Solicitation and Project Specifications W912P621B0012 Waukegan Harbor Breakwater Repairs.pdf

SOLICITATION NO: W912P621B0012

CHICAGO DISTRICT

LEADERS IN CUSTOMER CARE

WAUKEGAN HARBOR BREAKWATER

REPAIRS

WAUKEGAN, ILLINOIS

CONSTRUCTION SOLICITATION

AND SPECIFICATIONS

Certified Final Documents – Ready to Advertise W912P620B0012 May 18, 2021

Waukegan Harbor Breakwater Repairs, Waukegan, IL W912P621B0012

PROJECT TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION

00 21 00 INSTRUCTIONS

00 22 00 SUPPLEMENTARY INSTRUCTIONS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 70 00 CONDITIONS OF THE CONTRACT

00 73 00 SUPPLEMENTARY CONDITIONS

WAGE RATES

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 GENERAL PROVISIONS

01 11 00 SUMMARY OF WORK

01 22 00.00 10 PRICE AND PAYMENT PROCEDURES

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

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

01 52 02 TEMPORARY CONSTRUCTION FACILITIES

01 57 20.01 03 ENVIRONMENTAL PROTECTION FOR ILLINOIS

01 58 00 PROJECT IDENTIFICATION

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 05 METALS

05 50 14 STRUCTURAL METAL FABRICATIONS

DIVISION 35 WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE MATERIALS PROTECTION FOR STRUCTURES

U U

-- End of Project Table of Contents –

PROJECT TITLE: WAUKEGAN HARBOR BREAKWATER REPAIRS, WAUKEGAN, LAKE COUNTY, ILLINOIS

PROJECT DESCRIPTION: The contractor w ill be required to repair the existing North Breakw ater to restore the structures to original design elevations and slopes in order to maintain safe passage for vessels entering and exiting the harbor. Repair w ork w ould consist of concrete repairs and resurfacing of the existing concrete and timber crib breakw ater structure. Steel armor plates may be utilized in the concrete repairs. Work w ill also include the installation of steel access ladders at entrance channel piers.

COMPETITION FOR THIS ACQUISITION IS RESTRICTED TO HUBZONE SMALL BUSINESSES. The North American Industry Classif ication Code (NAICS) is 237990, w ith a size standard of $39.5M. Construction Wage Rates: Davis Bacon General Decision Number: IL20210011 5/14/2021 are applicable to this project. The Estimated Magnitude of Construction cost is betw een $1M and $5M.

X

ERICKA D. HILLARD 312-846-5378

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

21-May-2021

(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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect. 00 70 00

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 ______________22 Jun 2021 (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

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6

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: 312.846.5371 TEL: FAX:

W912P621B0012 50

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912P621B0012

Section 00 10 00 - Solicitation

CONTRACT BID FORM BID SCHEDULE

WHEREIN STATED IN THIS SOLICITATION "OFFER OR OFFEROR", IT MEANS BID OR BIDDER.

THE BELOW BID FORM SERVES AS THE BID SCHEDULE AND SHALL BE USED BY THE BIDDER TO

ENTER ITS BID PRICING

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE WORK

FFP

This is a Parent Line Item identifying the work that relates directly to its Sub-Line Items 0001AA through 0001AE; the Sub-Line Items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide the pricing separately at Sub-Items 0001AA through 0001AE.

NET AMT

0001AA 1 Job

DEMOLITION

FFP

PSC CD: Y1PZ

0001AB 1 Job

STEEL FACE PLATE ASSEMBLAGE

0001AC 1 Job

CONCRETE

0001AD 1 Job

MONOLITH TRANSITION

0001AE 1 Lot

PERFORMANCE AND PAYMENT BOND

FFP

This item is for bond coverage, which is applicable to line items 0001AA through

0001AD

Payment for bond premiums will be in accordance with paragraph (a) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15, Performance and Payment Bonds- Construction).

OPTION GROUP 1 OPTION ITEMS (0002AA-0002AD)

FFP

This is a Parent Line Item identifying the option work that relates directly to its Sub-Line Items 0002AA through 0002AD; the Sub-Line Items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-Line Items 0002AA through 0002AD.

0002AA 1 Job

OPTION DEMOLITION

0002AB 1 Job

OPTION STEEL FACE PLATE ASSEMBLAGE

0002AC 1 Job

OPTION CONCRETE

0002AD 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

This item is for bond coverage, which is applicable to line items 0002AA through

0002AC

Payment for bond premiums will be in accordance with paragraph (a) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15, Performance and Payment Bonds-

OPTION GROUP 2 OPTION ITEMS (0003AA-0003AD)

FFP

This is a Parent Line Item identifying the option work that relates directly to its Sub-Line Items 0003AA through 0003AD; the Sub-Line Items themselves identify provide its pricing separately at Sub-Line Items 0003AA through 0003AD.

0003AA 1 Job

OPTION DEMOLITION

0003AB 1 Job

OPTION STEEL FACE PLATE ASSEMBLAGE

0003AC 1 Job

OPTION CONCRETE

0003AD 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

This item is for bond coverage, which is applicable to line items 0003AA through

0003AC

Payment for bond premiums will be in accordance with paragraph (a) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15, Performance and Payment Bonds-

OPTION GROUP 3 OPTION ITEMS (0004AA-0004AB)

FFP

This is a Parent Line Item identifying the option work that relates directly to its Sub-Line Items 0004AA through 0004AB; the Sub-Line Items themselves identify provide its pricing separately at Sub-Line Items 0004AA through 0004AB.

0004AA 6 Each

OPTION STEEL LADDERS

0004AB 1 Lot

OPTION PERFORMANCE AND PAYMENT BOND

FFP

This item is for bond coverage, which is applicable to line item 0004AA

Payment for bond premiums will be in accordance with paragraph (a) of FAR Clause 52.232-5 (Payments under Fixed Price Construction Contracts).

Adjustment(s) to the line item will also be made for any revisions associated with contract price changes (re: FAR 52.228-15, Performance and Payment Bonds-

BID PRICING

TOTAL AMOUNT FOR BASE BID ITEMS (ITEMS 0001AA THROUGH 0001AE):

TOTAL AMOUNT FOR GROUP 1 OPTION ITEMS (ITEMS 0002AA THROUGH 0002AD):

TOTAL AMOUNT FOR GROUP 2 OPTION ITEMS (ITEMS 0003AA THROUGH 0003AD):

TOTAL AMOUNT FOR GROUP 3 OPTION ITEMS (ITEMS 0004AA THROUGH 0004AB):

OVERALL TOTAL BID PRICE (ALL BASE BID ITEMS 0001AA THROUGH 0001AE, AND ALL

OPTION ITEMS UNDER GROUP 1, GROUP 2, AND GROUP 3): $__________________________

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a FIRM FIXED PRICE (FFP) CONSTRUCTION contract resulting from this solicitation.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

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

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

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Ms. Regina G. Blair, Contracting Chief USACE – Chicago District 231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604

(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) Site visits may be arranged during normal duty hours 8:00 a.m. to 4:30 p.m. (Central Time) by contacting:

Name: Mike Nguyen Address: 231 S. LaSalle St, Suite 1500, Chicago, IL 60604 Telephone: (312) 846-5555

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):

www.acquisition.gov/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(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 FAR or FARS provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 00 - Supplementary Instructions

IMPORTANT BID NOTES

(THE ABOVE SOLICITATION SECTION 00 10 00 IS TO BE USED BY BIDDERS TO SUBMIT THEIR

BIDS; IT IS ALSO CONSIDERED THE “BID SCHEDULE” AS TERMED THROUGHOUT THE

SOLICITATION.)

1. BID CONDITIONS:

a. The Contractor shall bid ALL items that are contained in the Bid Schedule, with no exceptions. Should a Contractor fail to fully complete the bid schedule, its bid will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all items included in the Bid Schedule. The Contractor shall enter both its unit price and extended price for each Bid Item. AT THE SUMMATION OF BIDS SECTION, contractors shall ensure their total bid price is summed correctly. The Contracting Officer reserves authority to correct math mistakes in accordance with the Federal Acquisition Regulation Subpart provisions at 14.407-2, “Apparent clerical mistakes.”

b. From this Solicitation, the Government intends to award one firm-fixed price contract to the responsive, responsible bidder submitting the lowest aggregate price for all Base Items. The intent is immediately award the base items at the time of award.

c. Split or multiple awards will not result from this Solicitation.

d. Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided OR, by completing Blocks 8 and 15 of the Amendment Form itself (Standard Form 30) and emailing the acknowledgement to Ericka Hillard at ericka.d.hillard@usace.army.mil.

e. SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located on Page 2 of the Solicitation document (SF 1442 Back) - refer to Block’s 14 through 20C.

f. Section 00 45 00 (Representations and Certifications): The bidder must complete the applicable boxes found at Section 00 45 00 of this Solicitation and submit the completed Section along with all other documents required by this Solicitation. In order to place a bid in response to this Solicitation, the bidder must be registered in an “active status” at the System for Award Management (SAM) (registration can be completed on line for free at www.sam.gov). Accordingly, any bid furnished from contractor without an active registration at SAM may be considered non-responsive to the material requirements of this Solicitation and ineligible for award. Contractors must comply with 52.204-7, 52.204-8, 52.232-33 and any other requirements in this solicitation through SAM.

2. OPTION PROVISIONS & RELATED PERFORMANCE TIMEFRAMES:

- SEE Section 00 70 00, Contract Clause 52.217-7

3. BID SUBMISSION:

a. Bids shall be submitted by EMAIL to Ericka Hillard ericka.d.hillard@usace.army.mil with copies furnished to Michael Jones at michael.t.jones@usace.army.mil and Regina Blair at regina.g.blair@usace.army.mil.

b. In consideration of the provisions of Subpart 14.301 of the Federal Acquisition Regulation, wherein the “responsiveness of bids” is provisioned, bidders must comply with all material respects of this Solicitation (Invitation for Bids) to be considered for the resulting award.

Accordingly, bids must be in compliance with the submission requirements discussed below.

c. METHOD OF BID SUBMISSION: ALL BIDS IN RESPONSE TO THIS SOLICITATION

SHALL BE SUBMITTED BY ELECTRONIC MAIL (EMAIL). THE SUBJECT LINE OF

YOUR EMAIL SHALL INCLUDE THE SOLICITATION AND PROJECT TITLE.

(1) Emailed Bids shall be transmitted and accompanied by all other required documents (re:

“Important Bid Notes,” Solicitation Section 00 22 13). The Bidder’s bid and all required documents shall be attached therein the Email. The subject line of the Email shall contain the Solicitation Number and Project title. The Bidder shall verify all contents of its attachments to ensure they are readable and in full compliance with the Solicitation requirements. Therefore, prior to submitting the bid, the Bidder shall ensure all bid documents are in conformance and enclosed for bidding purposes. The date and time stamp provided via the government’s email will constitute the time of receipt of a bid package. The government will acknowledge receipt of the Bidder’s email. The government will not review the Bid or any of the attachments provided via the Bidder’s email until the Bid Opening. All electronically submitted files by Email CANNOT EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to the aforementioned email inboxes. It is the responsibility of the contractor to determine the size of its electronic file. Should the Bidder need to break up its submittal, it may provide its attachment under separate emails to avoid exceeding the size limit. The last email received will constitute the full submission of the Bid, e.g. the time received by the government.

