Force Main Bank Stabilization Oahe Dam SD.pdf

SPECIFICATIONS &

DRAWINGS

(For Construction Contract)

Solicitation Number W9128F20B0018

Force Main Bank Stabilization Oahe Dam, SD

April 2020

US Army Corps of Engineers Omaha District

Force Main Bank Stabilization

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION, OFFER AND AWARD

00 10 00-3 BIDDING SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS (IFB)

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES - IFB)

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 12 00 CONSTRUCTION GENERAL

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.01 24 (SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

DIVISION 02 - EXISTING CONDITIONS

02 24 50 STONE (RIPRAP) PROTECTION

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

-- End of Project Table of Contents --

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

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

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

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

is, is not required.

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

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

calendar days and complete it within calendar days after receiving

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

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W9128F20B0018

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

The offeror hereby agrees to do all work described in the documents entitled:

Force Main Bank Stabilization

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), AND SECTION 00 45 00.

THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS INTERESTS.

U.S.ARMY CORPS OF ENGINEERS, OMAHA

POC: Nicole Parker (W9128F20B0018) Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

CT

Nicole Parker (402) 995-2210

1 of 404/03/2020

05/05/2020

2:00 pm

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

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

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS Number or Unique Entity Identifier Number:

U.S. Army Engineer District, Omaha 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

SEE ATTACHED CLIN BIDDING SCHEDULE

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

BIDDING SCHEDULE

Item Estimated Unit No. Description Quantity Unit Price Amount

Basic Items First 500 LN FT Left and Right Bank Stone Protection.

0001 All work complete to supply and install Riprap as specified in the specifications and drawings. 8,600 TON $________ $ _

0002 All work complete to supply and install Geotextile Fabric as specified. 5,000 SY $________ $ _

0003 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 1,500 CY $________ $ _

0004 All work complete to supply and install choking material as specified. 50 TON $________ $ _

0005 All remaining work including but not limited to:

mobilization, demobilization, access road, shaping, and maintenance, and all other work except the work listed in the items above and below. 1 JOB $ _

Option 1 Next 100 LN FT of Left and Right Stone Protection.

0006 All work complete to supply and install Riprap as specified. 2,050 TON $________ $ _

0007 All work complete to supply and install Geotextile Fabric as specified. 1,250 SY $________ $ _

0008 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 250 CY $________ $ _

0009 All work complete to supply and install choking material as specified. 10 TON $________ $ _

0010 All remaining work. 1 JOB $ _

Option 2

0011 All work complete to supply and install Riprap as specified. 2,050 TON $________ $ _

0012 All work complete to supply and install Geotextile Fabric as specified. 1,250 SY $________ $ _

0013 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 250 CY $________ $ _

0014 All work complete to supply and install choking material as specified 10 TON $________ $ _

0015 All remaining work. 1 JOB $ _

Option 3

0016 All work complete to supply and install Riprap as specified. 2,050 TON $________ $ _

0017 All work complete to supply and install Geotextile Fabric as specified. 1,250 SY $________ $ _

0018 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 250 CY $________ $ _

0019 All work complete to supply and install choking material as specified 10 TON $________ $ _

0020 All remaining work. 1 JOB $ _

Total Amount for Basic Items (Items 0001 – 0005) $___________________

Total Amount for Option 1 Items (Items 0006 – 0010) $___________________

Total Amount for Option 2 Items (Items 0011 – 0015) $___________________

Total Amount for Option 3 Items (Items 0016 – 0020) $___________________

Total Amount for Basic plus all Optional Items (Items 0001 – 0020) $___________________

NOTES:

1. Prices must be entered for all line items in the Pricing Schedule. Total amount bids submitted without bid prices being entered on individual items will be rejected. In case of variation between the item amounts and the total bid amount, the item amounts will be considered in calculating the total bid amount. In case of variation between the unit prices and the item amounts, the unit prices will be considered in calculating the total bid amount.

2. Quantities for unit priced items are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY.

3. Funds are reasonably assured for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date.

4. The “all remaining work” bid items shall include all necessary work activities not listed as pay items but necessary to complete the work, including but not limited to: Contractor staging, site access, restoration of disturbed surfaces, environmental protection measures, construction debris removal and disposal, care of water, quality control sampling and testing, required safety equipment, daily reports, etc.

5. Bids will be evaluated based on the total price submitted.

6. See 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The government reserves the right to exercise To options at any time prior to completion of riprap placement.

- - End Section PS - -

Force Main Bank Stabilization, Oahe Dam, SD OA90

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

1/20

PART 1 GENERAL

1.1 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA

ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

1.2 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

1.3 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984)

1.4 (FAR 52.214-5) SUBMISSION OF BIDS (DEC 2016).

1.5 (FAR 52.214-7) LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF

BIDS (NOV 1999).

1.6 (FAR 52.214-18) PREPARATION OF BIDS CONSTRUCTION (APRIL 1984)

1.7 (FAR 52.214-19) CONTRACT AWARD SEALED BIDDING CONSTRUCTION (AUG

1996).

1.8 (FAR 52.214-34) SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991)

1.9 (FAR 52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.10 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE

OF THE WORK (MAY 2014)

1.11 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016)

1.12 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

1.13 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

1.14 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984)

1.15 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

1.16 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990).

1.17 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

1.18 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984).

1.19 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

1.20 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

1.21 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

1.22 DFARS 252.204-7004) ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT

(FEB 2014)

1.23 (Local Provision) ARITHMETIC DISCREPANCIES.

1.24 GENERAL BIDDING INFORMATION

1.24.1 BID OPENING

1.24.2 SOLICITATION RESTRICTIONS

1.24.3 BASIS FOR AWARD

1.24.4 DESCRIPTION OF WORK

1.24.5 ESTIMATED CONSTRUCTION COST

1.25 INFORMATION FOR MODIFYING BIDS.

1.26 BID GUARANTEE.

1.27 PERFORMANCE AND PAYMENT BONDS.

1.28 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

DOCUMENT 00 21 00 Page 1

1.29 OPTIONS

1.30 AVAILABILITY OF SUPPLIERS

1.31 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.32 NOTICE REGARDING BUY AMERICAN STATUTE

1.33 FEDERAL, STATE AND LOCAL TAXES

1.34 TAXES - STATE OF SOUTH DAKOTA

1.34.1 EXCISE TAX

1.34.2 USE TAX

1.34.3 INFORMATION

1.35 BIDDER'S QUESTIONS AND COMMENTS.

1.35.1 BIDDER INQUIRY

1.35.2 PLAN HOLDER'S LIST

1.36 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

1.37 PRE-AWARD SURVEY INFORMATION (Local Provision) (Sep 93)

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

1/20

PART 1 GENERAL

PROVISIONS INCORPATED BY REFERENCE (IBR)

1.1 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

1.2 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

1.3 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984)

1.4 (FAR 52.214-5) SUBMISSION OF BIDS (DEC 2016).

1.5 (FAR 52.214-7) LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS

(NOV 1999).

1.6 (FAR 52.214-18) PREPARATION OF BIDS CONSTRUCTION (APRIL 1984)

1.7 (FAR 52.214-19) CONTRACT AWARD SEALED BIDDING CONSTRUCTION (AUG 1996).

1.8 (FAR 52.214-34) SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

1.9 (FAR 52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.10 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF

THE WORK (MAY 2014)

1.11 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

PROVISIONS IN FULL TEXT

1.12 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision-

“Electronic Funds Transfer (EFT) indicator” means a fourcharacter 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 (SAM0" 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;

DOCUMENT 00 21 00 Page 3

(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 TIN validation to the Government as a part of the SAM registration process;

and

(4) The Government has marked the record "Active".

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

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

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

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

(1) Company legal business.

(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)

1.13 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means –

DOCUMENT 00 21 00 Page 4

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic

Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code..

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation.

Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

1.14 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984)

Any prospective bidder desiring an explanation or interpretation of the

DOCUMENT 00 21 00 Page 5 solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

1.15 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

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

1.16 (FAR 52.217-5) EVALUATION OF OPTIONS (JUL 1990).

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

1.17 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c)

DOCUMENT 00 21 00 Page 6 and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

1.18 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984).

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

1.19 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 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 District Counsel, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

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

1.20 (FAR 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) A site visit is scheduled for 13 April 2020 at 1:30 pm (Central Time). Contractors interested in seeing the site need to make reservation with Jason Taylor telephone (605) 945-3416 or (605)280-1891 (cell) or by e-mail at Jason.R.Taylor@usace.army.mil. Contractors are to meet at the entrance of Campground #3, located 4 miles North of Ft Pierre on Hwy 1806.

With respect to CDC guidelines, the site visit will require all participants to maintain a minimum of 6 feet physical distancing from one another.

