RELEASED_W9128F23B0012.pdf

The Offeror hereby agrees to do all w ork described in the documents entitled:

FY24 - FY28 Fencing Contracting - Garrison Project, Bow man-Haley Project, and Pipestem Project

RETURN WITH ELECTRONIC COPIES OF OFFER INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), AND SECTION 00 45 00

THIS SOLICITATION IS RESTRICTED TO SMALL BUSINESSES ONLY

X

BRIANNA BOEHNE 402-995-2668

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

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

NEGOTIATED

25-Aug-2023

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________25 Sep 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128F23B0012 111

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9128F23B0012

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

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1,900,000 Garrison Project Fencing

FFP

Garrison Project Fencing - 5 Year Period of Performance The work consists of furnishing all labor, equipment, supplies, facilities, transportation, tools, materials, supervision necessary to complete surveying and construction of fencing as defined in the specifications for lands within the US Army Corps of Engineers boundaries of the Garrison, Pipestem, and Bowman- Haley projects.

Task Orders will be issued based upon price schedule. Orders will not exceed $1.9M total capacity over life of the contract.

FOB: Destination

PSC CD: Y1PZ

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED

OPTION Garrison Project Fencing

FFP

Garrison Project Fencing - 6 Month Optional Extension The work consists of furnishing all labor, equipment, supplies, facilities, transportation, tools, materials, supervision necessary to complete surveying and construction of fencing as defined in the specifications for lands within the US Army Corps of Engineers boundaries of the Garrison, Pipestem, and Bowman- Haley projects.

Task Orders will be issued based upon price schedule. Orders will not exceed $1.9M total capacity over life of the contract.

FOB: Destination

PSC CD: Y1PZ

MAX

NET AMT

PRICING SCHEDULE

SECTION 00 10 00

PRICING SCHEDULE

FY24 - FY28 Fencing Contract Garrison Project, Bowman-Haley Project, Pipestem Project

Brief Description:

The work consists of furnishing all labor, material, equipment, and performing all work for the aforementioned project in the strict accordance with the Contract Clauses, specifications, schedules, drawings, and conditions for the following amount.

Bid Summary:

The U.S. Army Corps of Engineers at the Garrison Project on Lake Sakakawea in North Dakota are requesting that all potential contractors submit a completed pricing schedule with all other pertinent documentation requested to be found eligible for this contract. The specifications of the fence, corner braces, “H” braces, gates, etc., can be found in the construction specifications accompanying this bid sheet. All fencing projects will be submitted to the contractor via Task Order complete with aerial imagery, miles of fence requested, number of gates requested and all other applicable information prior to the contractor starting a fencing project.

Garrison Project: Lake Sakakawea, Riverdale, ND

Year Price/Foot Fence ($) Price/Gate + Installation

Labor ($)

FY24 Included in price of fence

FY25 Included in price of fence

FY26 Included in price of fence

FY27 Included in price of fence

FY28 Included in price of fence

FY29 – Optional 6- Month Extension

Included in price of fence

Pipestem Project: Pipestem Dam, Jamestown, ND

Labor ($)

FY24 Included in price of fence

FY25 Included in price of fence

FY26 Included in price of fence

FY27 Included in price of fence

FY28 Included in price of fence

FY29 – Optional 6-

Bowman-Haley Project: Bowman-Haley Dam, Bowman, ND

Labor ($)

FY24 Included in price of fence

FY25 Included in price of fence

FY26 Included in price of fence

FY27 Included in price of fence

FY28 Included in price of fence

FY29 – Optional 6-

BID TOTAL (all years, all locations): ________________________________________**

**Subject to verification by the Government. In the event of a discrepancy between the Bid Total entered here and the actual total of prices submitted in the tables above, the actual total of the prices submitted shall be considered the bid.

Notes:

1. Prices shall be inclusive of all costs for performing work including labor, materials, taxes, overhead costs, profit, etc.

2. Bid price will be calculated by totaling all bid prices for each location for all years.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $2,500.00 1,900,000.00 $1,900,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $2,500.00 1,900,000.00 $1,900,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

SCOPE OF WORK

STATEMENT OF WORK

Garrison Project, Pipestem Project, Bowman-Haley Project

$1.9M Fencing Installation Indefinite Delivery/Indefinite Quantity (ID/IQ) Single Award Task Order Contract (SATOC)

1.0 GENERAL: The Government intends to award one (1) $1.9M Indefinite Delivery/Indefinite Quantity (ID/IQ) Single Award Task Order Contract (SATOC) to provide fencing installation at the Garrison Project, Pipestem Project, and Bowman-Haley. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Reference maps that are furnished by the government to the contractor are not to be substituted for legal survey maps. The government is not responsible for any variances from the legal boundary in their reference maps and the contractor is responsible for any fencing mistakes when building fence that is not in accordance with the legal survey boundary.

1.1 DESCRIPTION OF SERVICES/INTRODUCTION: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform fencing installation as defined in this Performance Work Statement. The work shall be performed at the following Government owned facilities: Garrison Project on Lake Sakakawea, Pipestem Project and Bowman-Haley Project.

1.2 BACKGROUND: The work to be provided for this contract are boundary fencing between pre-established boundary markers in accordance with individual task orders. The area that the fencing will occur in is within the U.S. Army Corps of Engineer boundaries of the Garrison, Pipestem and Bowman-Haley Projects. The specific areas to fence will be provided to the contractor via task order before fencing is to commence.

1.3 OBJECTIVES: The objectives of this SOW are to properly install a three-strand barbed wire fence, (where applicable) on the legal USACE boundary line. Corner posts, H-braces and some gates will also be required where specified. Legal surveying may be necessary to decipher where Army Corps of Engineer boundary markers and boundary pins need to be replaced, (where boundary markers and pins are absent). Fencing will be placed on the official legal boundary.

1.4 PERIOD OF PERFORMANCE: The ordering period shall be for 5 years consisting of one (1) 5-year base.

The ordering period reads as follows:

1 October 2023 (or date of award) through 30 September 2028

1.5 QUALITY CONTROL: The contractor shall develop a Quality Control Plan (QCP), for approval of the CO/COR, designated to demonstrate how the contractor will meet the needs of the project. The Quality Control Plan shall contain a list of disinfectants and supplies to be used in performing the contract duties. The plan shall identify the Contractor-furnished equipment and state how the work will be accomplished. Changes in the approved plan shall be submitted for approval prior to implementing the change. The Plan shall document how the Contractor will identify and correct performance shortfalls. Complete records of all inspections performed by the Contractor must be maintained and made available to the Government throughout the term of the contract.

1.6 QUALITY ASSURANCE

The government shall evaluate the contractor’s performance under this contract in accordance with Section 014500 “Quality Control” and FAR Clause 52.246-12 “Inspection of Construction”.

1.6.1 The Government has the right to inspect and test all services called for by the contract to the extent practicable for customary commercial services, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that shall not unduly delay the work.

1.6.2 The COR shall inform the contractor when discrepancies occur and shall request corrective action. The COR shall make a notation of the discrepancy with the date, time and discrepancy that was noted, and request the authorized contractor representative to initial the entry and provide the appropriate corrective action.

1.6.3 Government Remedies: The Contracting Officer or the COR shall follow FAR 52.212-4, Contract Terms and Conditions – Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.7 HOURS OF OPERATION

There are no restrictions on the hours of operation to the contractor in this contract. Please note that the government contact for this contract (COR) will only be available to the contractor via phone during the hours of 6:30 AM – 4:00 PM, Monday-Friday during a typical work week. The government is not liable for any mistakes and/or injuries that the contractor’s employees may sustain from working in adverse weather or low light conditions. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 CONTRACTOR PERSONNEL

1.8.1 The contractor shall provide a person who shall be responsible for the performance of the work. The name of this person and alternates who shall act for the contractor shall be designated in writing to the Contracting Officer and the COR within ten (10) days after date of award. Telephone numbers shall be provided where the Project Manager and alternate may be contacted 24/7.

1.8.2 The contractor representative or alternate shall be available during normal duty hours to meet with Government personnel designated by the Contracting Officer or the COR to discuss problem areas.

1.9 CONTRACTOR EMPLOYEES

1.9.1 The contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the Contracting Officer and the COR as a potential threat to health, safety, security, general well-being or operational mission of the facility and its population. List of personnel shall be made available in writing to the Government at the start of the contract.

1.9.2 All contractor personnel shall be fully clothed at all times, including enclosed shoes, while performing these services. Clothing shall be professional, clean and neat in appearance. In addition, all contractor personnel are responsible for wearing the appropriate personal protective equipment in accordance with the owner’s manuals of any and all equipment that they utilize during the performance of this contract.

1.9.3 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

1.9.4 The contractor shall make sure employees have valid driver license(s) before starting work under this contract and throughout the term of the contract. All state and federal laws must be obeyed during the performance of this contract.

1.10 COORDINATION WITH THE PROJECT OFFICE

1.10.1 Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to ensure strict compliance with the terms and conditions of the contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times, at no additional cost. However, upon notice, the contractor shall attend meetings regarding matters affecting this contract.

1.11 SAFETY & SECURITY REQUIREMENTS

1.11.1 The contractor shall comply with all pertinent provisions of the Federal, State, and local regulations as stated in the applicable Safety & Health Requirements Manual per EM 385-1-1. EM 385-1-1 (available on-line at:

http://www.usace.army.mil/CESO/Pages/EM 385-1-1, aspx) and shall take or cause to be taken such additional measures as the CO may determine to be reasonable and necessary for the purpose.

1.11.2 The contractor shall take reasonable measures to safeguard any keys issued to them to perform the services required by the contract. All keys shall be returned to the Government upon request and/or completion of the contract.

Failure to return keys can result in withholding of payment.

1.12 DATA RIGHTS: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software and legal survey maps, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.13 GOVERNMENT-FURNISHED PROPERTY, MATERIAL, EQUIPMENT, OR INFORMATION: The government will furnish legal survey boundary maps of where the contractor is to place fence. All equipment, clothing, personal protective equipment, etc. will be provided by the contractor.

2.0 DEFINITIONS AND ACRONYMS: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Contracting Officer’s Representative (COR): Means an individual designated and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

SOW: Statement of Work

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the Government will reject the specific service.

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Shall: Imperative

3.0 SPECIFIC TASKS

3.1 BASIC SERVICES

The contractor shall install boundary fencing of U.S. Army Corps of Engineers in accordance with Task Order instructions. The fencing for this project will be placed on the legal description, USACE boundary. No new fence will need to be installed where there is existing boundary fence that is in good condition. Existing fence must be repaired or updated to new fence specifications.

3.2 TASK HEADING

Installment of fence posts.

Installment of corner posts, corner braces and H-braces.

Installment of 3-strand barbed wire fence.

Installment of gates where requested.

3.3 WORK SEQUENCE

Schedule and execute work to prevent excessive traffic. Care should be exercised to provide protection from causing vehicle ruts.

3.4 USE OF THE PREMISES

Before beginning work, the contractor must secure approval from the COR for the following:

Areas permitted for personnel parking.

Access to the site.

Areas permitted for storage of materials and debris.

Areas permitted for the loading and unloading materials.

3.5 MATERIALS

Services: The government will perform QA through inspections.

Facilities: The government will not furnish any facilities to the contractor.

Utilities: The government will not furnish any utilities to the contractor.

Equipment: The government will not furnish any equipment to the contractor.

Materials: N/A

3.6 CONTRACTOR FURNISHED SERVICES, FACILITIES, UTILITIES,

EQUIPMENT, AND MATERIALS

Services: The contractor shall furnish QC and all labor.

Facilities: The contractor shall furnish his own facilities.

Utilities: The contractor shall furnish his own utilities.