(2) TIME OF SUBMISSION: Bids are required prior to 2:00 p.m. (Central Time) as specified on Page 1 of this Solicitation, Block #13a. Please note, FAR Subpart 14.302 Bid submission;

“Bids shall be submitted so that they will be received in the office designated in the invitation for bids not later than the exact time set for opening of bids.”

(3) VIRTUAL BID OPENING: For this procurement, Contracting will conduct a virtual Bid

Opening in accordance with the below provisions. These procedures are being used because of the current public health concerns affiliated with COVID-19.

(4) VIRTUAL BID OPENING PROVISIONS/ PARTICIPATION:

THE VIRTUAL BID OPENING WILL BEGIN AT 2:00 P.M. (CENTRAL TIME) ON the date specified on Page 1 of this Solicitation, Block #13a. (Bids are due PRIOR to 2 p.m.

(Central Time) - THE WEBEX AND AUDIO INFORMATION FOR THE VIRTUAL BID

OPENING FOLLOWS:

Interested individuals will navigate to a WEBEX link. The bids will be read aloud and individuals will be able to view the Bid Opening information on the WEBEX screen as the bids are opened. Should technological issues ensue from the visual viewing at the WEBEX, the audio access will take precedence and satisfy the conditions of bids being communicated publicly/read aloud. Within 3 days prior to the bid opening, the government will provide a meeting link with a password and phone number at the beta.sam.gov website (https://beta.sam.gov), wherein the Solicitation package is published.

(5) BID GUARANTEE:

Bidders are required to submit a Bid Guarantee for this project in accordance with the Federal Acquisition Regulation Clause 52.228-1, “Bid Guarantee” – Refer to Solicitation Section 00 21 13 for the full text of this Clause.

A bid guarantee shall be submitted at 20% of the bid price or $3M whichever is the lesser.

Any bidder failing to submit a Bid Guarantee will be considered non- responsive to the Solicitation and ineligible for award.

Emailed Bids: If submitting your Bid by email, the bid guarantee must be included in your emailed attachment(s).

(6) ATTACHMENT A – PREAWARD SURVEY FORM – The bidder shall complete the enclosed Attachment A and submit it along with iyour bid (if emailing your bid, this form must be included in your attachments). The preaward survey form is to aid in expediting the award of this project. Only the winning bidder’s information will be surveyed.

(7) QUESTIONS SHALL BE SUBMITTED IN SUFFICIENT TIME TO BE ANSWERED

VIA AN AMENDMENT PRIOR TO THE BID OPENING DAY AND TIME (Re: 52.214-6 Explanation to Prospective Bidders). Please include the solicitation number and project title in the subject line of your email.

ATTACHMENT A

PREAWARD SURVEY INFORMATION

(RE: Subparts 9.104-1 and 9.105-1 of the Federal Acquisition Regulation)

CONTRACTOR:

SOLICITATION W912P621B0012, WAUKEGAN HARBOR BREAKWATER REPAIRS, WAUKEGAN, LAKE

COUNTY, ILLINOIS

Please complete the below form to assist in the completion of a Pre-award Survey:

1. Month and Year started in business:

2. Year and State Incorporated:

3. Key Personnel:

President/Owner:

Vice President/Partner:

Secretary/Treasurer:

4. Number of Full-Time Employees:

5. Surety:

Agency:

Agent:

Address, City & State:

Telephone#:

6. Insurance Company:

Agency:

Agent:

7. Financial Institution Information:

Name of Bank:

Contact Person:

8. References: Provide the names and contact information of three references. Information obtained from references will be used to determine if you have been diligent in the following areas: a) Quality of Work; b) Timely Performance; c) Effectiveness of Management; d) Compliance with Safety Standards; and e) Compliance with Labor Standards.

9. Does your company have any ongoing projects that may cause a problem with completing or beginning performance of the subject project?

10. Does your company own all of necessary tools and equipment to perform the work of the project?

END OF FORM

Section 00 45 00 - Representations and Certifications

52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

JUL 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

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

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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 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 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)(2) of this provision.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 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…