B08 7N24B0001 Baker Bay Solicitation with Specifications.pdf

SOLICITATION

W9127N24B0001

Baker Bay Hammond, Clatsop County, Oregon Ilwaco, Pacific County, Washington

PILE DIKE REPAIR

Project Manual

TOC-1

BAKER BAY PILE DIKE REPAIR

PACIFIC COUNTY, WASHINGTON AND CLATSOP COUNTY, OREGON

TABLE OF CONTENTS

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

00 10 00 SOLICITATION

00 21 13 INSTRUCTIONS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 73 00 SUPPLEMENTARY CONDITIONS

GENERAL AND 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: Incidental Harassment Authorization - DRAFT

A6: Floating Plant Inspection Checklist

A7: Post Review Discovery Plan

A8: Water Quality Certificate

00 72 00 GENERAL CONDITIONS

A9: Pacific County WA Heavy Dredging Determination

A10: Pacific County WA Heavy Water and Sewer Determination

A11: Pacific County WA Highway Determination

A12: Clatsop County OR Heavy Dredging Determination

A13: Clatsop County OR Heavy Determination

A14: Clatsop County OR Highway Determination

A15: Baker Bay WA Topobathymetric Lidar Technical Data Report

Baker Bay Pile Dike Repair.

This is a full and open procurement. In accordance w ith FAR 19.1307, this project requires the HUBZone 10% price evaluation.

The NEPA process has not been completed and aw ard w ill not be made until it is.

Large Business Concerns must submit a subcontracting plan w ith their bid.

Pacif ic County Washington and Clatsop County Oregon.

The estimated magnitude of construction is betw een $10,000,000 and $25,000,000

The North American Industry Classif ication System (NAICS) code for this action is 237990; Other Heavy and Civil Engineering Construction w ith a small business size standard of $45M.

X

ARAGON N LIEBZEIT 503-808-4610

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

23-Jul-2024

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10Alt.I

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________22 Aug 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USACE, PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204

W9127N

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9127N24B0001 60

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0001 Mobilization and Demobilization

1 Job

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.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0002 Pile Removal and Installation 1 Job

Measurement will be made as a job for providing all labor, equipment, materials, parts, and incidentals for removal and disposal of approximately 860 existing timber piles from dike structure BB0.28 and installation of steel pipe marker piles with pile caps, signage, and ladders on dike structures BB0.28, BB0.56, BB0.70, and BB0.86.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0003 Rock Placement

0+00 to 13+50 1 Job

Measurement will be made as a job providing all labor, plant, equipment, materials, and incidentals required for placement of new rock on BB0.28 from station 0+00 to 13+50, and the placement of cobble revetment as a transition zone between the shore connection rock and the existing sandy dune.

Funded:

00 10 00-3

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0004 Site Restoration and Maintenance

1 Job

Measurement will be made as a job for providing all labor, equipment, materials, parts and incidentals for permanent revegetation of the upland areas on West Sand Island disturbed during construction via preparation, revegetation seeding and planting, and landscape construction maintenance during irrigation and vegetation establishment periods.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0005 Rock Placement

13+50 to 26+00 1 Job

OPTION Measurement will be made as a job providing all labor, plant, equipment, materials, and incidentals required for placement of new rock on BB0.28 from station 13+50 to station 26+00.

Funded:

ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL

0006 Rock Placement

26+00 to 34+00 1 Job

OPTION Measurement will be made as a job providing all labor, plant, equipment, materials, and incidentals required for placement of new rock on BB0.28 from station 26+00 to station 34+00.

Funded:

BID SCHEDULE TOTAL

Total Price for all Base Contract Line Items

Total Price for all Option(s) Line Items

00 10 00-4

Total Price for All Contract (Base and Option(s)) Line Items

00 10 00-5

Section 00 21 13 - Instructions to Bidders

SUBCONTRACTING PLAN

Attention Large Business Firms (Subcontracting plan due with electronic bid submission)

FAR clause 52.219-8, Utilization of Small Business Concerns, 52.219-9 Alt. I, Small Business Subcontracting Plan and DFARS 252.219-7003 are included in this solicitation as prescribed. All large business firms must submit their small business subcontracting plan with their bid on or before the solicitation closing due date and time not after they are notified as indicated in FAR clause 52.219-9 Alt. I. Failure to submit the subcontracting plan with your bid may result in the bid being ineligible for contract award. Only the successful bidder’s plan will be evaluated. The plan must be approved prior to contract award and meet all requirements of clause 52.219-9 Alt. I.

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

a) 27% of the total subcontracted dollar value will be placed with 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 (VOSB), and Service-disabled veteran-owned small business (SDVOSB) concerns are a subset of small business concerns.

b) 2% of the total subcontracted contract dollar value will be placed with small disadvantaged business concerns.

c) 2% of the total subcontracted contract dollar value will be placed with women-owned small business concerns.

d) 2% of the total subcontracted contract dollar value will be placed with HUBZone small business concerns.

e) 5% of the total subcontracted dollar value will be placed with Veteran-owned small business concerns.

f) 3% of the total subcontracted dollar value will be placed with Service-Disabled Veteran-owned small business concerns.

The proposed subcontracting plan must address how the offeror will maximize subcontracting opportunities.

Subcontracting plans will be assessed using the DOD checklist (https://business.defense.gov/Portals/57/Documents/Checklist%20for%20Reviewing%20Subk%20Plans.pdf?ver=20 19-12-02-110744-540). If discussions during this review raise doubts regarding the contractor’s proposed good faith effort to comply with contractual obligations, it could result in disqualification for award.

If you are a large business concern, please submit your subcontracting plan with your bid using the following template.

00 21 13-1 https://business.defense.gov/Portals/57/Documents/Checklist%20for%20Reviewing%20Subk%20Plans.pdf?ver=2019-12-02-110744-540 https://business.defense.gov/Portals/57/Documents/Checklist%20for%20Reviewing%20Subk%20Plans.pdf?ver=2019-12-02-110744-540

SMALL BUSINESS (SB), SMALL DISADVANTAGED BUSINESS (SDB), WOMAN-OWNED SMALL

BUSINESS (WOSB), HISTORICALLY UNDERUTLIZED BUSINESS ZONE (HUBZONE), VETERAN-

OWNED SMALL BUSINESS (VOSB), AND SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB)

CONTRACTOR: DATE:

ADDRESS:

PHONE NUMBER:

PROJECT TITLE: Baker Bay Pile Dike Repair

SOLICITATION: W9127N24B0001

1. In accordance with (IAW) Federal Acquisition Regulation (FAR) Clause 52.219-8, Utilization of Small

Business Concerns and 52.219-9, Small Business Subcontracting Plan, Name of Contractor submits the following Individual Small Business Subcontracting Plan.

2. Corresponding dollar values for percentages cited in paragraph 3 for the base period only:

Note, duplicate this section and complete for every option, if applicable.

(a) Total contract dollars: $

(b) Total dollars planned to be subcontracted (include both large and small business): $

(c) Total dollars planned to be subcontracted to SB concerns (including 2d thru h below: $

(d) Total dollars planned to be subcontracted to SDB concerns (including ANCs and Indian Tribes):

(e) Total dollars planned to be subcontracted to WOSB concerns: $

(f) Total dollars planned to be subcontracted to HUBZone concerns: $

(g) Total dollars planned to be subcontracted to VOSB concerns: $

(h) Total dollars planned to be subcontracted to SDVOSB concerns: $

3. The following percentage goals (expressed in terms of percentage of total contract dollars) are applicable to the base period of the proposed contract value under the Solicitation cited above:

Note, duplicate this section and complete for every option, if applicable.

(a) The total estimated percentage of all planned subcontracting to all types of business concerns under this contract is (divide (÷) 2(b) by 2(a)): %

(b) SB concerns (divide (÷) 2(c) by 2(b)): % of total planned subcontracting dollars

(c) SDB concerns (including ANCs and Indian Tribes) (divide (÷) 2(d) by 2(b)): %

(d) WOSB concerns (divide (÷) 2(e) by 2(b)): %

(e) HUBZone concerns (divide (÷) 2(f) by 2(b)): %

(f) VOSB concerns (divide (÷) 2(g) by 2(b)): %

00 21 13-2 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9

(g) SDVOSB concerns (divide (÷) 2(h) by 2(b)): %

4. Describe the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to:

(a) SB Concerns

Name of Company Identified (include UEI if known)

Type of Supply/Services (include NAICS Code for Subcontractor)

Note, adjust/modify format for information box, if applicable.

(b) SDB Concerns (including ANCs and Indian Tribes)

(c) WOSB Concerns

(d) HUBZone Concerns

00 21 13-3

(e) VOSB Concerns

(f) SDVOSB Concerns

5. Description of the method used to develop the subcontracting goals in paragraph 3 (FAR

19.704(a)(4)):

00 21 13-4 https://acquisition.gov/content/part-19-small-business-programs#id1617MD0003U

6. Description of the method used to identify potential sources (FAR 19.704(a)(5)):

7. Indirect cost is is not used in establishing subcontracting goals. (FAR 19.704(a)(6))

[If indirect cost were used in establishing goals, furnish a description of the method used to determine the proportionate share of indirect cost to be incurred with (i) SB concerns, (ii) SDB concerns (including ANCs and Indian Tribes), (iii) WOSB concerns, (iv) HUBZone concerns, (v) VOSB concerns, and (vi) SDVOSB concerns.]

8. The following individual, identified below, will administer Subcontracting Program: The individual will be expected to perform and manage the plan and abide by FAR Clause 52.219-9 requirements.

(FAR 19.704(a)(7))

Note, the Site Construction project manager(s) may not be acceptable as the contractor’s small business advocate who manages the firm’s Small Business Program.

Name: Last, First, M.

Title: Small Business Liason Officer

Address: ______________________

Phone #: (XXX) XXX-XXXX

Email: john.doe@abc-company.com

00 21 13-5 https://acquisition.gov/content/part-19-small-business-programs#id1617MD0003U

The individual’s specific duties with regard to the conduct of the firm’s Subcontracting Plan will include, but are not limited to, the following:

(a) Develop and maintain Offerors list of SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB concerns using sources such as the System for Award Management (SAM) [https://www.sam.gov/SAM/], U.S. Department of Commerce, Local Minority Business Development Centers, Economic Development Centers, and National Center for American Indian Enterprise Development.

(b) Assure the inclusion of SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB concerns in all solicitations for supply/services which they are capable of providing;

and ensuring that all solicitations are structured to permit the maximum possible participation by aforementioned concerns.

(c) Establish and maintain records of all solicitations and subcontract awards to ensure that the members of the firm will review Offerors proposals; document their reasons for selecting or not selecting an offer submitted by a SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, or SDVOSB concern; and monitor the firm’s progress towards achievement of its percentage goals.

(d) Attend DoD sponsored training programs in order to develop guidance and training to firm personnel on the policy of the federal government to aid, assist, and counsel small business under this and other government contracts.

(e) Conduct or arrange for all other activities necessary to further the intent and attainment of the goals in the Small Business Subcontracting Plan to include motivational training of the firm’s purchasing personnel, attendance workshops, seminars, and trade fairs conducted by or on behalf of SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and/or SDVOSB concerns; and general cooperation with members of the aforementioned concerns or their representatives.

9. The following steps will be taken to ensure that SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB concerns receive notice of and have an equitable opportunity to compete for intended awards of subcontracts and/or purchase orders for supply/services describe in paragraph 4 above:

(a) Sources will be requested through SAM, business development organizations, minority and small business trade associations and at SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB acquisition related outreach events (e.g., symposiums/conferences/seminars/trade fairs); sources will be contacted; and offer materials will be provided to all responding parties expressing an interest.

(b) Internally, motivational training will be conducted to guide and encourage purchasing personnel;

source lists and guides to SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB concerns will be maintained and utilized by purchasing personnel while soliciting subcontracts and purchase orders; activities will be monitored to ensure sufficient time is allowed for interested firms to prepare their offer and to evaluate continuing compliance with the Small Business Subcontracting Plan.

10. Name of Contractor agrees that FAR Clause 52.219-8 will be included in all subcontracts that offer further subcontracting opportunities. All subcontractors, except SB concerns, who receive subcontracts in excess of $750,000 ($1,500,000 for construction), will be required to adopt a plan that complies with FAR Clause 52.219-9 Alt. II. Such plans will be reviewed to assure that all minimum requirements of an acceptable Small Business Subcontracting Plan have been satisfied. The acceptability of percentage goals shall be determined on a case-by-case basis depending on the supplies/services involved; the availability of potential SB, SDB (including ANCs and Indian Tribes), 00 21 13-6 https://www.sam.gov/SAM/

WOSB, HUBZone, VOSB, and SDVOSB concerns; subcontractors; and prior experience. Once approve and implemented, plans will be monitored through the submission of periodic reports and, as time and availability of funds permit, periodic visits to subcontractor’s facilities to review applicable records and subcontracting program progress.

11. Name of Contractor agrees to submit such periodic reports and cooperate in any studies or surveys as may be required by the Contracting agency or Small Business Administration (SBA) in order to determine the extent of compliance by the offeror with the Small Business Subcontracting Plan and with FAR Clause 52.219-8.

12. Name of Contractor agrees to maintain at least the following types of records to document compliance with the Small Business Subcontracting Plan:

(a) The names of all organizations, agencies, and associations contacted for SB, SDB (including

ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB sources, along with records of attendance at acquisition related outreach events (e.g., symposiums/conferences/seminars/trade fairs) where additional sources were developed.

(b) Source list, guides, and other data identifying for SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB subcontractors and vendors.

(c) Record on all subcontract solicitations resulting in an award of more than $150,000 on a contract-by-contract basis, indicating SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and/or SDVOSB concerns were solicited, and if not, why not; and reason for the failure of solicited aforementioned concerns to receive a subcontract award.

(d) Record of all subcontract award data to include subcontractor’s name and address, to be kept on a contract-by-contract basis.

(e) Records of outreach efforts.

(f) Minutes of internal motivational and training meetings held for the guidance and encouragement of purchasing personnel, and records of all monitoring activities performed for compliance evaluation.

13. Name of Contractor assures they will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the SB concerns that the firm used in preparing its offer, in the same or greater scope, amount, and quality used in preparing and submitting the offer. Note, responding to a request for a quote does not constitute in preparing a bid/proposal. An offeror used a SB concern in preparing the bid/proposal if:

(a) The contractor identifies the SB concern as a subcontractor in the bid/proposal or associated

Small Business Subcontracting Plan, to furnish certain supplies or perform a portion of the contract; or

(b) The contractor used the SB concern’s pricing or cost information or technical expertise in preparing the bid/proposal, where there is written evidence of an intent or understanding that the SB concern will be awarded a subcontract for the related work if the contractor is awarded the contract.

14. Name of Contractor assures they will provide the Contracting Officer with a written explanation if the contractor fails to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work as described in FAR 19.704(a)(12). This written explanation will be submitted to the Contracting Officer within 30-calendar days of contract completion.

00 21 13-7 https://acquisition.gov/content/part-19-small-business-programs#i1100497

15. Name of Contractor assures they will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

16. Name of Contractor assures they will pay its SB subcontractors on time and IAW the terms and conditions of the subcontract, and notify the Contracting Officer if the offeror pays a reduced or an untimely payment to a SB contractor (see FAR Clause 52.242-5, Payment to Small Business Subcontractors).

17. Name of Contractor will submit an Individual Subcontracting Report using the Electronic

Subcontracting Reporting System (eSRS) at https://www.esrs.gov. Report will be submitted semi-annually within 30-caledar days of reporting period end date. Reporting period end dates are 31 March and 30 September.

18. Name of Contractor will submit a final Individual Subcontracting Report using eSRS within 30-calendar days of contract completion.

19. In closing, Name of Contractor states that it will be the policy of Name of Contractor to afford every practicable opportunity for SB, SDB (including ANCs and Indian Tribes), WOSB, HUBZone, VOSB, and SDVOSB concerns to participate in contracts awarded to Name of Contractor by the federal government, to ensure that equitable opportunity is provided to the aforementioned concerns to compete for award of subcontracts and purchase orders, and to diligently pursue the achievement of our goals of participation by the aforementioned concerns in the dollars available for subcontract/purchase order award under this contract.

Name of Contractor

Signature

Date

Title

Phone Number

Approval: (to be completed by the Agency prior to award)

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT (SIGNATURE OF CONTRACTING

OFFICER) (One level above PCO if SDB goal is less than 5%)

00 21 13-8 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_242-5 https://www.esrs.gov/

BID SUBMISSION INSTRUCTIONS

HARD COPY SUBMISSIONS WILL NOT BE CONSIDERED

Bids are due no later than the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

Bids received at the Government Point of Entry after the date and time in block 13.A. of the solicitation will be considered late and will not be considered for award.

Submit your bid package via email to Aragon Liebzeit, at Aragon.N.Liebzeit@usace.army.mil and Michael Saldana at Michael.E.Saldana@usace.army.mil Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidder shall break the file into smaller files sent via separate emails, each marked to identify which number the email is relative to the total number of emails submitted (i.e. “one of four”). Once the emails submitted have been received, the Government will confirm receipt via return email. If a bidder submits multiple bids, the Government will only consider the last bid submitted prior to the bid due date and time. The electronic Bid shall be in Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader.

Bidders shall bookmark and label each electronic PDF to afford easy identification from the Bid table of contents.

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 package (bid, bid guarantee, and small business subcontracting plan if applicable) must be received by the time and date specified in Block 13 of Standard Form 1442, or SF 30 if applicable.

To avoid bid rejection, the bidder 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 14.406.

The requirement that an original and copy(ies) be submitted as found in block 13A of the SF1442 is satisfied through the electronic submission. Additionally, electronic submission of the bid guarantee, is due with the bid submission (mailing a bid guarantee 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, the 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 3:00 pm Pacific Time on the date bids are due. Bidders wishing to participate in the telephonic bid opening shall email a list of their participants to both Aragon Liebzeit, and Michael Saldana 24 hours prior to the bid opening. In the email subject line use title, “W9127N24B0001 Baker Bay Pile Dikes Bid Opening”. The telephone number and security passcode for bidders to utilize will be provided to the bidder’s initial email including the list of its participants. There will be no physical bid opening held at the Portland District, therefore, bidders are advised that they shall not plan to attend a bid opening in person on the day of bid opening.

CLAUSES INCORPORATED BY REFERENCE

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 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

00 21 13-9 mailto:Aragon.N.Liebzeit@usace.army.mil mailto:Michael.E.Saldana@usace.army.mil

52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.225-12 Alt I Notice of Buy American Requirement - Construction

Materials Under Trade Trade Agreements (Feb 2009) - Alternate I

MAY 2014

52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if

00 21 13-10 http://www.sam.gov/ applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

00 21 13-11 http://www.sam.gov/ https://www.sam.gov/

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Pacific County, WA: 6.1% Clatsop County, OR: 3.8%

Both Counties: 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

00 21 13-12

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Pacific County Washington and Clatsop County Oregon.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers Attn: Michael Saldana Contracting Officer PO Box 2946 Portland, OR 97208

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

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

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

00 21 13-13 are urged and expected to inspect the site where the work will be performed.

The site is open to the public and interested bidders may visit the actual/physical site of the work at their own risk on their own time.

(b) An organized virtual site visit has been scheduled for-- 11am PDT 02 August 2024.

(c) The organized site visit will be virtual. Interested bidders must submit an email to Aragon Liebzeit at Aragon.N.Liebzeit@usace.army.mil and Michael Saldana at Michael.E.Saldana@usace.army.mil not later than 2pm PT the day before the scheduled site visit in order to receive the electronic invite. The email must include the company information (name and CAGE code) and the names and email addresses for all interested parties wishing to attend.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation: https://www.acquisition.gov/browse/index/far Army Federal Acquisition Regulation Supplement: https://www.acquisition.gov/afars Defense Federal Acquisition Regulation Supplement: https://www.acquisition.gov/dfars

SPECIAL CONTRACT REQUIREMENTS

FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

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

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

00 21 13-14 mailto:Aragon.N.Liebzeit@usace.army.mil https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/afars https://www.acquisition.gov/dfars

Line 6 Contract/reference number: W9127N24B0001 Line 7 “Name and address of the acquiring agency”: Portland District, 333 SW 1st Avenue, STE 10, Portland, OR, 97204

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.

PROPOSAL INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bid at https://www.projnet.org/projnet/.

Telephone and email inquiries will not be accepted. ProjNet-Bid is a web-based 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 offerors will be held to have reviewed the questions and responses in ProjNet –Bid prior to offer submission. Nothing in the solicitation is changed unless an amendment is issued via Contract Opportunities at SAM.gov.

The Bidder Inquiry Key for this solicitation is: E6CC5K-DEA6J7

To access the ProjNet-Bid website the first time:

00 21 13-15 https://www.projnet.org/projnet/

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 ProjNet-Bid, access the help tab on the ProjNet website.

00 21 13-16

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(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.

(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:

( ) Paragraph (d) applies.

( ) 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—

00 45 00-1

(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…