MRROM North Council Bend Sandy Pt SPECS.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation Number W9128F20B0026

Missouri River Recovery Fish and Wildlife Mitigation 2020 O&M Projects Council Bend and Sandy Point Bend

Missouri River, IA & NE

July 2020

US Army Corps of Engineers Omaha District

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Missouri River Recovery Fish and Wildlife Mitigation

2020 O&M Projects Council Bend and Sandy Point Bend

Missouri River, IA & NE

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION/CONTRACT FORM (SF 1442)

00 10 00-3 BIDDING SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS (RFP)

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00 CONSTRUCTION GENERAL

01 22 00 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 26.00 24 (IOWA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 41 26.02 24 (NEBRASKA) 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 TEMPORARY STORM WATER POLLUTION CONTROL

01 78 39.00 24 AS-BUILT DRAWINGS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE

35 31 20 STRUCTURES

-- End of Project Table of Contents --

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(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

W9128F20B0026

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:

Missouri River Recovery Fish and Wildlife Mitigation 2020 O&M Projects Council Bend and Sandy Point Bend

Missouri River, IA & NE

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.

All bids must be submitted electronically. See Section 00 21 00 INSTRUCTIONS TO OFFERORS, "General Bidding Information" for instructions on submitting bids.

U.S.ARMY CORPS OF ENGINEERS, OMAHA

POC: Lynne Reed (W9128F20B0026) Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

CT

Lynne Reed (402) 995-2039

1 of 507/27/2020

08/26/2020

2:00 pm CT

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_______________

00 10 00 Page 3

BID SCHEDULE

Item Estimated Unit No. Description Quantity Unit Price Amount

BASIC

0001. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 617.40 (1 Structure) 3,584 Tons $_________ $___________

0002. All remaining work Except for Option

Items listed below 1 Job XXX $___________

TOTAL BASIC AMOUNT (Items 0001 thru 0002) $_______________

OPTION 1

0003. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 617.20 (1 Structure) 2,509 Tons $_________ $___________

0004. All remaining work in the option area as shown on the drawings and in the specifications 1 Job XXX $___________

TOTAL AMOUNT – OPTION 1 (Items 0003 & 0004) $_______________

OPTION 2

0005. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 617.75 (1 Structure) 1,579 Tons $_________ $___________

0006. All remaining work in the option area as shown on the drawings and

TOTAL AMOUNT – OPTION 2 (Items 0005 & 0006) $_______________

00 10 00 Page 4

OPTION 3

0007. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 658.0 (1 Structure) 242 Tons $_________ $___________

0008. All remaining work in the option area as shown on the drawings and

TOTAL AMOUNT – OPTION 3 (Items 0007 & 0008) $_______________

OPTION 4

0009. Entire work, complete, for quarried stone as shown on the at River Mile 657.90 (1 Structure) 3,829 Tons $_________ $___________

0010. All remaining work in the option area

TOTAL AMOUNT – OPTION 4 (Items 0009 & 0010) $_______________

OPTION 5

0011. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 657.85 (1 Structure) 1,727 Tons $_________ $___________

0012. All remaining work in the option area

TOTAL AMOUNT – OPTION 5 (Items 0011 & 0012) $_______________

00 10 00 Page 5

OPTION 6

0013. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 657.75 (1 Structure) 4,190 Tons $_________ $___________

0014. All remaining work in the option area

TOTAL AMOUNT – OPTION 6 (Items 0013 & 0014) $_______________

OPTION 7

0015. Entire work, complete, for quarried stone as shown on the drawings and in the specifications at River Mile 657.60 (1 Structure) 5,048 Tons $_________ $___________

0016. All remaining work in the option area

TOTAL AMOUNT – OPTION 7 (Items 0015 & 0016) $_______________

TOTAL AMOUNT BASIC PLUS OPTIONS (Items 0001 thru 0016)$_______________

Notes:

1. See SECTION 00 21 00, INSTRUCTIONS TO OFFERORS (IFB) for evaluation of options.

The Government reserves the right to exercise the options within 180 days after issuance of Notice to Proceed.

