Solicitation (Division 00) W9128F20B0025 GP Under Seepage Conrol.pdf

Under Seepage Control Gavins Point Dam, NE

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF 1442), AND SECTION 00 45 00

THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS INTERESTS

X

CLINTON E RUSSELL 402-995-2086

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

06-Aug-2020

(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 ________420 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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________08 Sep 2020 (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 _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128F20B0025 96

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

W9128F20B0025

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Base Bid Items

FFP

Entire work complete for items 0001 - 0018, as shown on the Bid Schedule.

FOB: Destination

NET AMT

0002 1 Job OPTION Option 1 Cottonwood Campground Filter

FFP

Blanket and Collector Pipe Installation. Entire work complete for items 0019 - 0033, as shown on the Bid Schedule.

0003 1 Job OPTION Option 2 Tree Mitigation

FFP

Entire work complete for items 0034 - 0035, as shown on the Bid Schedule.

Bid Schedule

BASE CONTRACT: MARSH AREA FILTER BLANKET AND COLLECTOR PIPE

INSTALLATION AND LINING, GROUTING, AND CONNECTING THE 24” CMP

DRAINAGE PIPE

Item Quantity Unit Unit Cost Total

0001. 12” Diameter Collector Pipe System Installation 2,850 LF $________ $ ______

0002. 24” Diameter Collector Pipe System Installation 490 LF $________ $ ______

0003. Relief Well Outfall to Collector Pipe Connections 22 EACH $________ $ ______

0004. Dewatering 1 JOB XXXX $ ______

0005. Stripping 2 ACRE $________ $ ______

0006. Clearing & Grubbing 10 ACRE $________ $ ______

0007. Excavation 570 CY $________ $ ______

0008. Cohesionless and Underwater Fill 71,000 TON $________ $ ______

0009. Filter Aggregate and Underwater Bedding 980 TON $________ $ ______

0010. Riprap 1,000 TON $________ $ ______

0011. Topsoil 16,200 CY $________ $ ______

0012. Seeding 11 ACRE $________ $ ______

0013. Bedding 850 TON $________ $ ______

0014. Foundation Strengthening 1,600 LF $________ $ ______

0015. RCP Manholes 9 EACH $________ $ ______

0016. Metering Manholes and Flow Measuring Equipment 3 EACH $________ $ ______

0017. Lining and Grouting the 24” CMP

Drainage Pipe 1 Job XXXX $ ______

0018. Mobilization, Preparatory Work & Demobilization 1 Job XXXX $ ______

TOTAL AMOUNT (BASE) $ ______

OPTION 1: COTTONWOOD CAMPGROUND FILTER BLANKET AND

COLLECTOR PIPE INSTALLATION

Item Quantity Unit Unit Cost Total

0019. 12” Diameter Collector Pipe System Installation 1,860 LF $ _______ $ _______

0020. Relief Well Outfall to Collector Pipe Connections 9 EACH $________ $ _______

0021. Dewatering 1 JOB XXXX $ ______

0022. Stripping 2 ACRE $________ $ ______

0023. Clearing & Grubbing 2 ACRE $________ $ ______

0024. Excavation 250 CY $________ $ ______

0025. Cohesionless and Underwater Fill 12,000 TON $________ $ ______

0026. Filter Aggregate and Underwater Bedding 240 TON $________ $ ______

0027. Riprap 290 TON $________ $ ______

0028. Topsoil 2,950 CY $________ $ ______

0029. Seeding 2 ACRE $________ $ ______

0030. Bedding 580 CY $________ $ ______

0031. RCP Manholes 5 EACH $________ $ ______

0032. Metering Manholes and Flow Measuring Equipment 1 EACH $________ $ ______

0033. Mobilization, Preparatory Work & Demobilization 1 JOB XXXX $ ______

TOTAL AMOUNT (OPTION 1) $ ______

OPTION 2: TREE MITIGATION

Item Quantity Unit Unit Cost Total

0034. Tree Planting 1 JOB XXXX $ _______

0035. Mobilization, Preparatory Work & Demobilization 1 JOB XXXX $ _______

TOTAL AMOUNT (OPTION 2) $ ______

TOTAL AMOUNT BASE, OPTION 1, & OPTION 2 $ ______

NOTES:

1. The abbreviations in the unit column are explained as follows:

- L.F. LINEAR FOOT

- C.Y. CUBIC YARD

2. See Section 00 21 00, INSTRUCTIONS TO OFFERORS for evaluation of options. The

Government reserves the right to exercise the options within 90 calendar days after issuance of Notice to Proceed.

3. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted. In case of variation between the unit prices and the extensions, the unit prices will be considered the price submitted.

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

5. Quantities for unit priced items are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to Contract Requirements Clause “Variation in Estimated Quantities”

6. Reference Specification Section 01 22 00, MEASUREMENT AND PAYMENT, for additional information on proposal items.

Section 00 21 00 - Instructions

TABLE OF CONTENTS - 00 21 00

SECTION TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS

PART 1 GENERAL

INSTRUCTIONS TO BIDDERS…………………………………………………………………………………….11

1.1 GENERAL BIDDING INFORMATION

1.1.1 INFORMATION TO BE PROVIDED WITH BID

1.1.2 BID OPENING

1.1.3 INFORMATION FOR MODIFYING BIDS

1.1.4 BASIS FOR AWARD

1.2 ARITHMETIC DISCREPANCIES

1.3 BID GUARANTEE

1.4 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

1.5 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

1.6 REJECTION OF BIDS

1.7 NOTICE REGARDING BUY AMERICAN STATUE

1.8 FEDERAL, STATE, AND LOCAL TAXES

1.9 TAXES – STATE OF SOUTH DAKOTA

1.9.1 EXCISE TAX

1.9.2 USE TAX

1.9.3 INFORMATION

1.10 BIDDER’S QUESTIONS AND COMMENTS

1.10.1 BIDDER INQUIRY

1.11 AVAILABILITY OF BID RESULTS

PROVISIONS INCORPORATED BY REFERENCE……………………………………………………………….16

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

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)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWAL 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)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE

WORK (MAY 2014)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT – CONSTRUCTION

MATERIALS (MAY 2014)

PROVISIONS INCORPORATED BY FULL TEXT……………………………………………………………….16

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-5 EVALUATION OF OPTIONS (JULY 1990)

52.233-2 SERVICE OF PROTEST (SEPT 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

-----End of Section Table of Contents-----

INSTRUCTIONS TO BIDDERS

1.1 GENERAL BIDDING INFORMATION

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

David Neal, Contracting Officer: david.w.neal@usace.army.mil Clinton Russell, Contract Specialist: clinton.e.russell@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F20B0025

b. Bid Due Date and Time: 8 September 2020 at 2:00 PM CST

c. Bid Validity Date: 60 Days

Bids received after the date and time stated within Block 13 of the SF 1442, or Block 14 of the most recently issued SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the offeror must make every effort to ensure its electronic submission is virus-free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 14.406.

Bidders should enter a description for every file submitted. For files over 20 megabytes (MB), the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. “email 1 of 4”). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered.

Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders’ submission and all teammate/subcontractor(s) independent submissions0 must be received by the bid due date and time specified in Block 13A of the SF 1442 (‘…in original and copies…’). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission.

Mailing a bid guarantee for submission is not allowed.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

The following information is required to be submitted with each bid:

a. The SF 1442 duly executed (Blocks 14 through 20c) with an original signature by an authorized official. Bidders CAGE Code is required in Block 14;

b. Bidding Schedule (SECTION 00 10 00)

c. Bid Bond (SF-24); and

d. The complete provisions in SECTION 00 45 00 – Representations and Certifications, as applicable.

1.1.2 BID OPENING

Bidders are advised that there will NOT be a physical bid opening held for this solicitation. The bid opening will be held by telephone via conference call at 3:00 pm on the date bids are due. Due to the requirement that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow time to download all bid documents submitted. No hard copy documents will be accepted.

1.1.3 INFORMATION FOR MODIFYING BIDS

All bids will be received by email. Should a bid modification need to be submitted, the modified bid shall be sent the same method the original bid was submitted, by email, prior to the date submitted within Block 13 of the SF 1442, or Block 14 of the most recently issued SF 30, as applicable.

1.1.4 ARITHMETIC DISCREPANCIES

Any clerical mistake, to include arithmetic discrepancies in a bid will be handled in accordance with FAR 14.407-2. Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before award, but only after first obtaining from the bidder a verification of the bid intended. The following are examples of mistakes that may be corrected:

(1) Obviously misplaced decimal points;

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

(3) Apparent errors in extension of unit prices;

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

1.1.5 BASIS FOR AWARD

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

1.1.6 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for placing refurbishing stone on revetments, and construction new stone L-Head dikes with refusal keys and topsoil. The project includes the following: the placement of stone. Work shall be in accordance with plans and specifications issued with this solicitation

1.1.7 ESTIMATED CONSTRUCTION COST

The estimated magnitude of construction is between $1,000,000 and $5,000,000.