Equipment: The contractor shall furnish his own equipment.

Materials: The contractor shall furnish his own materials.

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

1.1 GENERAL BIDDING INFORMATION

Bidders shall e-mail bids to the below individuals no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recent SF 30, as applicable:

Jessica Jackson, Contracting Officer: Jessica.R.Jackson@usace.army.mil Brianna Boehne, Contract Specialist: Brianna.Boehne@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F23B0012

b. Bid Due Date and Time: See Section SF1442 (00 10 00 page 1)

c. Bid Validity Date: 60 Days

Bids received after the date and time stated within Block 13 of the SF 1442 or Block 14 of the most recent SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must ensure the e-mail submission is virus-free. The government will follow FAR 14.406 if an e-mail bid is unreadable. Part 15 is not applicable to this acquisition.

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 is not allowed.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

Bidders must include the below information with the bid:

a. Standard Form (SF) 1442 with Blocks 14 through 20c completed and a person’s signature authorized to sign. Bidders must include their CAGE Code in Block 14, under “CODE.”

b. Bid Schedule (SECTION 00 10 00).

c. Bid Bond (SF-24); and

d. Bidder must complete provisions from SECTION 00 45 00 – Representations and Certifications, as applicable and listed below.

i. Bidders must complete and include the certification at FAR 52.209-13 Violation of Arms

Control Treaties or Agreements-Certification.

ii. Bidders must complete and include the representation at FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment ONLY based on its online representation in the provision at 52.204-26 Covered Telecommunications Equipment or Services-Representation in SAM.

iii. Bidders must include the representation at 252.204-7017 Prohibition on the Acquisitions of Covered Defense Telecommunications Equipment or Services-Representation ONLY based on its online representation in the provision at 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation in SAM.

1.1.2 BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by conference call at 3:00 pm CST on the date bids are due. The government scheduled the bid opening an hour after the due time to allow enough time to download all e-mail documents. 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 (Jessica.R.Jackson@usace.army.mil) and Contract Specialist (Brianna.Boehne@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference "W9128F23B0012, Fencing SATOC" 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.

1.1.3 INFORMATION FOR MODIFYING BIDS

If a bidder needs to modify its bid, the bidder shall send the revised offer by e-mail before the date submitted within Block 13 of the SF 1442 or Block 14 of the most recently issued SF 30 applicable.

1.1.4 ARITHMETIC DISCREPANCIES

Any clerical mistake, including arithmetic discrepancies in a bid, will be handled according to FAR 14.407-

2. Any clerical error, apparent on its face in the offer, may be corrected by the contracting officer before award, but only after first obtaining bidder verification of the bid intended. The following are examples of mistakes that may be fixed:

(1) Obviously misplaced decimal points;

(2) Discrepancies between unit price and extended price (unit price will govern);

(3) Apparent errors in extension of unit prices;

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

1.1.5 BASIS FOR AWARD

Per FAR 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 21 00 (Instructions), the government will evaluate bids in response to this solicitation without discussions. It will award a contract to the responsible bidder whose offer, conforming to the solicitation, will be most advantageous to the government, considering only price and the price-related factors specified elsewhere in the solicitation.

Price will be evaluated by totaling all unit prices submitted in the bid schedule and award will be issued to the bidder providing the lowest total evaluated price.

1.1.6 DESCRIPTION OF WORK

The work consists of furnishing all labor, equipment, supplies, facilities, transportation, tools, materials, supervision necessary to complete surveying and construction of fencing as defined in the specifications for lands within the US Army Corps of Engineers boundaries of the Garrison, Pipestem, and Bowman-Haley projects. The specifications of the fence, corner braces, “H” braces, gates, etc., can be found in the construction specifications document. All fencing projects will be submitted to the contractor via a Task Order complete with aerial imagery, miles of fence requested, number of gates requested and all other applicable information prior to the contractor starting a fencing project.

1.1.7 ESTIMATED CONSTRUCTION COST

The minimum awarded amount is $2,500 and the maximum amount is $1,900,000 (total) over five years.