2. The 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 Contract Clauses "Variation in Estimated Quantity."

3. Bid prices must be entered for all items of the schedule. Total amount bids submitted without bid prices being entered on individual items will be rejected. Extensions will be subject to verification by the Government. In case of variation between the unit prices and the extensions, 00 10 00 Page 6 the unit prices will be considered the bid. In case of variation between the individual bid item prices and the total amount, the individual bid prices will be considered the bid.

4. A modification to a bid which provides for a single adjustment to the total amount bid should state the application of the adjustment to each respective unit price and lump sum price affected.

If the modification is not so apportioned, the single adjustment will be applied to Item No.0002.

5. See Section 01 22 00 MEASUREMENT AND PAYMENT for additional information.

6. Option Items 0003 and 0004 will be awarded together or not at all. Option Items 0005 and 0006 will be awarded together or not at all. Option Items 0007 and 0008 will be awarded together or not at all. Option Items 0009 and 0010 will be awarded together or not at all. Option Items 0011 and 0012 will be awarded together or not at all. Option Items 0013 and 0014 will be awarded together or not at all. If options items are exercised, the work must be performed within the time remaining under the contract, meaning no additional time will be added to the contract.

2020 MRROM Structures Repair North Council Bend & Sandy Pt, Mo Rv MRQ9

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

1.19 (FAR 52.237-1) SITE VISIT (APR 1984).

1.20 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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

(FEB 2014)

1.22 (Local Provision) ARITHMETIC DISCREPANCIES.

1.23 GENERAL BIDDING INFORMATION

1.23.1 OPENING

1.23.2 SOLICITATION RESTRICTIONS

1.23.3 BASIS FOR AWARD

1.23.4 DESCRIPTION OF WORK

1.23.5 ESTIMATED CONSTRUCTION COST

1.24 INFORMATION FOR MODIFYING BIDS.

1.25 BID GUARANTEE.

1.26 PERFORMANCE AND PAYMENT BONDS.

1.27 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.28 OPTIONS

DOCUMENT 00 21 00 Page 1

1.29 AVAILABILITY OF SUPPLIERS

1.30 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.31 NOTICE REGARDING BUY AMERICAN STATUTE

1.32 FEDERAL, STATE AND LOCAL TAXES

1.33 NEBRASKA SALES AND USE TAX

1.34 IOWA SALES AND USE TAX

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

"Registered in the System for Award Management (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

DOCUMENT 00 21 00 Page 3 registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide 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 –

DOCUMENT 00 21 00 Page 4

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

(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)

DOCUMENT 00 21 00 Page 5

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

Any prospective bidder desiring an explanation or interpretation of the 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

DOCUMENT 00 21 00 Page 6 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) 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 52.233-2) 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.

1.19 (FAR 52.237-1) SITE VISIT (APR 1984).

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Virtual Pre-Bid Webex Meeting Information:

This virtual, pre-bid webex meeting will serve as the site visit for both the MRROM North (W9128F20B0026) and MRROM South (W9128F20B0024) solicitations.

Wednesday, August 05, 2020 10:00 am Central Daylight Time (US & Canada) Hosted by: Randy Sellers

Join by web:

https://usace.webex.com/usace/j.php?MTID=m11e45e7a9c20f2c5ea6354ad7a3a1b8f Meeting number: 146 519 5943 Password: 2Jkk6ZGpig9_

For problems accessing the audio portion of the virtual site visit, please use the "Call Me" function.

Join by phone:

1-877-3361839 Call-in toll-free number (ATT Audio Conference)

DOCUMENT 00 21 00 Page 7

1-636-6510008 Call-in number (ATT Audio Conference) 327 496 2 Access Code 1234 Security Code (End Provision)

1.20 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 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)

1.21 (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—

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

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

1.22 (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.