1.1.8 BID GUARANTEE

See 52.228-1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney-in-fact with authority to bind the surety, so that at the time of bid opening the bond is enforceable against the surety should the bidder fail to meet its obligation. The Power of Attorney must include a Certification as to the authority of the surety’s agents that is supported by a resolution of the surety authorizing their use and committing it to be bound by them.

Electronic signatures and electronic, mechanically-applied, or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF-24.

1.1.9 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (APR 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions). This clause will be applicable to task orders over $150,000.

Performance bond must be on SF-25 and payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF- 25 or SF-25A. See 52.228-13 Alternate Payment Protection in Section 00 72 00 (General Conditions). This clause will be applicable to task orders $150,000 and less.

1.1.10 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

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

https://beta.sam.gov/

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

For viewing a list of interested vendors (i.e. planholders list) and receiving notifications or e-mail of changes regarding the solicitation, registration as a vendor must be completed on the BetaSAM website listed above. If you are already registered, enter user name and password to login in and search for the solicitation number. If you wish for general contractors, subcontractors, suppliers, plan rooms, or print shops to have the ability to contact you, click on the “Add me to Interested Vendors” for this solicitation.

1.1.11 REJECTION OF BIDS

Rejection of bids will be handled in accordance with FAR 14.404. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques.

1.1.12 NOTICE REGARDING BUY AMERICAN STATUE

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

1.1.13 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor’s responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions) for additional information.

1.1.14 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt and the tax must be included in the amount bid.

Telephone: (402) 595-2065 (Department of Revenue-Omaha)

1.1.15 BIDDER’S QUESTIONS AND COMMENTS

Questions and/or comments relative to these bidding documents should be submitted via Bidder Inquiry as indicated below.

Questions and/or comments relative to these bidding documents that are proprietary in nature or if the Bidder Inquiry system (see below) is out of service, should be submitted to the individuals below:

Contract Specialist – Clinton Russell Clinton.e.russell@usace.army.mil

Contracting Officer – David Neal David.w.neal@usace.army.mil

1.1.15.1 BIDDER INQUIRY

Technical inquiries and questions relating to technical requirements, bidding documents and procedures, or bonds are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org/projnet) no later than (NLT) ten (10) calendar days before bid opening, so that they may be given consideration or actions can be taken prior to receipt of bids, such as issuance of an amendment. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

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

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

The Solicitation Number is: W9128F20B0025

The Bidder Inquiry Key is: AW499B-NZMABF

a. Registration for ProjNet Bidder 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 as USACE.

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

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

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

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

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

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

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

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

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

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

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

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

Question.

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

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

c. Offerors are requested to review the plans and specifications in their entirety and review the

Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

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

1.1.16 AVAILABILITY OF BID RESULTS

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

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

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 52.214-7 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

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

MAY 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

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

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

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

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

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers – Omaha District Attn: David W. Neal 1616 Capitol Ave Omaha, NE 68102-4901

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (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) An organized site visit has been scheduled for—

Date: 08/14/2020 Time: 0930 CST Location: Gavins Point Administration Building (outside pavilion) POC: Melissa Schmitz; Melissa.k.schmitz@usace.army.mil

Contractors interested in seeing the site need to make reservation with Melissa Schmitz. With respect to CDC guidelines, the site visit will require all participants to wear a face mask and maintain a minimum of 6 feet physical distancing from one another.

(c) Participants will meet at—

Gavins Point Administration Building (outside pavilion). At this time, the site visit will be held outside the building.

If there is severe weather, the site visit may be moved inside the building to the Powerhouse Conference room.

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):

The full text of FAR provisions can be found at:

https://www.acquisition.gov/browse/index/far

The full text of DFARS provisions can be found at:

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 Defense Acquisition Regulations System, Department of Defense (48 CFRChapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

TABLE OF CONTENTS - 00 45 00

SECTION TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

PART 1 GENERAL

PROVISIONS INCORPORATED BY REFERENCE……………………………………………………………….21

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019)

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005 (FEB 2020)

PROVISIONS INCORPORATED BY FULL TEXT……………………………………………………………….21

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS –

CERTIFICATION (JUL 2020)

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

-----End of Section Table of Contents-----

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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:

[Contracting Officer check as appropriate.]

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

XXX (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 (DEC 2019)

The Offeror shall not complete the representation in 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--

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUL 2020)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/bureaus-offices/ under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https:// www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-controlverification- and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision).