Solicitation.W912EE25BA008.pdf

SOLICITATION NO. W912EE25BA008

ISSUE DATE: 15 AUGUST 2025

SPECIFICATIONS

FOR

DELTA, LOUISIANA, MADISION PARISH, RM 438.0-R A.H.P,

FC/MR&T, CHANNEL IMPROVEMENT,

ARTICULATED CONCRETE MATTRESS CASTING, FY-26

THIS PROCUREMENT IS SET ASIDE

100% FOR SMALL BUSINESSES

CEMVK-ECT-C

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 “U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL”, LATEST EDITION.

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435

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://sam.gov

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION A – COVER SHEET AND SOLICITATION, OFFER, AND AWARD (SF 33)

SECTION B – BIDDING SCHEDULE, NOTES, GENERAL NOTES, AND SPECIAL NOTES

SECTION C – DESCRIPTION/SPECIFICATIONS

SECTION D – NOT USED

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

SECTION G – CONTRACT ADMINISTRATIVE DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SECTION I – CONTRACT CLAUSES

SECTION J – ATTACHMENTS LIST

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

SECTION L – INSTRUCTIONS AND CONDITIONS

SECTION M – EVALUATION FACTORS FOR AWARD

SPECIFICATIONS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 01 22 00.00 09 01 33 00 01 35 26 01 42 00 01 45 00.00 09 01 45 00.15 09 01 57 20.00 09 01 57 23.01 09

GENERAL CONTRACT REQUIREMENTS

MEASUREMENT AND PAYMENT

SUBMITTAL PROCEDURES

GOVERNMENTAL SAFETY REQUIREMENTS

SOURCES FOR REFERENCE PUBLICATIONS

QUALITY CONTROL

RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

ENVIRONMENTAL PROTECTION

STORM WATER POLLUTION PREVENTION PLAN

DIVISION 03 - CONCRETE

03 30 01.00 09 ARTICULATED CONCRETE MATTRESS

-- End of Project Table of Contents –

W912EE25BA008

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On:

13 Aug 2025, 12:51 PM Central Daylight Time

Section A - Solicitation/Contract Form

Delta, LA, Madison Parish, RM 438.0-R A.H.P, FC/MR&T, Channel Improvement, Articulated Concrete Mattress Casting, FY-26

Delta, LA, Madison Parish, RM 438.0-R A.H.P, FC/MR&T, Channel Improvement, Articulated Concrete Mattress Casting, FY-26

Bid Package Requirements

Bidders Shall Submit with their Bid Package:

1) A Complete and Signed SF-33 with Amendments Acknowledged.

2) A Complete Bidding Schedule, with the Bidders Unit Price, and Total Line Item Bid Amounts for Base Work plus Options 1 and 2. Also, complete the Contractor Information portion of the Bidding Schedule with The Total Summation Amount of the Bid, and other required bidder identification information.

3) The Bidder's Original Bid Guarantee (see Clause 52.228-1, Bid Guarantee).

4) An accurately completed copy of the Bidders Representations and Certifications (Ref. FAR Clause 52.204-8 Annual Representations and Certifications for required information). In lieu of the completed FAR 52.204-8 Offeror Representations and Certifications, the bidder may certify in their bid package that their Online Representations and Certifications are available electronically at www.sam.gov (see FAR Clause 52.204-7 System for Award Management).

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Delta, LA, Madison Parish, RM 438.0-R A.H.P., FC/MR&T, Channel Improvement, Articulated Concrete Mattress Casting, FY-26

SOLICITATION NO. W912EE25BA008

BIDDING SCHEDULE

Item

No.

Description

Estimate d

Quantity

Unit of

Measure Unit Price Amount

0001 BASE WORK - Articulated Concrete Mattress 50,000 SQ $__________ $___________

0002 OPTION 1 - Articulated Concrete Mattress 5,000 SQ $__________ $___________

0003 OPTION 2 - Articulated Concrete Mattress 5,000 SQ $_________ $___________

TOTAL OF BASE BID PLUS OPTIONS 1 AND 2: $_______________________________

CONTRACTOR'S INFORMATION

CONTRACTOR'S NAME: ____________________________________________

CONTRACTOR'S ADDRESS: ___________________________________________

CAGE CODE: ____________________________________________

UEI NUMBER: ____________________________________________

POINT OF CONTACT NAME: ____________________________________________

POINT OF CONTACT TITLE: ____________________________________________

TELEPHONE NUMBER: ____________________________________________

DATE: ____________________________________________

NOTES:

Solicitation No. W912EE25BA008 - Delta, LA, Madison Parish, RM 438.0-R A.H.P., FC/MR&T, Channel Improvement, Articulated Concrete Mattress Casting, FY-26.

(A) This firm fixed-price procurement is a 100% Small Business Set-Aside under NACIS Code 327390 - Other Concrete Product Manufacturing and PSC Code 9390 - Miscellaneous Fabricated Nonmetallic Materials. The Small Business Size Standard is 500 employees.

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) Award will be based upon the lowest responsible, responsive bid, as may be in the best interest of the Government.

(D) END ITEMS. For small business concern representative purposes, the end item being procured under this solicitation are completed squares of articulated concrete mattress. Ingredients such as Portland Cement and Fly Ash, etc., are not end items.

(E) For variation in quantity clause see Section F - DELIVERIES OR PERFORMANCE, paragraph entitled "VARIATION IN

QUANTITY (FAR 52.211-16 - APR 1984)".

(F) OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTIONAL WORK Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTION WORK Items by written notice to the Contractor. Option 1 and/or 2 can be exercised and awarded by the Contracting Officer up until 45 days from completion of the base contract casting operations. Options are not required to be awarded in consecutive order. The Contracting Officer may elect not to award any options or may award any combination of options at his discretion. Bidders shall bid on all items including optional items (see "EVALUATION OF OPTIONS" FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

W912EE25BA008

https://www.usace.army.mil/Business-With-Us/Partnering/

(G) EVALUATION OF OPTIONS (FAR 52.217-5 - JUL 1990). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(H) 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 SHALL BE DECLARED NONRESPONSIVE AND THEREFORE INELIGIBLE FOR

AWARD.

(I) Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price.

Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

(J) 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.

(K) 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.

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

(M)The contractor should be aware of the additional surveying requirements for this contract. See Section 01 00 00.00 09 for more information.

(N) 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 the specifications. The NTP will be issued at an agreed upon time 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.

(O) Please be advised that the System for Award Management Registration (SAM) replaces CCR/FedReg and ORCA. All references to CCR and ORCA are to be replaced with SAM. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(P) 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").

(Q) The SF33, Bidding Schedule, and Section K (Representations, Certifications, and other statement of offers) 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, a complete hard copy of their online representations and certifications at www.sam.gov. See FAR Clause 52.204-7.

(R) Please be advised that the System for Award Management Registration (SAM) replaces CCR/FedReg and ORCA. All references to CCR and ORCA are to be replaced with SAM. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(S) SITE VISITS. Site visits may be arranged during normal duty hours (8:00 a.m. to 4:45 p.m., Monday through Friday) by contacting: U.S. Army Corps of Engineers, Mr. Robin Blake, Chief, Vidalia Area Office, 100 Advocate Row, Vidalia, