B.08 Solicitation - MSHSCR25_ADVERTISE.pdf

SOLICITATION

W9127N26BA004

TOUTLE, COWLITZ COUNTY, WASHINGTON

MOUNT SAINT HELENS SEDIMENT

RETENTION STRUCTURE CREST RAISE

Project Manual

TOC-1

Mount Saint Helens Sediment Retention Structure Crest Raise, Cowlitz County, Washington

TABLE OF CONTENTS

00 10 00 SOLICITATION, OFFER, AND AWARD FORM (SF 1442)

00 00 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 10 TABLE OF CONTENTS

00 20 00 INSTRUCTIONS FOR PROCUREMENT

00 21 00 INSTRUCTIONS

00 21 13 INSTRUCTIONS TO BIDDERS

00 22 00 SUPPLEMENTARY INSTRUCTIONS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 72 00 GENERAL CONDITIONS

00 73 00 SUPPLEMENTARY CONDITIONS

01 00 00 GENERAL REQUIREMENTS

TECHNICAL SPECIFICATION REQUIREMENTS

ATTACHMENTS

A1: Submittal Register (ENG Form 4288-R)

A2: Transmittal Form (ENG Form 4025-R)

A3: Construction Project Identification Sign

A4: Spill Emergency - Initial Report Form

A5: Washington DEQ Water Quality Certificate & Nationwide Permit

A6: Seasonal Hydrograph

00 10 00 SOLICITATION

TOC-

Mount Saint Helens Sediment Retention Structure Crest Raise, Cowlitz County, Washington

A7: Foundation Report

A8: Wage Determinations - Washington

A9: Cut and Fill Volume Report

A10: Hazardous Energy Control Plan

A11: Construction and Demolition Diversion - Disposal Cumulative Report

(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

I

I

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

I

► I □ □ I

Section 00 00 00 - Procurement and Contracting Requirements

MOUNT SAINT HELENS SEDIMENT RETENTION STRUCTURE CREST RAISE

W9127N26BA004

00 00 00-1

Section 00 01 10 - Table of Contents

Total Base CLIN's 0001 - 0006 $_____________________________________

Total Option CLIN's 0007 - 0009 $_____________________________________

Total Amount $_____________________________________

W9127N26BA004

00 01 10-1

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Mobilization and Demobilization Measurement will be made as a job for mobilizing and demobilizing all plant, equipment, fuel, supplies, materials, and personnel to and from the job site and is based on the schedule of values. This Contract Line-Item Number (CLIN) applies to the Prime Contractor and all subcontractor mobilization and demobilization. Includes batch plant erection and removal costs and costs for laboratory establishment and validation.

Pricing Arrangement: Firm Fixed Price

1 Job

Site Preparation Measurement will be made as a job Item for providing all labor, equipment, materials, parts, and incidentals for site preparation including sediment excavation, clearing and grubbing of stumps, and clearing of loose debris as specified in Section 31 60 00.00 25, FOUNDATION PREPARATION, and all other activities necessary to prepare the spillway for installation of concrete materials.

Includes loading, hauling, disposal, and other associated costs to deposit the material in the designated disposal site shown on the drawings.

Pricing Arrangement: Firm Fixed Price

1 Job

Care and Diversion of Water Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals for channel excavation and diversion, cofferdam, dewatering, pumps and piping, trench excavation, flow constriction, rock weirs, and bioengineered bank protection associated with diversion of water and isolation of work site.

Pricing Arrangement: Firm Fixed Price

1 Job

Dental Concrete The total estimated cubic yard quantity of dental concrete for which payment will be made for the

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00 10 00-3

0004 required quantity placed. Cubic Yard price must include providing all labor, plant, equipment, materials, and incidentals required for placing dental concrete. Cubic Yard pricing must include placement and finishing of dental concrete.

Pricing Arrangement: Firm Fixed Price

24 Cubic Yard

Roller Compacted Concrete 5-ft (RCC) for 5-Foot Raise The total estimated cubic yard quantity of RCC placed for which payment will be made will be the computed volume difference between the pre-RCC ground surface, as determined by a pre-RCC survey, and the final as-built ground surface based on post-placement survey.

Includes the access road raise and RCC over-excavation volumes utilized in unstable rock foundation areas, as directed by the COR. Computation of volume must be made by triangulation using the survey data and breaklines provided by the Contractor. A deduction will be made for volumes accounted for in CLIN 0004, Dental Concrete. No deductions must be made for rounded or beveled edges, space occupied by metal work, electrical conduit, or reinforcing steel, nor for voids or embedded items that are either less than five cubic feet in volume or one square foot in cross section. Unit price must include providing all labor, plant, equipment, materials, and incidentals required for RCC placement and must include all surface prep, forms, finishing, surveying, and compaction. The installation of toe drains, plugging existing vertical drains, and instrumentation is considered incidental to this CLIN.

Pricing Arrangement: Firm Fixed Price

14,455 Cubic Yard

Rock Excavation including 5-Foot Plunge Pool The total estimated cubic yard quantity of rock excavation for which payment will be made will be the computed quantity between the existing ground surface as determined by a pre-rock excavation survey and the as-built ground surface based on post-excavation survey. Includes over-excavation volumes in unstable rock foundation areas, as approved by the KO. Computation of volume must be made by triangulation using the survey data and breaklines provided by the Contractor. Unit

1,787 Cubic Yard

00 10 00-4 price must include providing all labor, plant, equipment, materials, and incidentals required for common excavation and must include all excavating, loading, hauling, and disposing of the materials at the designated disposal site shown on the drawings.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Outlet Works Decommissioning

Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Roller Compacted Concrete 10-ft (RCC) for 10-Foot Raise Measurement: The total estimated cubic yard quantity of RCC for which payment will be made will be the actual in place cubic yard quantity computed as a volume difference between the 5-foot raise design quantity and the 10-foot raise design quantity. Includes RCC over-excavation volumes utilized in unstable rock foundation areas, as approved by the KO. No deductions shall be made for rounded or beveled edges, space occupied by metal work, electrical conduits, or reinforcing steel, nor for voids or embedded items that are either less than 5-cubic feet in volume or 1-square foot in cross section. Unit price shall include providing all labor, plant, equipment, materials, and incidentals required for RCC placement and shall include all surface prep, forms, finishing, surveying, and compaction. Toe Drains are considered incidental to the RCC placement.

Pricing Arrangement: Firm Fixed Price

16,833 Cubic Yard

Option Line Item

Estimated Rock Excavation including 10-Foot Plunge Pool and Low Flow Channel

Pricing Arrangement: Firm Fixed Price

1,466 Cubic Yard

00 10 00-5

Section 00 21 00 - Instructions

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-7 System for Award Management. Nov 2024 52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-22 Alternative Line Item Proposal. Jan 2017 52.214-3 Amendments to Invitations for Bids. Dec 2016 52.214-4 False Statements in Bids. Apr 1984 52.214-5 Submission of Bids. Dec 2016 52.214-6 Explanation to Prospective Bidders. Apr 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. Nov 1999 52.214-12 Preparation of Bids. Apr 1984 52.214-34 Submission of Offers in the English Language. Apr 1991 52.214-35 Submission of Offers in U.S. Currency. Apr 1991 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. May 2014 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation. Feb 1999 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements. May 2014

FAR Clauses Incorporated by Full Text

52.216-1 Type of Contract. (Apr 1984)

Type of Contract (Apr 1984)

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

(End of provision)

52.228-1 Bid Guarantee. (Sep 1996)

Bid Guarantee (Sept 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.

(End of clause)

52.233-2 Service of Protest. (Sep 2006)

Service of Protest (Sept 2006)

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00 21 00-1

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Contracting Officer (CECT-NWP)

Nicole Adams

Nicole.A.Adams@usace.army.mil

Portland District, Corps of Engineers

P. O. Box 2946

Portland, Oregon 97208-2946

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

(End of provision)

52.236-27 Site Visit (Construction). (Alternate I) (Feb 1995) Alternate I (Feb 1995)

Alternate I . If an organized site visit will be conducted, substitute a paragraph substantially the same as the following for paragraph (b) of (Feb 1995) the basic provision:

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

(b) An organized site visit has been scheduled for: 11:00 A.M. PST 01-DEC-2025

(c) Participants will meet at the project location located at:

The Toutle River Sediment Retention Structure, located near Mount St. Helens, is situated at the Sediment Dam Road in Toutle, Washington, 98649. Specifically, it's on the North Fork Toutle River, accessible from Highway 504, according to US Federal Contractor Registration (USFCR). The structure is approximately 22 miles upriver from Castle Rock, Washington.

46 21' 50.68" N 122 33'35.12"W

Requirements:

There will be only one site visit offered. Offerors planning to attend must register for this site visit by sending an email to the following individuals:

o Andrew Sprys (Andrew.J.Sprys@usace.army.mil) o Nicole Adams (Nicole.A.Adams@usace.army.mil)

Hard hats and steel-toed boots are required.

Please observe all posted speed limits while at the project.

In order to attend the visit each individual participant's registration must be received by: 10:00 A.M. PST 28-NOV-2025

Site visit attendees must provide the following information:

o Solicitation Number W9127N26BA004 o Project Title: MOUNT SAINT HELENS SEDIMENT RETENTION STRUCTURE CREST RAISE o Name(s) of individual(s) attending site visit:

o Name of Company:

o Phone Number:

W9127N26BA004

00 21 00-2 o Email Address:

o Are all individuals U.S. Citizens?

**Non-U.S. citizens may attend this site visit if they have a valid Foreign Visitor Authorization (FVA). Personally Identifiable Information will be very closely held in accordance with Army policy.

Each individual must have picture identification on his/her person while at the project site. There can be no substitutions of one individual for another.

If an individual arrives at the site visit without having called ahead of time and/or without picture identification, that individual may not be allowed on the project.

Participants of the scheduled site visit must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version) in accordance with Section 5, "Personal Protective and Safety Equipment." It is the responsibility of the participants to wear personal protective and safety equipment as required by this regulation. Failure to comply could result in denial of access to site visit location.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS): https://www.acquisition.gov/dfars

Army Federal Acquisition Regulation Supplement (AFARS): https://www.acquisition.gov/afars

(End of provision)

52.252-5 Authorized Deviations in Provisions. (Nov 2020)

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.215-7009 Proposal Adequacy Checklist. Mar 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. Jan 2023

DFARS Clauses Incorporated by Full Text

252.215-7008 Only One Offer. (Dec 2022)

W9127N26BA004

00 21 00-3

ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to-

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable ____[U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

W9127N26BA004

00 21 00-4

Section 00 21 13 - Instructions to Bidders

BIDDER INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNetBid at https://www.projnet.org/projnet/. Telephone and email inquiries will not be accepted. ProjNetBid is a webbased program that allows offerors to post questions regarding the solicitation, and to view all questions by other offerors, and answers by the U.S. Army Corps of Engineers.

No response will be posted to inquiries after the Close of Business on the seventh business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet -Bid prior to bid submission.

The Bidder Inquiry Key for this solicitation is: ABCGRC-TGPBHA

To access the ProjNetBid website the first time:

1) Register.

2) Click Quick Add Key. (The Agency is USACE.)

3) Enter the following information for access:

The Bidder Inquiry Key for this solicitation Valid business contact information

Submit questions or review questions and answers. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

For questions about the ProjNetBid, access the help tab on the ProjNet website.

BID SUBMISSION

A. Administrative Details and General Instructions.

1) General Bid Format. Submit bid documentation in Adobe Acrobat PDF format (filename extension " .pdf'), suitable for viewing in Adobe Reader.

HARD COPY/PAPER PROPOSAL SUBMISSIONS WILL NOT BE CONSIDERED. Bidders shall bookmark and label each electronic PDF to afford easy identification from the bid table of contents.

2) Title Page. The title page must include the bidder's name and address, phone number and email address, title of the solicitation, solicitation number, and date of submittal.

3) Table of Contents. The proposal shall contain a detailed table of contents.

4) Font, Page Size, and Margins. Pages containing text are expected to be 8 1/2 x 11 inches with at least one-inch margins at the top, bottom, and both sides. Paragraphs should be separated by at least one blank line. A standard 12-point font in either Arial or Times New Roman is required.

5) English Language Requirement. In order for a bid to be considered it MUST be prepared in ENGLISH. Proprietary information must be clearly marked.

B. Submission of Bids

1) Pricing information/1442

2) Bid bond

3) Subcontracting plan if large business

4) Project Labor Agreement

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable:

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00 21 13-1

Nicole Adams, Contracting Officer nicole.a.adams@usace.army.mil

Andrew J. Sprys Contract Specialist

Andrew.J.Sprys@usace.army.mil

Each email shall contain the following information:

Solicitation No. W9127N26BA004

Bid Due Date and Time: See Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable

Bid Validity Date: 120 days from the bid due date.

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of an offer, the offeror must make every effort to ensure its electronic submission is virus free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c). Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 13A of the SF 1442 (' . .. in original and_ copies ... "). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission. Mailing a bid guarantee for submission is not allowed.