1.21 FAR 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

DOCUMENT 00 21 00 Page 7 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):

http://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/ (End of provision)

1.22 (DFARS 252.204-7004) ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB

2014)

As prescribed in 204.1105, substitute the following paragraph (a) for paragraph (a) of the provision at FAR 52.204-7:

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

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

(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 Contractor will be required to provide consent

DOCUMENT 00 21 00 Page 8 for TIN validation to the Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

1.23 (Local Provision) ARITHMETIC DISCREPANCIES.

(a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) In case of discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be corrected;

(4) Apparent errors in addition of lump sum and extended prices will be corrected.

(b) For the purposes of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

1.24 GENERAL BIDDING INFORMATION

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

Dean Matuszewski, Contracting Officer Dean.P.Matuszewski@usace.army.mil Nicole Parker, Contract Specialist Nicole.L.Parker@usace.army.mil

Each email shall contain the following information:

Solicitation No. W9128F20 B 0018 Bid Due Date and Time: 05 May 2020 at 2:00pm Bid Validity Date: 60 days from bid opening

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the offeror must make every effort to ensure its electronic submission is virus-free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits

DOCUMENT 00 21 00 Page 9 multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e.

bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

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

1.24.1 BID OPENING

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bid opening will be held telephonically via conference call at 2:00 pm on the date bids are due. Due to the requirement that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow the contracting office time to download all bid documents submitted. The USACE Omaha District will not accept any hard copy documentation submitted in response to this invitation for bids.

Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer (Lee.M.McCormick) and Contract Specialist (Nicole.L.Parker@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference "IFB Number and Title" in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

1.24.2 SOLICITATION RESTRICTIONS

SOLICITATION OF BIDS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS ONLY.

1.24.3 BASIS FOR AWARD

IT IS INTENDED THAT AWARD WILL BE MADE TO ONE BIDDER FOR THE ENTIRE WORK.

1.24.4 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for Oahe Force Main Bank Stabilization.

Work shall be in accordance with plans and specifications issued with this solicitation.

1.24.5 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $500,000 and $1,000,000.

DOCUMENT 00 21 00 Page 10

1.25 INFORMATION FOR MODIFYING BIDS.

All bids will be received via email. Should a bid modification need to be submitted, the modified bid shall be sent the same method the original bid was submitted, via email, prior the deadline (date and time stated within Block 13 of the SF1442).

1.26 BID GUARANTEE.

See General Conditions (Contract Clauses) FAR 52.228-1, BID GUARANTEE. The Bid Guarantee must be submitted on a Standard Form 24 and include original signatures and be accompanied by a Power of Attorney appointing an attorney-in-fact with authority to bind the surety so that, at the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation. The Power of Attorney must include a Certification as to the authority of the surety's agents that either has an original (wet) signature of an officer of the surety or has a mechanically applied or facsimile signature that is supported by a resolution of the surety authorizing their use and committing it to be bound by them.

1.27 PERFORMANCE AND PAYMENT BONDS.

See General Conditions (Contract Clauses) clause FAR 52.228 15, PERFORMANCE AND PAYMENT BONDS. To have the bond considered valid, both the bond and the Power of Attorney must be original. Facsimile copies will not be acceptable, and will render the bid invalid, therefore eliminating it from competition.

1.28 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the U.S. General Services Administration website at:

https://beta.sam.gov/

It shall be the contractor's responsibility to check the websites for any amendments. The offeror shall submit in the offer all requested information specified in this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the https://beta.sam.gov web site (registration required) is available at: website above.

1.29 OPTIONS

The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

1.30 AVAILABILITY OF SUPPLIERS

Each bidder shall, upon request of the Contracting Officer, furnish a list of suppliers available to the bidder and proposed for use on the work.

DOCUMENT 00 21 00 Page 11

1.31 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the Contractor's cost for equipment ownership and operating expenses shall be determined in accordance with the requirements of Special Contract Requirement, EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE, contained in Section: 00 73 00, SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS) of the specifications. A copy of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule" is available for review at the office listed in paragraph: SITE VISIT (CONSTRUCTION) herein or at the following internet address:

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

1.32 NOTICE REGARDING BUY AMERICAN STATUTE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statute shall be permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements, if included in the solicitation. A bid offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. When a bidder proposes to furnish nondomestic construction material, his bid must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid, unless allowed under Trade Agreements, if included in the solicitation. All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-9 Buy American Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American statute. It is the Contractor's responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications and Buy American statute requirements of the solicitation.

1.33 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE

AND LOCAL TAXES.

1.34 TAXES - STATE OF SOUTH DAKOTA

1.34.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

1.34.2 USE TAX

Government furnished construction material used by the Contractor in the

DOCUMENT 00 21 00 Page 12 performance of the work is subject to use tax. The value of the material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision "Government Furnished Property."

1.34.3 INFORMATION

The "excise" and "use" taxes shall be included in the price or prices bid.

For information concerning the taxes contact: http://dor.sd.gov/

1.35 BIDDER'S QUESTIONS AND COMMENTS.

Questions and/or comments relative to these bidding documents should be submitted via Bidder Inquiry as indicated below. See instructions on when e-mail or mailing is appropriated. Mailing address is shown on the Standard Form SF1442, Item 8, unless directed otherwise.

Questions and/or comments relative to these bidding documents that are proprietary in nature or if Bidder Inquiry system (See Below) is out of service should be submitted to the Contract Specialist at:

Contract Specialist - Primary POC:

Nicole Parker(402) 995-2210@usace.army.mil 402-995-Nicole.L.Parker@usace.army.mil (Telephone)

1.35.1 BIDDER INQUIRY

Technical inquiries and questions relating to technical requirements, bidding procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than ten (10) calendar days before bid opening, in order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

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

The Solicitation Number is: W9128F20B0018

The Bidder Inquiry Key is: XJF9M8-EUX82C

a. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

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

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

DOCUMENT 00 21 00 Page 13

3. Key. Enter the Bidder Inquiry Key listed above.

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

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

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

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

4. Key. Enter the Bidder Inquiry Key listed above.

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

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. The Bidder Inquiry System will be unavailable for new inquires after ten

(10) calendar days in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. Offers will be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids.

1.35.2 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and

DOCUMENT 00 21 00 Page 14

Receiving Notifications or e-mail of changes regarding a solicitation, Federal Business Opportunities has these features available (https:// beta.sam.gov/). For this solicitation, go to https://beta.sam.gov/ and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the "Add me to Interested Vendors" for the solicitation.

1.36 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

Bid results will be available after bid opening on the Government's web address: https://www.beta.sam.gov/. See paragraph Copies of Solicitation Documents and Amendment for direct link.

1.37 PRE-AWARD SURVEY INFORMATION (Local Provision) (Sep 93)

In accordance with Paragraph PERFORMANCE AND PAYMENT BONDS, request that the following information be submitted with your bid. This facilitates the award process.

1. Financial

- Name, address, and telephone number of Financial Institution

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

2. Bonding Information

- Name, address, and telephone number of Surety Company.

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

3. Performance

- Provide three (3) references to be contacted on your company's performance. The following information should be submitted:

Name and Fax number of Owner/User Project Name, Location, Contract Number, brief project description, and dollar value Name, telephone number, and email addresses of individuals

(primary and alternate) that can verify performance of the project.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section --

DOCUMENT 00 21 00 Page 15

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

01/20

PART 1 GENERAL

1.1 FAR 52.204-8 Annual Representations And Certifications (Oct 2018)

1.2 FAR 52.209-7 Information Regarding Responsibility Matters (Oct

2018)

1.3 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

1.4 DFARS 252.203-7005 Representation Relating To Compensation Of

Former DOD Officials (Nov 2011)

1.5 DFARS 252.204-7007 Alternate A, Annual Representations and

Certifications (Dec 2019)

1.6 DFARS 252.209-7998 Representation Regarding Conviction Of A

Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

1.7 DFARS 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-O0004) (Jan 2012)

PART 2 NOT USED

PART 3 NOT USED

DOCUMENT 00 45 00 Page 1

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

01/20

PART 1 GENERAL

IMPORTANT NOTE:

Online Representations and Certifications Application per FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS is required to be completed.

Failure of completing applicable requirements contained herein and online representations and certifications and/or provisions may result in delay of contract award. Online Representations and Certifications are available at:

https://www.sam.gov/portal/public/SAM/

Provide the following certifications and representations as a part of the proposal, check the appropriate boxes, fill in the appropriate information, and submit with Standard Form 1442 (Section 00 10 00).

1.1 FAR 52.204-8 Annual Representations And Certifications (Oct 2018)

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

(2) The small business size standard is a concern for which the average annual receipts of the preceding three (3) fiscal years did not exceed $36.5 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(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 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.