Task Orders will be issued off the Base Contract Award.

1.1.8 BID GUARANTEE

Bid Guarantee is not required for this solicitation.

1.1.9 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions). Performance and Payment Bonds will be required for each individual Task Order over $25,000 in value. The performance bond must be on SF-25, and the payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-25 or SF-25A is not required.

1.1.10 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. The government will post all solicitation documents to https://www.sam.gov/. The bidder is responsible for checking the website for amendments.

To view a list of interested vendors and receive notifications or e-mail of changes regarding the solicitation, bidders must register as vendors on the website listed above. If a bidder is already registered, enter the user name and password to log in and search for the solicitation number. 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 this solicitation.

1.1.11 REJECTION OF BIDS

The government will handle the rejection of bids per FAR 14.404. The government may reject an offer if the prices for line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques. See also 52.214- 19 Contract Award-Sealed Bidding-Construction in Section 00 72 00 (General Conditions) for additional information.

1.1.12 NOTICE REGARDING BUY AMERICAN STATUE

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.

1.1.13 FEDERAL, STATE AND LOCAL TAXES

The bidder is responsible for investigating applicable federal, state, and local taxes and any specific exemptions that may exist and includes applicable Value-Added Taxes (VAT), sales, use, and excise taxes.

See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions).

1.1.14 BIDDER’S QUESTIONS AND COMMENTS

Bidders must submit questions and comments relative to the bidding documents via Bidder Inquiry as indicated below.

Bidders may submit questions and comments relative to any proprietary concerns or bidding documents, or if the Bidder Inquiry system is out of service, to the individuals below:

Contract Specialist – Brianna Boehne Brianna.Boehne@usace.army.mil

Contracting Officer – Jessica Jackson Jessica.R.Jackson@usace.army.mil

1.1.14.1 BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, ten calendar days before bid opening, to allow the government time to respond before receipt of bids or issue an amendment.

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 four

(4) 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.

Bidders must use the Bidder Inquiry Key and instructions below to submit and review inquiry items. A bidder who enters a comment/question will receive an acknowledgment of their comment /question by e-mail, followed by an answer to the comment/question after the government has processed it.

The government will make available all timely questions and approved answers in ProjNet.

The Solicitation Number is: W9128F23B0012

The Bidder Inquiry Key is: 7RRQGW-D3SNMD

a. Registration for ProjNet Bidder Inquiry Access

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

2. Select USACE for the Agency.

3. Enter the Bidder Inquiry Key above.

4. Enter the primary e-mail address to use for communication for.

5. Check the “I agree to the Privacy & Security Notice” box and click Continue. A page will 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, E-mail, Secret Question, Secret Answer, and Time Zone. Bidders will use the answer to the Secret Question from this point on to access the ProjNet system.

7. Click Add User. Once completed, ProjNet registration is complete, and the bidder is logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, bidders will not receive a password by e-mail. Bidders will utilize the 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. Select USACE for the Agency.

4. Enter the Bidder Inquiry Key above.

5. Enter the primary e-mail address used to register.

6. Check the “I agree to the Privacy & Security Notice” box and 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 complete, the bidder is 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 starting four (4) calendar days before bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Bidders are requested to review the plans and specifications in their entirety and review the Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

e. The call center operate weekdays from 8 am to 5 pm Central Standard Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

f. Bids will be publicly opened electronically. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids. The bid abstract will be posted to https://www.sam.gov.

1.1.15 AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening on https://www.sam.gov/.

ORDERING INSTRUCTIONS

ORDERING PROCEDURES FOR TASK ORDERS

I. GENERAL:

PERFORMANCE REQUIREMENTS: The Government may place orders that describe its requirements using Statements of Work, Statements of Objectives, fully designed Specifications, or whatever method chosen by the Government at its sole discretion.

Individual Task Orders contemplated under this solicitation may range from $2,500.00 to $250,000.00.

