SOLICITATION 15 MILE BAYOU W912EQ24B0010.pdf

US Army Corps of Engineers Memphis District

Invitation for Bids

15 MILE BAYOU CHANNEL ENLARGEMENT -

ITEM 3

at Crittenden County, Arkansas

Firm-Fixed Price

8(a) Competitive Small-Business Set-Aside

W912EQ24B0010

JULY 2024

W912EQ24B0010

This page was intentionally left blank

15 Mile Bayou Item No. 3

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00.01 SOLICITATION, OFFER, AND AWARD SF-1442

00 10 00.02 BIDDING SCHEDULE

00 21 13 INSTRUCTIONS, CONDITIONS, AND NOTICES

TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00.00 CONTRACT CLAUSE INSERTS

00 73 00.01 SPECIAL CONTRACT REQUIREMENTS

00 73 00.02 WAGE DETERMINATIONS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00.00 11 SUMMARY OF WORK

01 22 00.00 11 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 11 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE (RMS CM)

01 57 19.00 11 TEMPORARY ENVIRONMENTAL CONTROLS

01 57 25.00 11 STORM WATER POLLUTION PREVENTION PLAN

01 58 01.00 11 PROJECT SIGNS, BARRICADES, AND TRAFFIC

CONTROL SIGNS

01 78 00.00 11 CLOSEOUT SUBMITTALS

DIVISION 31 – EARTHWORK

31 11 00.00 11 CLEARING

31 23 00.00 11 EXCAVATION

31 24 00.00 11 FILL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 15 00.00 11 AGGREGATE SURFACE COURSE

32 92 32.01 11 ESTABLISHMENT OF TURF

DIVISION 33 – UTILITIES

33 40 00 STORMWATER UTILITIES

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19.00 11 STONE PROTECTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

FOR SOLICITATION

This project is an 8(a) Competitive Small Business Set-Aside. Fifteen Mile Bayou Item 3 Channel Enlargement consist of 3.7 miles of channel enlargement from channel mile 21.7 to 25.4. Fifteen Mile Bayou, Item 3 will be widened to a bottom width of 40 feet. This procurement consist of a Base Award plus two Options. Only the Base will be obligated at time of award.

The North American Industrial Classified System (NAICS) code for this acquisition is 237990, with a small business size standard of $45M.

Magnitude of Construction is $5M - $10M.

This project is advertised as an 8(a) Competitive Small Business Set-Aside.

IAW 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Please NOTE: this solicitation requires the offeror to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered for award. Those without a NIST score in SPRS will be deemed NON- RESPONSIVE and thus not evaluated/considered for award.

ALL VENDORS MUST HAVE AN ACTIVE REGISTRATION IN SAM.GOV AT THE TIME OF SUBMISSION IN ORDER TO BE CONSIDERED.

ANY VENDOR THAT DOES NOT HAVE AN ACTIVE SAM.GOV REGISTRATION WILL BE REJECTED AS NON-RESPONSIVE.

X

KIMBERLY E BASS 000-000-0000

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

08-Jul-2024

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________610 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Aug 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

KIMBERLY BASS 167 N. MAIN ST

MEMPHIS TN 38103-1894

W912EQ

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 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: 901-579-3648 TEL: FAX:

W912EQ24B0010

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

DOCUMENT 00 10 00.02 11

BIDDING SCHEDULE

15 MILE BAYOU - ITEM NO. 3,

CHANNEL ENLARGEMENT,

CRITTENDEN COUNTY, ARKANSAS

1.1 LINE ITEMS

This contract will be awarded as one lump sum with unit prices required for specifically selected work. A schedule of the unit price work is contained in Standard Form SF 1442, "Solicitation, Offer and Award." See Contract Clauses, "FAR 52.211-18, Variation in Estimated Quantities" and "FAR 52.236-16, Quantity Surveys (APR 1984)," "DFARS 52.236-7008, Contract Prices."

Bid Items with Unit Prices Form Schedule A (Base)

ITEM DESCRIPTION Estimated Unit

Quantity Unit Price Amount

0001 Mobilization and Demobilization 1 JA XXX.XX $____.__

0002 Environmental Protection 1 JA XXX.XX $____.__

0003 Storm Water Pollution Prevention

0003AA Silt Fence/Erosion Control Berm 19,100 LF _______ $____.__ or Equivalent

0003AB Construction Entrance/Exit 1 EA _______ $____.__

0003AC Temporary Environmental Seeding 14 AC _______ $____.__

0003AD Write/Amend and Maintain SWPPP 1 JA _______ $____.__

0004 Clearing, Grubbing, and Snagging 97 HL _______ $____.__

0005 Excavation 100,000 CY _______ $____.__

0006 Establishment of Turf 53 AC _______ $____.__

0007 R-200 Riprap 1,900 TN _______ $____.__

0008 Filter Material 400 TN _______ $____.__

0009 Inlet Culvert Structure 6 EA _______ $____.__

Grand Total Items 0001 thru 0009 $ _______.__

DOCUMENT 00 10 00.02 11 Page 2

FOR SOLICITATION

Bid Items with Unit Prices Form Schedule B (Option 1)

ITEM DESCRIPTION Estimated Unit

Quantity Unit Price Amount

1001 Mobilization and Demobilization 1 JA XXX.XX $____.__

1002 Environmental Protection 1 JA XXX.XX $____.__

1003 Storm Water Pollution Prevention

1003AA Silt Fence/Erosion Control Berm 20,600 LF _______ $____.__ or Equivalent

1003AB Construction Entrance/Exit 4 EA _______ $____.__

1003AC Temporary Environmental Seeding 15 AC _______ $____.__

1003AD Write/Amend and Maintain SWPPP 1 JA _______ $____.__

1004 Clearing, Grubbing, and Snagging 106 HL _______ $____.__

1005 Excavation 150,000 CY _______ $____.__

1006 Establishment of Turf 58 AC _______ $____.__

1007 R-200 Riprap 1,700 TN _______ $____.__

1008 Filter Material 400 TN _______ $____.__

1009 Inlet Culvert Structure 5 EA _______ $____.__

Grand Total Items 1001 thru 1009 $ _______.__

Bid Items with Unit Prices Form Schedule C (Option 2)

ITEM DESCRIPTION Estimated Unit

Quantity Unit Price Amount

2001 Mobilization and Demobilization 1 JA XXX.XX $____.__

2002 Environmental Protection 1 JA XXX.XX $____.__

2003 Storm Water Pollution Prevention

2003AA Silt Fence/Erosion Control Berm 1,500 LF _______ $____.__ or Equivalent

2003AB Construction Entrance/Exit 2 EA _______ $____.__

2003AC Temporary Environmental Seeding 1 AC _______ $____.__

DOCUMENT 00 10 00.02 11 Page 3

FOR SOLICITATION

ITEM DESCRIPTION Estimated Unit

Quantity Unit Price Amount

2003AD Write/Amend and Maintain SWPPP 1 JA _______ $____.__

2004 Clearing, Grubbing, and Snagging 7 HL _______ $____.__

2005 Excavation 10,000 CY _______ $____.__

2006 Establishment of Turf 4 AC _______ $____.__

Grand Total Items 2001 thru 2006 $ _______.__

1.2 NOTES

NOTE 1: Bidders shall furnish unit prices for all items listed on the schedule of bid items, which require unit prices. If the bidder fails to insert a unit price in the appropriate blank for required items, but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid. If the bidder shows only the total price but fails to enter a unit price, the total divided by the estimated quantity will be held to be the intended unit price.

Any bid price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced bid is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

Award will be made as a whole to one bidder.

AC = Acre CF = Cubic Feet CY = Cubic Yard DH = Miles EA = Each FC = 1000 Cubic Feet FT = Foot HF = 100 Feet HH = 100 Cubic Feet HL = 100 Linear Feet HR = Hours HS = 100 Square Feet HY = 100 Yards LB = Pound LF = Linear Foot LH = Labor Hour JA = Job (lump sum) LY = Linear Yard MO = Months SB = Square Mile SF = Square Foot SQ = Square SY = Square Yard TL = 1000 Linear Feet TN = Net Ton UN = Unit YD = Yard YL = 100 Linear Yards YM = Cubic Yards Per Mile

All quantities are estimated except where unit is given as "JA" or "EA".

NOTE 2: If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

DOCUMENT 00 10 00.02 11 Page 4

FOR SOLICITATION

NOTE 3: Offerors are cautioned to read Contract Clause entitled "DFARS 252.204-7004, Alternate A, System for Award Management (FEB 2014) located in Section 00 72 00.00 11 CONTRACT CLAUSE INSERTS.

NOTE 4: OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTION 1 and OPTION 2 Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTION 1 and OPTION 2 Items by written notice to the Contractor. Bidders shall bid on all items including optional items(see "Evaluation of Options" FAR 52.217-5). Failure to bid on all items will result in a nonresponsive bid.

NOTE 5: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL WORK. In the event that the OPTIONAL WORK is exercised under the terms of the contract additional calendar days will be added to the original contract duration. The award of OPTION 1 WORK will include an additional 340 calendar days. The award of OPTION 2 WORK will include an additional 70 calendar days. Additional time for awarded OPTION WORK will be added to the established calendar days indicated for BASE items as specified in the Contract Clause entitled "COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (FAR 52.211-10 - APR 1984)".

