thorough understanding of the scope. Contractors who demonstrate a thorough understanding of the scope of work and capability to successfully complete awarded task orders will receive an Acceptable rating.

Omission of requested information or lack of sufficient detail to demonstrate a thorough understanding of the scope of work or flaws in basic scheduling logic that do not show an understanding of the scope of work will result in an Unacceptable rating. The Government will not award to an Offeror that receives an Unacceptable rating in this subfactor.

TAB 2 – FACTOR 2 – Project Management Plan

Submission Requirements

Offerors shall provide a detailed Project Management Plan to include their project management philosophy. Offerors shall submit thorough, detailed, and complete narratives describing their organization’s approach to project management. The Offeror shall include the following as a minimum in their submission:

• Details demonstrating construction management plan for potentially multiple concurrently operated phases of construction including multiple operations from multiple pits for a levee project similar in size, scope, and complexity to the draft project included in the solicitation;

• Sample organizational chart showing lines of authority needed to manage a project similar in size, scope, and complexity of the sample included in the solicitation;

• A list of anticipated subcontracted work activities and what work will be self performed;

• Details of their corporate safety philosophy and what tools they will use to ensure no lost time accidents will occur including OSHA safety forms; and

• A narrative of their use of the U.S. Army Corps of Engineers Resident Management

System (RMS) – Contractor Mode or similar contract administration and quality control systems.

• A narrative addressing capability to manage work on multiple task orders concurrently on levee projects similar in size, scope, and complexity to the draft project included in the solicitation.

Offerors will be evaluated on the clarity and effectiveness of the overall project management plan and organization and how well it is structured to execute projects typical in scope to this solicitation. Contractors who demonstrate a thorough understanding of the scope of work and capability to successfully complete awarded task orders will receive an Acceptable rating.

Omission of requested information or lack of sufficient detail to demonstrate a thorough understanding and capability to perform the scope of work will result in an Unacceptable rating.

The Government will not award to an Offeror that receives an Unacceptable rating in this subfactor.

TAB 3 – FACTOR 3 – PAST PERFORMANCE

Submission Requirements

Offerors will be evaluated on their past performance on three (3) to five (5) recent and relevant levee embankment projects similar in size, scope, and complexity to the solicitation, completed at $4M or greater. Offerors shall submit past performance questionnaires as described in this solicitation for each of the projects submitted under this Past Performance factor. A minimum of three (3) relevant projects are required for review where the Offeror self-performed clay (CH or CL) or silty clay (ML) earthwork construction as either a prime or subcontractor within 10 years of the date of this solicitation with at least 1 completed within the last 5 years or currently ongoing and at least 70% complete.