The minimum Task Order amount is $2,500.00 for any given Task Order. When the Government requires supplies or services covered by this contract in amount of less than $2,500.00 for any one Task Order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those items under the contract.

Orders against this contract will utilize DD Form 1155. All orders against this contract will be handled as a non-commercial construction award.

II. ORDERING PROCEDURES:

1) ORDERING: To clarify the contract clause 52.216-18 - Ordering, the following shall apply:

a. Proposals for each task order shall be requested in writing. Letter requests for proposal will be issued by the

Contracting Officer. Oral or telecommunication requests will be issued only by the Contracting Officer.

Any type of request for proposal shall not be interpreted as a Notice to Proceed with the work.

b. The Government request for proposal will delineate (1) general scope of work; (2) location of work; (3) technical requirements which supplement or complement those contained within the Construction Specifications attached to this solicitation; and (4) time period(s) within which the work must be performed.

c. Task orders will be evaluated for technical acceptability. The contractor shall prepare a firm fixed price proposal to perform the work and submit his/her proposal in writing to the individual and within the time specified in each request for proposal. Verbal proposal, when so requested and authorized, shall be directed only to the Contracting Officer.

d. Each task order will be discussed by the contractor and the Contracting Officer, as necessary, to develop a mutual understanding of:

1. Type and scope of work to be accomplished, including accuracy criteria.

2. End product required by the Contracting Officer.

3. Existing site conditions, survey control, and other available data.

4. A fair and reasonable price to perform the work

e. Time periods within which required work must be accomplished will be defined in each task order placed against the basic contract. Each task order will contain the agreed to scope of work, project to be performed, specific deliverable items, and the final negotiated fixed price for performing the work.

2) UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL:

The contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer.

3) NOTICE TO PROCEED:

The contractor shall commence work upon receipt of a properly executed task order or modification to a task order and complete the work within the time specified in each task order or modification to each task order.

4) PERIOD OF SERVICE

The contract ordering period shall begin upon the date of contract award and shall, unless terminated sooner in accordance with the termination contract clause continue for the period specified.

5) OBLIGATION BY THE GOVERNMENT

The Government is not obligated to fund the maximum cumulative dollar amount of this contract.

6) DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE(S) (COR)

Designation will be made upon award of each task order and a copy of the designation letters will be furnished to the contractor. Limits of authority are described in each designation letter.

7) DESIGNATION OF AUTHORIZED REPRESENTATIVE OF THE CONTRACTOR

The contractor shall assign a member or employee who will act as project manager during the course of this contract or during the course of a task order. This official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

8) OPTION(S) WITHIN TASK ORDERS AND/OR MODIFICATIONS

The Government may require performance of additional work, identified as an option item in individual task orders or modifications to task orders, at the price stated. The Contracting Officer may exercise the option by written notice to the Contractor prior to completion of the work previously authorized under each appropriate task order.

9) GENERAL WAGE DECISION

Davis-Bacon wage rates will be identified for all Task Orders issued under this contract current as of the time of award of the task order.

10) AVAILABILITY OF FUNDS (REFERENCE FAR 52.232-18)

The Government may request proposals for Task Orders for which funding is not currently available for the award.

If funds fail to become available for the award of the project, the event shall not constitute a basis for equitable adjustment under this contract. If after the Government receives a contractor's proposal and funds are not available, the Government may request an extension of the contractor's proposal acceptance period without further competition for the project or may re-solicit the project at its option. If the proposal acceptance period is not extended by the contractor the project may be resolicited.

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers ATTN: Jessica R. Jackson 1616 Capitol Ave Omaha, NE 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.

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) No formal site visit will be held. If an offeror would like to view the site, site visits may be arranged during normal duty hours by contacting:

Name: Andrew Lillejord Telephone: (701) 654-7758 Email: Andrew.J.Lillejord@usace.army.mil

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):

https://acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

DEC 2019

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

MAY 2021

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990 – All Other Specialty Trade Contractors.

(2) The small business size standard is $19M.

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

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

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

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

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.