-- End of Document --

DOCUMENT 00 10 00.02 11 Page 5

FOR SOLICITATION

Section 00 21 13 - Instructions to Bidders

CONDITIONS AND NOTICES TO BIDDERS

A. BIDDING MATERIAL - Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. All solicitation documents will be posted through https://piee.eb.mil. Prospective bidder should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph N Below). All other inquiries should be emailed to the Contract Specialist at Kimberly.e.bass@usace.army.mil.

The Government contemplates award of one contract to the responsible bidder who submits the lowest priced bid responsive to this invitation for bids. As a matter of responsibility, the awardee shall meet the special standards identified in paragraph K.

BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bid/prices

3. Representations and Certifications (Section 00 45 00)

4. All amendments must be acknowledged

5. Financial Statements (Balance Sheet and Income Statement). Provide a copy of the latest financial statement. If the financial statements are older than one year, furnish a statement as to the current financial status of the company.

7. Equipment list

8. Subcontractor Agreements

9. Statement from prime contractor disclosing what work the prime will accomplish.

B. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidders acknowledge the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make a bidder ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888- 227- 2423, or at: https://www.sam.gov.

(1) Lack of registration in the SAM.gov database will make a bidder ineligible for award. SEE CONTRACT CLAUSE 52.204-7 ENTITLED "System for Award Management".

(2) This requirement now applies to both new and existing entities. Make sure your SAM profile includes "all awards" and not just "Federal Assistance Awards" as this option is only for grants and cooperative agreements. Please visit https://sam.gov for more information.

C. SITE VISITS - There will be no organized site visits prior to the public opening of bids. Bidders should inspect the site where the work will be performed. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal Holidays. The point of contract to schedule a site visit for this Invitation for Bid, is Jason Britt, 2700 AR-147, Proctor, AR 72376 or e-mail jason.w.britt@usace.army.mil. See Section 00 21 00, clause 52.236-27 Alt I, entitled "Site Visit (Construction)".

D. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do so will not relieve offeror from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bid, the specifications, or related documents. See Section 00 72 00, clause 52.236-3, entitled "Site Investigation and Conditions Affecting the Work".

E. DIRECTIONS FOR SUBMITTING BIDS- Vendors seeking to do business with the Memphis District must complete a vendor registration on https://piee.eb.mil/, as you will be required to submit bids through the PIEE Solicitation Module. Please note that it is imperative that the e-mail address you used to register in SAM.GOV MUST be the same e-mail address used to register in PIEE. Identify the Solicitation Number W912EQ24B0010 and Project Title "15 Mile Bayou Item No. 3 Crittenden County, Arkansas". There are 10 general steps a vendor must follow to register and use PIEE application modules. A complete list can be viewed at the following site:

https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml#stepl

F. BID OPENING - Bid opening details will be added via amendment to the solicitation 7 days prior to bid opening.

G. BIDDER'S ADDRESS - Prospective bidders should indicate in the bid, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

H. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS -The right is reserved as the interest of the Government may require, to revise or modify the specifications or drawings or both prior to the date set for receiving Invitation for Bid. Such revisions and amendments, if any, will be announced by an amendment or modifications to this Invitation for Bid. If the revisions and modifications are of a nature which requires material changes in quantities or prices or both, the date set for Invitation for Bid may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bid. In such cases, the amendment will include an announcement of the new date for bids.

I. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 14)

J. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS SOLICITATION

1. Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows: 52.252-1.

2. Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

K. BIDDER'S QUALIFICATIONS -To establish its responsibility, bidders may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder's responsibility shall be made available as soon as practicable after receiving bid; but not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer. The Government may perform a price realism analysis as a part of its fair and reasonable price determination. A price realism analysis may also be used for the purpose of measuring a Bidder's understanding of the requirements, to evaluate whether the Bidder can realistically perform the requirements at the fixed price proposed, and to assess the risk to the Government inherent in the bid.

1). FAR 19.702(a)(ii) provides: In sealed bidding acquisitions, each invitation forbids to perform a contract that is expected to exceed $750,000 ($1.5 million for construction) and that has subcontracting possibilities, shall require the bidder selected for award to submit a subcontracting plan. If the selected bidder fails to submit a plan within the time limit prescribed by the contracting officer, the bidder will be ineligible for award. As such, the apparent low bidder, as identified at the bid opening (See SF1442 Block 13.A. for date and time), shall provide a subcontracting plan within three calendar days from the bid opening. Regarding evaluation of subcontracting plans, see FAR 17.705-4(b). Each bidder's plan must cover each of the 15 required elements (see 19.704). If the bidder does not submit a plan that incorporates the required elements within the time allotted, the bidder shall be ineligible for award. If the plan, although responsive, evidences the bidder's intention not to comply with its obligations under the clause at 52.219-8, Utilization of Small Business Concerns, the contracting officer may find the bidder non-responsible.

