B08 - W9123822B0006 - 20220216.pdf

Low er American River (LAR) Contract 2: Sites 2-2 and 2-3 / P2 # 456852

The project includes roughly 7,800 feet of stream bank protection and stabilization of the existing riverbank and levee to protect critical infrastructure against the effects of erosion during large f lood events in accordance w ith the attached Plans and Specif ications.

Magnitude of Construction: betw een $25,000,000 and $100,000,000 NAICS: 237990, Other Heavy and Civil Engineering Construction Product Service Code (PSC): Y1LC, Construction of Tunnels and Subsurface Structures SBA Size Standard: $39,500,00.00 Annual Revenue Requirement is an unrestricted, competitive procurement, utilizing a Prequalif ied Sources List (PSL).

X

JENNIFER L WHEELIS 916-563-6320

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

16-Feb-2022

(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 ________578 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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 specified in Item 8 by ___________ local time ______________17 Mar 2022 (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 _______90 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

US ARMY CORPS OF ENGINEERS, SACRAMENTO

CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

09:00 AM (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:

W9123822B0006 50

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

W9123822B0006

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Plans 65 28-JAN-2022 Attachment 2 Specifications 463 27-JAN-2022 Attachment 3 Bid Schedule 3 14-FEB-2022 Attachment 4 Construction Wage Rate

Requirements

CA20220007

44 04-FEB-2022

Attachment 5 Pre-Award Survey 4 09-FEB-2022

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

LAR C2: YEAR 1 SITE 2-3

FFP

The Contractor shall provide all materials, equipment, labor, supervision, and meet all other requirements to complete the work outlined for year 1 at Lower American River (LAR) site 2-3 in accordance with the terms of the contract, project plans, specifications, and other attachments.

FOB: Destination

PSC CD: Y1LC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

LAR C2: YEAR 2 SITE 2-2 & 2-3

FFP

The Contractor shall provide all materials, equipment, labor, supervision, and meet all other requirements to complete the work outlined for year 2 at Lower American River (LAR) site 2-2 & 2-3 in accordance with the terms of the contract, project plans, specifications, and other attachments.

PSC CD: Y1LC

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 578 dys. ANP 1 VALLEY RESIDENT OFFICE

2021 JEFFERSON BLVD

WEST SACRAMENTO CA 95691

W91238

0002 578 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

W91238

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.214-18 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 52.222-5 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

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 NOV 2020 252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.236-7007 Additive or Deductive Items DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV

2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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, Sacramento District Attn: Nickie Cruthirds, Contracting Officer 1325 J. Street, Rm 878 Sacramento, California 95814

(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)

(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 24 February 2022 at 0900 / 9 A.M. PST.

(c) Participants will meet at Campus Commons River Access (Golf Course), 2 Cadillac Dr., Sacramento, CA, 95825. The site visit will include a driving tour that will head sout east along the levee crown, making periodic stops, and ending at 1701 University Ave, Sacramento, CA, 95825. As the site visit will be conducted in a public area, precoordination requests to attend are not required. Please arrive at least ten (10) minutes before the site visit begins to sign in.

(End of Provision)

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 these addresses:

www.acquisition.gov https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of Provision)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

None.

52.252-5 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 (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

INSTRUCTIONS TO OFFERORS

I. SOLICITATION AVAILABILITY

(a) The solicitation, solicitation attachments, and amendments are posted on the Government-wide Point of Entry, the System for Award Management (SAM - www.sam.gov/SAM).

(b) The point of contact for this solicitation is:

Jennifer Wheelis, Contract Specialist E-Mail: Jennifer.L.Wheelis@usace.army.mil (preferred contact method)

(c) Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals. An award notice will be posted on SAM following contract award.

II. AVAILABILITY OF REFERENCED PUBLICATIONS

(a) USACE publications can be found at: https://www.publications.usace.army.mil/

(b) Construction Criteria Base (CCB). The CCB system, available through the National Institute of Building

Sciences, includes copies of USACE methods and specifications. CCB information can be obtained from:

http://www.wbdg.org/ccb/ccb.php

III. OFFEROR QUESTIONS

(a) Prospective Offerors must submit all questions regarding the solicitation, requirement, or other Requests for

Information (RFIs) through the ProjNet Suite Bidder Inquiry System: https://www.projnet.org/projnet.

(b) Please review the solicitation, plans, and specifications in their entireties, and review previous questions and answers in ProjNet, before submitting a new inquiry.

(c) To submit and review inquiries, prospective Offerors must be a registered user or self-registered user in ProjNet. To self-register: from the ProjNet homepage, click on the ‘Quick Add’ link. Select USACE as the agency, enter the Bidder Inquiry Key listed below, enter your e-mail address, and then click ‘Continue’. Fill in all required information and click ‘Add User’.

(i) From this page you can view all current inquiries or add a new inquiry.

(ii) ProjNet will e-mail an acknowledgement that a new question has been submitted and will send a subsequent e-mail when the answer to their question has been posted.

(iii) The Solicitation Number is: W9123822B0006

(iv) The Bidder Inquiry Key is: 84K8XB-TNEME3

(d) ProjNet will be closed to new inquiries seven (7) calendar days after the site visit to ensure adequate time is available to respond to questions and amend the solicitation, if necessary.

(e) The ProjNet call center operates weekdays from 0800 / 8:00 A.M. to 1700 / 5:00 P.M., U.S. Central Time Zone (Chicago); they can be reached by calling 1-800-428-HELP.

IV. CONTRACTOR RESPONSIBILITY

(a) FAR Subpart 9.1 requires that contracts be awarded only to responsible prospective Contractors.

(b) To be determined responsible, a prospective Contractor must meet the standards in FAR 9.104 and any other standards set forth in the solicitation.

(c) To be determined responsible, Offerors must provide a statement regarding previous experience completing comparable work as well as information about the business organization, financial resources, and equipment to be used in performing the contract, by completion of a Pre-Award Survey (see solicitation Attachment 5).

(d) If the Offeror does not demonstrate sufficient resources in the completed Pre-Award Survey, acceptable evidence of "ability to obtain" the required adequate resources normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

(e) Additionally, Offerors shall provide letter(s) from banks or other financial institutions with which the Offeror conducts business. The letters should contain information about your firm's accounts, loans, lines of credit, etc.

to assist the Government in determining financial stability, history of timely payments, the length and nature of the relationship between the firm and the financial institution, and the firm's financial ability to perform the contract. The letters should also provide the name and telephone number of the bank representative the Government may contact. If responding to the solicitation as a Joint Venture (JV), provide this information for each JV participant.

V. CONTRACTOR TEAMING ARRANGEMENTS

(a) “Offeror” may include a group of two (2) or more entities that have formed a “Contractor team arrangement”

(CTA) as defined in FAR 9.601; this includes partnerships, JVs, and Subcontractor agreements.

(b) In the case of entities that have formed a CTA, the experience and performance history of any member of the team, whether or not gained while working with the other member(s) of the currently proposed CTA, may be considered as a part of the evaluation of the Offeror’s proposal.

(c) In the case of CTAs involving a prime Contractor and Subcontractor(s), where the prime Contractor submits the proposal in response to this IFB, the prime Contractor must have completed at least two (2) of the total projects submitted for Factor 3, Past Performance.

(d) An Offeror that relies upon the experience or past performance of a CTA member must maintain that CTA throughout contract performance. The Government must approve any changes to CTAs.

VI. SUBMISSION REQUIREMENTS

(a) Media Limits. Only submit the electronic files specifically requested in this section. Do not submit excess information, audio-visual materials, electronic media, etc. Do not include links to information on websites in lieu of incorporating the information in the offer.

(b) Page Limits. There is not a page limit for the overall offer; however, page limits may be imposed at the Volume and/or Tab levels.

(c) Page Definition. For Volumes and/or Tabs with page limitations, pages will be counted as follows: One (1) side of the paper is one (1) page; information on both the back and front of one sheet of paper is two (2) pages.

Where authorized, a foldout sheet will count as one (1) page. Pages furnished for organizational purposes, such as a Table of Contents or divider tabs, are excluded from page limits.

(d) Page Size, Margin, and Font Limitations. Except where another size is specifically authorized for a submission, submit only 8.5” x 11” pages. Use at least 1-inch margins; headers and footers may be outside the 1-inch margins. Do not justify the right margin. Do not use a font size smaller than 10-point. Do not use unusual font styles such as script or condensed fonts; all text and graphics must be clearly legible.

(e) Volume Tabs. Volume Tabs directly correlate to evaluation factors. Although the Government may evaluate information contained anywhere in an Offeror’s proposal, the Government is not obligated to search for or consider information that is not located in the specified Tab. For electronic proposals, Tab means a PDF bookmark. If a Tab is not applicable to your proposal, omit that Tab but do not renumber subsequent Tabs.

(f) Conditioning of Offer. Offerors may not propose exceptions to the solicitation. Inclusion of any standard company terms and conditions that conflict with the solicitation may result in a determination that the offer is unacceptable and thus ineligible for award. Questions about the terms and conditions or technical requirements must be resolved through ProjNet prior to offer submission.

(g) Restrictions on Offeror-Provided Information. Offers shall not contain classified data. “Confidential” projects may be submitted to demonstrate capability if all information required for evaluation can be provided to the Government. Offerors that include data in their proposals that they do not want disclosed or used except for evaluation purposes must redact the data in accordance with FAR 52.215-1, Instructions to Offerors - Competitive Acquisition.

VII. BONDING BY INDIVIDUAL SURETIES

(a) Offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 24, Bid Bond, SF 28, Affidavit of Individual Surety, the bond, and a pledge of acceptable assets from each individual acting as an individual surety (see FAR 52.228-11, Pledges of Assets).

(b) Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate.

(c) Failure to provide all required bonding documents will render the Offeror nonresponsible and thus ineligible for award.

VIII. REQUIRED BID DOCUMENTS

Bids MUST include:

(a) Tab 1- Completed Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or

Repair) with continuation pages and acknowledgement of all Amendments, duly executed by an official authorized to bind the company.

(b) Offeror must fill out SF 1442 blocks 14, 15, 17, 20A, 20B, 20C, 30A, 30B, and 30C.

(c) Block 14 - Must include the Offeror’s name, address, and Commercial and Government Entity (CAGE) code and/or EIN or DUNS.

(d) Offeror may complete SF 1442 block 19 to acknowledge amendments. Alternatively, Offeror may submit page one (1) of all issued SF 30s to acknowledge amendments. Offeror must acknowledge all amendments using one of these methods.

(e) Block 30A, 30B, and 30C - Must be duly executed and signed by an official authorized to bind the Offeror.

(f) Note: If the SF 1442 and/or the bid schedule are changed by amendment, Contractors must submit the amended versions with their bid.

(g) If the Offeror is proposing based on a CTA, include a copy of the JV agreement or other supporting documentation identifying the legal name(s) of all entities, describing the nature of each entity’s relationship (teaming/partnering, JV, etc.) and their role on the contract, and including signatures from all parties.

(h) There is no page limit for this tab.

(i) Tab 2 - Completed SF 1442 Contract Line Item Number (CLIN) Schedule (solicitation section 00 10 00), and completed Bid Schedule, with proposed CLIN prices and bid breakout provided where indicated.

(j) Offeror should use the pricing breakout structure provided in solicitation Attachment 3, Bid Schedule.

(k) Prices must be proposed for all CLINS.

(l) Unit prices must be extended to “dollar and cents” amounts, i.e., two (2) decimal places; do not round prices to the nearest dollar.

(m) Check the pricing submission very carefully for mathematical and clerical errors prior to submission.

(n) Tab is limited to three (3) pages.

(o) Tab 3 - Confirmation of Prequalified Sources List (PSL) Capabilities

(p) In this tab, the Offeror must identify the Prequalified Contractor(s) that make up the team to complete the project and provide copies of Subcontractor commitment letters (if required).

(q) Only bids received from Offerors presently named on PSL W9123821S0006 (Prequalification of Sources List - American River Common Features - Sacramento River and American River Erosion Contracts) under the "Earthwork" or "Biotechnical Bank Protection" categories, or Offerors capable of meeting the technical requirements of these PSL categories, will be considered for award.

(r) If an Offeror is not currently listed on the PSL, the Offeror must submit the required prequalification data to be considered for contract award. PSL submission requirements are posted on SAM.gov:

https://sam.gov/opp/996a0b2465494317b3b06883bc887af2/view

(s) If the Offeror and/or key Subcontractors are already on the PSL, this tab should be limited to two (2) pages.

(t) If the Offeror and/or key Subcontractors are not on the PSL and technical information must be submitted to validate the Offeror can meet PSL qualifications, there is no page limit for this tab.

(u) Tab 4 - Completed Representations and Certifications

(v) In accordance with FAR Subpart 4.11, Offerors must be registered in SAM (www.SAM.gov), and have completed annual representation and certification requirements, at the time an offer is submitted.

(w) Offeror may include all of SF 1442, Section 00 45 00.

(x) Offeror must include FAR provision 52.204-8, Annual Representations and Certifications, checked as appropriate in paragraph (b)(2).

(y) There is no page limit for this tab.

(z) Tab 5 - Bid Guarantee, i.e., Standard Form 24, Bid Bond

(aa) Offeror must provide a completed and certified SF 24.

(bb) Bond must include evidence of authority to bind the surety, e.g., power of attorney documentation.

(cc) There is no page limit for this tab.

(dd) Tab 6 - Pre-Award Survey

(ee) Offerors should provide the most recent infomration.

(ff) If Pre-Award Survey responses are so extensive that they go beyond the page limit, Offerors should reduce the content to reflect the most recent (within the last 6 years) and relevant (to the project) infomration.

(gg) Tab is limited to ten (10) pages.

(hh) Tab 7 - Subcontracting Plan

(ii) Tab is limited to five (5) pages.

IX. PREPARATION OF SUBCONTRACTING PLAN

(a) Subcontracting Plans must be developed considering only the subcontracts actually to be awarded.

Subcontracting Plans are required from other than small businesses if the contract price is over $1,500,000; they are not required from small business firms regardless of the contract price.

(b) Subcontracting Plans must meet the requirements of FAR 19.704, DFARS 219.704, and AFARS Appendix DD, Subcontracting Plan Evaluation Part 3, to be determined acceptable for award. Please review the requirements at www.acquisition.gov prior to plan submission.

(c) USACE highly encourages all bidders to meet the following recommended subcontracting goals:

Small Business 15% Small Disadvantaged Business 5% Women-Owned Small Business 5% HUBZone Small Business 3% Veteran-Owned Small Business 3% Service-Disabled Veteran-Owned Small Business 3%

(d) Small business participation goals are identified as a percentage of the total contract value (dollars).

X. SUBMITTING OFFERS

(a) The Government will NOT accept offers submitted in hard copy, by telegraph, or by facsimile.

(b) Offers MUST BE submitted electronically using the DoD Secure Access File Exchange (SAFE):

https://safe.apps.mil/

(c) Offers submitted through SAFE require an Offeror-unique link sent by the Contract Specialist to an Offeror point of contact and associated e-mail address. Registration with DoD SAFE is not required to upload files.

Submissions are limited to 8 GB.

(d) Please request a SAFE link from the Contract Specialist by e-mail to Jennifer.L.Wheelis@usace.army.mil

(e) To ensure request receipt and processing, Offerors must request a DoD SAFE invitation link from the Contract

Specialist by 1400 / 2:00 P.M., Monday, 14 March 2022.

(f) Only one (1) SAFE submission is allowed per Offeror.

(g) Once sent by the Contract Specialist, a SAFE invitation link is only active ONCE (i.e., multiple sessions or versions are not allowed - if the link is clicked, it will not be active at a later date for changes to be made).

(h) The Contract Specialist can verify bid submission receipt upon request; e-mail requests for confirmation are preferred.

(i) Offerors are encouraged to submit bid files early to mitigate potential issues that may include (but are not limited to) coordinating and accessing the DoD SAFE link, correcting data entry errors, or encountering system issues or technical difficulties.

(j) Late bids will not be accepted for any reason.

XI. ACCEPTANCE OF OFFER

(a) A written award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the SF 1442, shall result in a binding contract without further action by either party.

XII. BASIS FOR AWARD

(a) The Government contemplates award of one (1) firm-fixed-price contract to the responsive, responsible Offeror that submits the lowest bid for the total of all CLINs listed in the SF 1442.

(End of Section)

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.219-7000 Advancing Small Business Growth SEP 2016 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2021)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990, Other Heavy and Civil Engineering Construction.

(2) The small business size standard is $39,500,000 annual revenue.

(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 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—

(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 $150,000.

(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 will be performed in the United States or its outlying areas.

(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 will be performed in the United States or its outlying areas.

(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 and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul,…