Solicitation.25B0002.ORL.Bank.Stab.pdf

Solicitation No. W912EE25B0002 Issue Date: 14 July 2025

US Army Corps Of Engineers® Vicksburg District 4155 Clay Street Vicksburg, MS 39183-3435

INVITATION FOR BIDS

Ouachita Parish, Ouachita River Basin 2020 PL 84-99 Ouachita River Levee Bank Stabilization Emergency Bank Stabilization Sites 2, 11, 12, 16, & 22

THIS PROCUREMENT IS SET ASIDE 100% FOR

SMALL BUSINESS CONCERNS

INQUIRIES

REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

https://www.projnet.org/projnet

PLANS AND SPECIFICATIONS WILL BE AVAILABLE

ON THE SYSTEM FOR AWARD MANAGEMENT

WEB PAGE AT

https://www.sam.gov

W912EE25B0002

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF 1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 WAGE DETERMINATIONS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS (SPECIFICATIONS)

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 32 01.00 09 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 09 QUALITY CONTROL

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 31 – EARTHWORK

31 11 00.00 09 CLEARING, GRUBBING, DEBRIS REMOVAL, AND EARTHWORK

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 31 19.00 09 STONE

-- End of Project Table of Contents --

OUACHITA PARISH, OUACHITA RIVER BASIN

2020 PL 84-99 OUACHITA RIVER LEVEE BANK STABILIZATION

EMERGENCY BANK STABILIZATION SITES 2, 11, 12, 16, & 22

DESCRIPTION OF WORK: The work consists of furnishing all necessary plant, labor, materials, and equipment, and performing all work for constructing longitudinal peaked stone toe dikes (LPSTDs) with stone tiebacks and stone fill revetment at five sites along the Ouachita River in Northeast Louisiana, south of Monroe, Louisiana. Principal features of the work include mobilization and demobilization, clearing and grubbing, and bank stabilization work consisting of tiebacks, excavation, and backfill.

The estimated value of the proposed work is between $25,000,000.00 and $100,000,000.00.

X

FRETESHIA L JOHNSON 601-631-5219

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

14-Jul-2025

(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 ________404 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________00 80 00.00 09

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 ______________13 Aug 2025 (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.

CODE W912EE

PAGE OF PAGES

4 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)

601-631-7261FAX:

7. ISSUED BY

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

TEL: 601-631-5000 TEL: FAX:

W912EE25B0002 130

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

096 NA X 2022 3125 000 0000 CCS: 310 B4 2022 08 2414 000624 96224 3200 4C15K3 NA 4C15K3

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

W912EE

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

W916TX

Section 00010 – Bidding Schedule

Ouachita Parish, Ouachita River Basin 2020 PL 84-99 Ouachita River Levee Bank Stabilization Emergency Bank Stabilization Sites 2, 11, 12, 16, & 22

Solicitation No. W912EE25B0002

BIDDING SCHEDULE

EST UNIT

ITEM DESCRIPTION QTY U/M PRICE AMOUNT_________

0001 MOBILIZATION AND

DEMOBILIZATION 1 JOB FOR $_________________

0002 CLEARING AND GRUBBING 1 JOB FOR $_________________

0003 GRADED “C” STONE

0003AA FIRST 300,000 TONS 300,000 TN $___________ $_________________

0003AB OVER 300,000 TONS 112,030 TN $___________ $_________________

0004 EXCAVATION AND BACKFILL

FOR STONE TIEBACKS 38 EA $___________ $_________________

TOTAL $_______________________

CONTRACTOR’S NAME: ___________________________________________

CONTRACTOR’S ADDRESS: ___________________________________________

CAGE CODE: ___________________________________________

UEI NUMBER: ___________________________________________

POINT OF CONTACT NAME: ___________________________________________

POINT OF CONTACT TITLE: ___________________________________________

TELEPHONE NUMBER: ___________________________________________

EMAIL: ___________________________________________

DATE: ___________________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

FOB: Destination

PSC CD: Y1PZ

NET AMT

0002 1 Job Clearing and Grubbing

FFP

Graded "C" Stone

FFP

0003AA 300,000 Net Ton

(2,000

LB).

First 300,000 Tons

0003AB 112,030 Net Ton

(2,000

LB).

Over 300,000 Tons

0004 38 Each Excavation & Backfill for Stone Tiebacks

FFP

Section 00100 – Instructions to Bidders

NOTES:

Solicitation No. W912EE25B0002 – Ouachita Parish, Ouachita River Basin, 2020 PL 84-99 Ouachita River Levee Bank Stabilization, Emergency Bank Stabilization Sites 2, 11, 12, 16, & 22.

(A) This procurement is a 100% Small Business Set-Aside under NACIS Code 237990 – Other Heavy and Civil Engineering Construction and PSC Code Y1PZ – Construction of Other Non-Building Facilities. The Small Business Size Standard is $45,000,000.00.

Reference Limitations on Subcontracting FAR 52.219-14. The awardee of this firm-fixed-price construction contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.219-14. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and not representative of this solicitation or any contract that may be awarded as a result of this solicitation.

1. Total value of contract award = $5,000,000.00

2. Cost of materials = $3,000,000.00

3. Adjusted amount (contract award value less cost of materials): $2,000,000.00 ($5,000,000.00 - $3,000,000.00)

4. 85% of $2,000,000.00 may be paid to non-similarly situated entities ($1,700,000.00)

5. 15% of $2,000,000.00 must be paid to a similarity situated entity ($300,000.00)

What is similarly situated and what does it mean for the prime?

i. 1st tier subcontractor that has the same small business program status of the qualified prime contractor (i.e.

HUBZone prime contractor, any HUBZone subcontractor is similarly situated).

ii. Any 1st tier subcontracts to similarly situated entities can count towards the prime contractor’s self-performance requirements.

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Business subcontractor. This meets the similarly situated requirement and the work performed by the HUBZone subcontractor will count towards the HUBZone prime contractor’s self-performance requirement.

iv. Example: SDVOSB Set Aside Contract, 1st Tier is a WOSB subcontractor only, this does not meet the “similarly situated” requirement and the WOSB subcontractor performance does not count towards the SDVOSB prime contractor’s self-performance requirement.

Partnering With Us, https://www.usace.army.mil/Business-With-Us/Partnering/,.in all solicitation notices posted at the Governmentwide point of entry for construction contracts anticipated to be awarded to a small business pursuant to FAR Part 19 to be in compliance with FAR 36.211(b).

(B) All technical inquiries and questions relating to this solicitation are to be submitted via bidder inquiry in ProjNet at https://www.projnet.org/project. See special notices to bidder's page entitled “Technical Inquiries and Questions”.

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

UNIT PRICE AND THE EXTENDED ESTIMATED AMOUNT FOR ANY ITEM, ITS BID WILL BE

DECLARED NONRESPONSIVE.

(D) All quantities shown on the bidding schedule are estimated quantities except when the unit of measure is shown as “job” or “each”.

(E) If a bid or modification to a bid based on unit price is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to the unit price in the schedule must be stated.

If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to the unit price in the Bidding Schedule.

(F) All extensions of the unit price shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered the bid.

(G) Award will be made to the lowest responsive, responsible bidder as may be in the best interest of the Government.

(H) The contractor should be aware of the additional surveying requirements for this contract. See Section 01 00

00.00 09 for more information.

(I) The Notice to Proceed (NTP): The successful bidder is advised that performance and payment bonds shall be submitted in accordance with the time frame in block 12B of SF1442. The NTP will be issued immediately after verification of acceptable performance and payment bonds. Within seven (7) calendar days after issuance of the NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Administrative Contracting Officer (ACO), or the Contracting Officer’s Representative (COR), or their authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted. The contract performance duration has been determined as stated in the specifications and includes sufficient time for the preparation, submittal and approval of all pre-work documents and all Pre-Construction conferences required prior to commencement of work on site.

(J) Lack of registration in the SAM database will make an offeror ineligible for award. See Contract Clause 52.204- 7 entitled, “System for Award Management”.

(K) The SF1442, Bidding Schedule, and Bidder’s Representations and Certifications must be accurately completed and returned with your bid, or it may be rejected as nonresponsive. A bidder may also submit, in lieu of the completed FAR Clause 52.204-8, Representations and Certifications, certifications with their bid package requirement information Section 00600, a complete hard copy of their online representations and certifications at www.sam.gov. See FAR Clause 52.204-7.

(L) All work under these specifications shall be performed in accordance with the provisions of EM 385-1-1 “Corps of Engineers Safety and Health Requirements Manual”, dated 15-March-2024.

(M) The Government reserves the right, as the interests of the Government may require, to postpone or delay the date and/or time set for opening bids. Revisions or amendments to the bid opening date and/or time, if any, will be announced by amendment or amendments to this Invitation for Bids.

(N) Army Federal Acquisition Regulation Supplement (AFARS) 5152.211-9001, Variations in Estimated Quantities – Sub Line Items (DEC 2019)

This variation in estimated quantities clause is applicable only to Item Nos. 0003AA and 0003AB.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Item Nos. 0003AA and 0003AB is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR) 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Item Nos. 0003AA and 0003AB exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under Item Nos. 0003AA and 0003AB exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

(End of clause)

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA.

AUTHORITY: WRDA 2007, Section 3013 for Section 1. Additional authorization is required for remaining sections.