L. NOTICE OF BONDS AND INSURANCE - The following bid/contract information is applicable only if the bid/contract is over one hundred fifty thousand dollars ($150,000):

(1). BID BONDS: This is applicable only if bid is over one hundred fifty thousand dollars ($150,000).

Each bidder shall submit with his bid a Bid Bond (Standard Form 24, REV 8/2016) with good and sufficient surety or sureties acceptable to the Government in the form of twenty percent (20%) of the bid price or three million dollars ($3,000,000) whichever is lesser. The bid bond penalty may be expressed in terms of a percentage or may be expressed in dollars and cents. See Section 00 72 00, clause 52.228-1, entitled "Bid Guarantee".

(2). PERFORMANCE BONDS: The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.

See Section 00 72 00, clause 52.228-15, entitled "Performance and Payment Bonds - Construction".

(3). PAYMENT BONDS: Within ten (10) days after receipt of contract award to the bidder whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form25A, REV 8/2016). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00 72 00, clause 52.228-15, entitled "Performance and Payment Bonds - Construction".

4. INSURANCE: The accepted bidder shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00 73 00, entitled Insurance Requirements and Section 00 73 00, Special Contract Requirements --- Additional Insurance References.

M. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00 73 00, 01 57 20.00 11, and 01 45 04.00

11) Within ten (10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer's Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00 73 00)

N. PROJNET BIDDER INQUIRY

1. Prospective Bidders should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

a. To submit and review inquiry items, prospective bidders will need to use the Bidder Inquiry

Key presented below and follow the instructions listed below the key for access. A prospective bidder who submits a comment /question will receive an acknowledgement of their comment/ question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

b. The Solicitation Number is: W912EQ23B0010

c. The Bidder Inquiry Key is: VVJURA-8SRKKM

Specific Instructions for First Time ProjNet Bid Inquiry Access:

(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 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.

Specific Instructions for Future ProjNet Bid Inquiry Access:

(1.) For future access to ProjNet, you will not be provided 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 USACE.

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

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

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

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

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Bidders 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.

4. 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.

5. Oral explanations or instructions are not binding. Any information given to a bidder which impacts the offer will be given in the form of a written amendment to the solicitation.

O. BUSINESS WITH US-As required by 15 U.S.C. 644(w), the Corps of Engineers' policy and procedures, as well as past performance information, in regard to definitization of request for equitable adjustments is found at https://www,usace.army.mil/Business-With-Us/Partnering.

P. AVAILABLILITY OF FUNDS-Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer IAW FAR Part 52.232-18 - Availability of Funds.

Q. NEGOTIATIONS AFTER SEALED BIDDING-The Government has the option to reject all bids received in response to the sealed bid advertisement and initiate negotiation. Negotiations will include soliciting offers from each responsible bidder that submits a bid in response to the Invitation for Bids. If, after bid opening, the Contracting Officer determines that negotiations are in the best interest of the Government, the following steps will be followed:

(a) An amendment to the sealed bid advertisement will be issued to each responsible bidder changing the Invitation for Bids Number to Request for Proposals Number. The amendment will also make any necessary changes to the scope of the work.

(b) A cover letter signed by the negotiator will accompany the amendment explaining the procedures to be followed during negotiations.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 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

Chief, Construction A/E Contracting Division ATI'N: CEMVM-CT, Room 681 U.S. Army Corps of Engineers, Memphis District 167 N. Main Street, B-202 Memphis, TN 38103-1894

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

(End of provision)

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) Site visits may be arranged during normal duty hours by contacting:

DATE: July 16, 2024

POC: JASON BRITT

LOCATION: 2700 AR-147

PROCTOR, AR 72396-0729

TELEPHONE: (870) 238-7983

(End of provision)

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

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

http:/acquisition.gov

(End of provision)

Section 00 45 00 - Representations and Certifications

52.204-3 Taxpayer Identification OCT 1998 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.236-28 Preparation of Proposals--Construction OCT 1997 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

DEC 2019

CLAUSES INCORPORATED BY FULL TEXT

OFFEROR MUST COMPLETE THE SECTION

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

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

(2) The small business size standard is $45,000,000.

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

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

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

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

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

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] Paragraph (d) applies.

[ ] Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

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

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

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

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

OFFEROR MUST COMPLETE THE SECTION

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If…