1.23 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 Lynne Reed, Contracting Specialist Lynne.D.Reed@usace.army.mil

Each email shall contain the following information:

Solicitation No. W9128F20B0026 Bid Due Date and Time: xx June 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

DOCUMENT 00 21 00 Page 9 presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

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

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

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

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

1.23.1 OPENING

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bids are due at 2:00 pm. The bid opening will be held telephonically via conference call at 3:00 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 (Dean.P.Matuszewski@usace.army.mil) and Contract Specialist (Lynne.D.Reed@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.

1.23.2 SOLICITATION RESTRICTIONS

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

1.23.3 BASIS FOR AWARD

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

1.23.4 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for placing refurbishing stone on

DOCUMENT 00 21 00 Page 10 revetments, and constructing new stone L-Head dikes with refusal keys and topsoil. The project includes the following: the placement of stone. Work shall be in accordance with plans and specifications issued with this solicitation.

1.23.5 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $2,500,000 and $5,000,000.

1.24 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).

1.25 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.

1.26 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.

1.27 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).

1.28 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

DOCUMENT 00 21 00 Page 11 significantly less than cost for some work and prices which are significantly overstated for other work.

1.29 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.

1.30 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.

1.31 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.

1.32 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.

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1.33 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt and the tax must be included in the amount bid. Telephone: (402) 595-2065 (Department of Revenue-Omaha).

1.34 IOWA SALES AND USE TAX

The Contractor shall be responsible for payment of Iowa Sales and Use taxes with respect to all materials used under this contract. Section 01 30

00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS, provision "IOWA SALES AND USE TAX," requires the Contractor to furnish to the Contracting Officer the statement required by Section 422.45 (7a), Iowa Code annotated, and to include in subcontracts and purchase orders a clause insuring submission of the statement by first tier subcontractors and suppliers and their subcontractors and suppliers. Telephone: (515) 281-3114 (Department of Revenue).

a. In the event goods, wares or merchandise on which the Contractor has paid Iowa sales or use tax become an integral part of the project, the Contractor shall obtain appropriate forms from the Iowa State Tax Commission for recording the amount of purchases of such goods, wares, or merchandise, and shall complete, execute, and deliver them to the Contracting Officer prior to final settlement of the contract. The Contractor shall provide and report all data and information which may be necessary or required to enable the Contracting Officer to obtain all refunds from the Iowa Tax Commission to which the Federal Government may be entitled.

b. The Contractor shall insert a clause containing the substance of the foregoing paragraph a. in every first tier subcontractor or vendor to include such a clause in any subcontract or purchase order which he places. The Contractor shall obtain completed forms from his subcontractor and suppliers for submission to the Contracting Officer before final settlement of the contract.

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:

Lynne Reed Lynne.D.Reed@usace.army.mil

(402) 995-2039 (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

DOCUMENT 00 21 00 Page 13 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: W9128F20B0026

The Bidder Inquiry Key is: 2HZ4UW-FDWK7Z

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.

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

DOCUMENT 00 21 00 Page 14

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. plan holders List) and 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

DOCUMENT 00 21 00 Page 15

- 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 16

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

04/20

PART 1 GENERAL

1.1 FAR 52.204-8 Annual Representations And Certifications (Mar 2020)

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

1.3 FAR 52.204-26 Covered Telecommunications Equipment or

Services-Representation (Dec 2019)

1.4 FAR 52.209-7 Information Regarding Responsibility Matters (Jul

2013)

1.5 FAR 52.209-12 Certification Regarding Tax Matters (Feb 2016)

1.6 DFARS 252.203-7005 Representation Relating To Compensation Of

Former DOD Officials (Nov 2011)

1.7 DFARS 252.204-7007 Alternate A, Annual Representations and

Certifications (Apr 2020)

1.8 DFARS 252.204-7017 Prohibition On The Acquisiton Of Covered

Defense Telecommunications Equipment Or Services—representation (Dec 2019)

1.9 DFARS 252.209-7998 Representation Regarding Conviction Of A Felony Criminal Violation Under Any Federal Or State Law (Deviation 2012-O0007) (Mar 2012)

1.10…