APPROPRIATION: P.L. 84-99 Flood Control and Coastal Emergency Act

FUNDING CITATION: 96 x 3125

2. NEGOTIATIONS AFTER SEALED BIDDING.

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

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

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

3. BID, PERFORMANCE AND PAYMENT BONDS.

A bid guarantee/bond is required with the bid package and is to be executed on Standard Form (SF) 24. See Section 00100, Instructions to Bidders, Solicitation Provision 52.228-1, BID GUARANTEE. Performance and Payment Bonds will be required after award. See Section 00700, Contract Clause 52.228-15, PERFORMANCE AND

PAYMENT BONDS – CONSTRUCTION.

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications and/or drawings prior to the date set for opening bids. Such revisions or amendments, if any, will be announced by amendment or amendments to this Invitation for Bids. Copies of such amendments as may be issued will be furnished to all prospective bidders. If the revision or amendments are of a nature which require material changes in quantities or prices bid or both, the date set for opening bids may be postponed by such number of days as in the opinion of the District Engineer will enable bidders to revise their bids. In such case, the amendments will include an announcement of the new date for opening bids.

5. BUSINESS INTEGRITY.

The apparent successful bidder as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

6. CONDITIONS AFFECTING THE WORK.

Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bids, the specifications, or related documents.

7. BIDDER'S QUALIFICATIONS.

A determination of contractor responsibility will be made. A determination of non-responsibility may be cause for the rejection of a prospective contractor's bid. In accordance with FAR 9.104-1 - General Standards, before a bid is considered for award, the bidder shall be requested by the Government to submit a statement regarding their previous experience in performing comparable work, their business and technical organization, financial resources, the plant available to be used in performing the work and/or other information necessary to make the determination of contractor responsibility.

8. SITE OF THE WORK.

Bidders are advised that for purpose of applicability of the Davis-Bacon Act and other contract labor standard provisions, “the site of the work” under the contract to be awarded pursuant to this Invitation may not be limited to the physical place(s) where the construction called for in the contract will remain when work on it has been completed. The “site of the work” may include other adjacent or nearby property used by the Contractor or Subcontractors during such construction. For example, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., will be considered part of the site of the work provided they are dedicated exclusively or nearly so to performance on the contract and are so located in proximity to the actual construction location that it would be reasonable to include them.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.

(a) Specifications, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, Equipment Schedule, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor are parts of this Invitation for Bids.

(b)(1) An offeror (bidder) electing to use individual sureties for either bid guarantees or performance and payment bonds must submit, concurrently with the bonds and required affidavits, a statement of both the business and personal names of the persons and financial institution through whom the bonds or the guarantees are held, together with the address and telephone number of the persons and/or financial institution authorized to commit the surety.

(2) Offerors or bidders should note that some individual sureties have been debarred or suspended from offering themselves or others as sureties to the Government. Offerors or bidders are responsible for ascertaining the current status of their sureties.

(3) Failure to provide the required information or the submission of bid guarantees obtained from debarred or suspended sureties may cause rejection of the offer (bid).

10. DEFINITIONS.

(a) The term “head of the agency” or “Secretary” as used herein means the Secretary of the Army; and the term “his duly authorized representative” means the Chief of Engineers, Department of the Army, or an individual or board designated by him.

(b) “Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(c) The agency board of contract appeals having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of l978 is the Armed Services Board of Contract Appeals, addressed as follows: Recorder, Armed Services Board of Contract Appeals, Skyline 6, 7th Floor, Room 703, 5109 Leesburg Pike, Falls Church, Virginia 22041-3208.

(d) “Small business concern” means a concern including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts and qualified as a small business under the criteria and size standards in 13 CFR 121.

11. SIZE STANDARDS FOR CONSTRUCTION.

Construction – A concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $45 million.

SPECIAL NOTICES

1. Bids shall be mailed to the Vicksburg District Headquarters Building, Room 120, 4155 Clay Street, Vicksburg, Mississippi 39183-3435. Bids sent by commercial carrier shall be clearly marked on the outer envelope as containing a “Sealed Bid”. Bids must be received prior to the exact time set for bid opening.

Bids may also be submitted by hand at the Vicksburg District Headquarters Building Lobby (4155 Clay Street, Vicksburg, Mississippi 39183-3435) on the day of bid opening, and may not be submitted sooner than (2) hours prior to the time of the scheduled bid opening. Bidders will only have access to the main lobby. You must enter and hand off your bid package to a representative of the Vicksburg Contracting Office. Prior to opening of bids, bidders attending in person will be escorted to the bid opening room.

No electronic receipt of bids will be allowed for this Invitation for Bids.

The bid opening may be viewed online through YouTube live at the below link.

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

Users should stay on the home page. Once the live stream starts, a new streaming video section will appear above all the existing videos, and it will say “live” on the bottom right corner. Users may need to refresh the page to make that section appear and for the video to start playing.

The YouTube live link may also be found by going to the USACE Vicksburg District web page:

https://www.mvk.usace.army.mil/, click “Business with Us” and then “Contracting” where the link will be available under “bid openings”.

2. Sealed bids for the work described herein will be received until date and time of bid opening.

3. Your attention is directed to Section 00100 – Instructions to Bidders, Clause 52.214-5 entitled “Submission of Bids”. It is the bidder’s responsibility to ensure that bids sent by commercial carrier are clearly identified as containing a sealed bid on the outermost envelope. This includes, but is not limited to, bids sent via: Federal Express, Express Mail - U.S. Postal Service, or United Parcel Service.

4. See Section 00 80 00.00 09, Special Contract Requirements, Clause entitled “Commencement, Prosecution, and Completion of Work”.

5. See Section 01 00 00.00 09, General Contract Requirements, Clause entitled, “Payment Invoices” which will apply to the contract resulting from this solicitation. The Federal Acquisition Regulation requires that the “remit to” address of the invoice match the “remit to” address on the contract or a proper notice of assignment.

6. In accordance with FAR 42.1502(e), Past performance evaluations shall be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value.

Past performance evaluations may also be prepared for construction contracts below $750,000. Past performance evaluations will be prepared by the Vicksburg District at least annually, and at the time the work under a contract or order is completed, and will be entered into the Contractor Performance Assessment Reporting System (CPARS), the Governmentwide evaluation reporting tool for all past performance reports on contracts located at http://www.cpars.gov/.

7. Electronic Funds Transfer (EFT)

All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov. UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in the SAM. Failure to update/maintain this information in the

SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.

8. Bids will not be accepted, nor shall bids be withdrawn electronically or by telephone.

Prior to bid opening, in accordance with Federal Acquisition Regulation Part 14.303(b) – Modification or Withdrawal of Bids, “a bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the person requesting withdrawal is established and that person signs a receipt for the bid.”

The following steps will be required by the Vicksburg Contracting Office:

(a) Contractor must present a letter verifying they are a representative of the company.

(b) Contractor must show valid, government issued picture identification.

(c) Vicksburg District Contracting Office will have the representative sign a receipt for bid.

9. Technical inquiries and questions all questions must be submitted via ProjNet.

Technical inquiries and questions relating to this solicitation are to be submitted via bidder inquiry in ProjNet at (https://www.projnet.org). Bidders are encouraged to submit questions 5 days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. To submit and review inquiry items, prospective vendors will need to use the bidder inquiry key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

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

The solicitation number is: W912EE25B0002

The bidder inquiry key is: SYYV4G-3ANC3S

Specific instructions for ProjNet bid inquiry access:

(a) From the ProjNet home page linked above, click on quick add on the upper right side of the screen.

(b) Identify the agency. This should be marked as USACE.

(c) Key. Enter the bidder inquiry key listed above.

(d) Email. Enter the email address you would like to use for communication.

(e) 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.

(f) 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.

(g) Click add user. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific instructions for future ProjNet bid inquiry access:

(a) 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.

(b) From the ProjNet home page linked above, click on quick add on the upper right side of the screen.

(c) Identify the agency. This should be marked as USACE.

(d) Key. Enter the bidder inquiry key listed above.

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

(f) Click continue. A page will then open asking you to enter the answer to your secret question.

(g) Enter your secret answer and click login. Once this is completed you are now logged into the system.

10. Tax on Foreign Purchases FAR provision 52.229-11 and FAR clause 52.229-12.

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons

– such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Solicitation/Contract/reference number: W912EE25B0002

Line 7 Name and address of the acquiring agency:

U.S. Army Corps of Engineers Vicksburg District Contracting Office 4155 Clay Street Vicksburg, MS 39183-3435

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14.

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time. As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans' Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

Army Contract Writing System (ACWS) Transition Information for Contractors.

a. The Department of the Army is in the process of deploying a new solicitation and contract writing software application to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software application will replace most existing Army contract writing systems, including the system used to create and release this Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

i. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

ii. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

iii. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions. Therefore:

i. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

ii. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (i.e., noticing something missing in a new conformed copy).

iii. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

iv. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer (i.e., the last conformed copy of the award not affected by the observed issue) will take precedence until the problems are corrected.

3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

i. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract to accurately reflect mutual agreement of the parties.

ii. Incorporate the last-known version of this contract to accurately reflect mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

iii. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (i.e., FAPIIS, CPARS).

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 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 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

(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 at time of award (see FAR clause 52.204-13, System for Award Management Maintenance, for the requirement to maintain SAM registration during performance and through final payment).

(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)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed-price construction contract resulting from this solicitation.

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…