BID OPENING

No hard copy documents are allowed to be submitted at the bid opening. Due to the requirement that bids be submitted electronically only, bid opening is scheduled for one hour following the bid due date and time to allow the Contracting Office time to download all bid documents.

The bid opening will be held telephonically at 2:00 pm on the date bids are due. Offerors wishing to participate in the telephonic bid opening shall email a list of their participants to Andrew Sprys at Andrew.J.Sprys@usace.army.mil and Nicole Adams at nicole.a.adams@usace.army.mil

In the email subject line use title, "W9127N26BA004 Mount Saint Helens Sediment Retention Structure Crest Raise Bid Opening". The telephone number and security passcode for offerors to utilize will be provided via return email to the offerors initial email including the list of its participants.

There will be no physical bid opening held at the Portland District, therefore, offerors are advised that they shall not plan to attend a bid opening in person on the day of bid opening

SPECIAL CONTRACT REQUIREMENTS

1) 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

W9127N26BA004

00 21 13-2 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 Contract/reference number: W9127N26BA004

Line 7 "Name and address of the acquiring agency":

USACE Portland District

333 SW First Avenue

Portland, Oregon 97204-3440

503-808-4616

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.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

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

NOTICE TO LARGE BUSINESS FIRMS

Please see FAR Clauses 52.219-8, "Utilization of Small Business Concerns (SEP 2023)" and 52.219-9, "Small Business Subcontracting Plan (SEP 2023)." Large business concerns submitting offers of $750,000 or more for supplies or services or $1,500,000 for construction are required to submit a subcontracting plan upon request by the Contracting Officer. The plan must express goals in terms of percentages of total planned subcontracting dollars and must be comparable to the dollar commitments in the small business participation plan, if applicable.

DEFINITIONS:

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract.

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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 FAR 19.102. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

Floor is the term the U.S. Army Corps of Engineers uses to replace goal. It represents the minimum level for small business performance.

Electronic Subcontracting Reporting System (eSRS) means the Government wide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

The following floors are considered reasonable and achievable during the performance of the contract resulting from this solicitation and are included for information purposes. Final floors will be reviewed prior to contract award, and the subcontracting plan will then become a material part of the contract.

a. 5% of the total subcontracted dollar value will be placed with all small business concerns. For the purpose of this subcontracting plan, Small Disadvantaged Business (SDB), Women-owned Small Business (WOSB), HUBZone Small Business, Veteran-owned Small Business, and Service Disabled Veteran-owned Small Business concerns are subsets of small business concerns.

b. 1% of the total subcontracted contract dollar value will be placed with small disadvantaged business concerns or Historically Black Colleges and Universities or Minority Institutions. To be considered a small disadvantaged business concern, business must be certified by the Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c)(3).

c. 1% of the total subcontracted contract dollar value will be placed with small women-owned business concerns. Women-owned business concerns may meet the definition of a small disadvantaged business. If so, it will also be considered a subset of a small disadvantaged business concern.

d. 1% of the total subcontracted contract dollar value will be placed with HUBZone small business concerns. To be considered a HUBZone small business concern, business must be certified by the U.S. Small Business Administration in addition to meeting the definition under FAR Clause 52.219-8(c)(3).

e. 3% of the total subcontracted dollar value will be placed with Veteran-owned small business concerns.

f. 1% of the total subcontracted dollar value will be placed with Service Disabled Veteran-owned small business concerns.

Floors included in any proposed plan should be at least equal to the recommended floors. If lesser floors are proposed, include an explanation for how those floors and the overall plan represent best efforts to comply with the policy outlined in the contract clauses.

The proposed subcontracting plan must address how the offeror will maximize subcontracting opportunities within the small business communities of the project location. Demonstrated outreach efforts through conference attendance, use of SAM.gov, and corporate support of the Small Business Program Liaison Officer and Small Business Program must be addressed in the proposed subcontracting plan.

Subcontracting plans will be evaluated using Appendix DD to the Army Federal Acquisition Regulation Supplement (AFARS) 5119.705-4(d) to determine the offeror's ability to carry out the terms and conditions set forth in the contract clauses. If discussions during this review raise doubts regarding intentions or ability to comply with contractual obligations, it could result in disqualification for award. Failure to receive a subcontracting plan rating of Acceptable could jeopardize the offeror's selection for contract award.

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Section 00 22 00 - Supplementary Instructions

In accordance with 52.102(c), the following provisions and clauses, available at www.acquisition.gov, require your review and action:

52.204-8

52.219-1

52.219-28

52.222-5

52.223-3

52.223-9

52.225-9

52.229-11

52.236-13Alt. I

252.204-7007

252.236-7001

Project Labor Agreement

To be considered for award, all bidders must submit a Project Labor Agreement (PLA) as required for large-scale construction projects in accordance with FAR 22.503 and FAR Clause 52.222-33. The Government is not a party to the PLA. Per 52.222-33 subparagraph (b)(2), subcontractors are a party to the PLA. However, it is not necessary for all subcontractors sign the PLA, but they must agree to the terms of the PLA negotiated by the prime contractor and labor organization. The prime contractor can meet the requirements of subparagraph (b)(2) by either: 1) inserting language into the subcontract requiring the subcontractor to acknowledge and abide by the terms of the PLA; 2) having each subcontractor sign a Letter of Assent or an Affidavit of PLA Participation.

At a minimum, the proposed PLA must address the requirements in FAR 22.504(b), which states a project labor agreement shall -

(1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Include any additional requirements as the agency deems necessary to satisfy its needs. If the apparent low bidder does not submit an acceptable LA, they may be ineligible for award and the contracting officer may move on the second low bidder. Any PLA reached does not change the terms of this contract or provide for any price adjustment by the Government.

22.504 General requirements for project labor agreements.

(a) General. Project labor agreements established under this subpart shall fully conform to all statutes, regulations, and Executive orders.

(b) Requirements. A project labor agreement shall-

(1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

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(2) Allow all contractors and subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Include any additional requirements as the agency deems necessary to satisfy its needs.

(c) Labor organizations. An agency may not require contractors or subcontractors to enter into a project labor agreement with any particular labor organization.

(d) Exceptions to project labor agreement requirements--

(1) Exception. The senior procurement executive may grant an exception from the requirements at 22.503(b), providing a specific written explanation of why at least one of the following conditions exists with respect to the particular contract:

(i) Requiring a project labor agreement on the project would not advance the Federal Government's interests in achieving economy and efficiency in Federal procurement. The exception shall be based on one or more of the following factors:

(A) The project is of short duration and lacks operational complexity.

(B) The project will involve only one craft or trade.

(C) The project will involve specialized construction work that is available from only a limited number of contractors or subcontractors.

(D) The agency's need for the project is of such an unusual and compelling urgency that a project labor agreement would be impracticable.

(ii) Market research indicates that requiring a project labor agreement on the project would substantially reduce the number of potential offerors to such a degree that adequate competition at a fair and reasonable price could not be achieved. (See 10.002(b)(1) and 36.104). A likely reduction in the number of potential offerors is not, by itself, sufficient to except a contract from coverage under this authority unless it is coupled with the finding that the reduction would not allow for adequate competition at a fair and reasonable price.

(iii) Requiring a project labor agreement on the project would otherwise be inconsistent with Federal statutes, regulations, Executive orders, or Presidential memoranda.

(2) Considerations. When determining whether the exception in paragraph (d)(1)(ii) of this section applies, contracting officers shall consider current market conditions and the extent to which price fluctuations may be attributable to factors other than the requirement for a project labor agreement ( e.

g., costs of labor or materials, supply chain costs). Agencies may rely on price analysis conducted on recent competitive proposals for construction projects of a similar size and scope.

(3) Timing of the exception --

(i) Contracts other than IDIQ contracts. The exception must be granted for a particular contract by the solicitation date.

(ii) IDIQ contracts. An exception shall be granted prior to the solicitation date if the basis for the exception cited would apply to all orders. Otherwise, exceptions shall be granted for each order by the time of the notice of the intent to place an order ( e.g., 16.505(b)(1)).

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.217-4 Evaluation of Options Exercised at Time of Contract Award. Jun 1988

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Section 00 45 00 - Representations and Certifications

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-7 Information Regarding Responsibility Matters. Oct 2018 52.209-13 Violation of Arms Control Treaties or Agreements-Certification. Nov 2021 52.229-12 Tax on Certain Foreign Procurements. Feb 2021

FAR Clauses Incorporated by Full Text

52.204-8 Annual Representations and Certifications. (Oct 2025)

Annual Representations and Certifications (Oct 2025)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $45,000,000.00.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

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

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

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

(b)

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

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

(i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $200,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold…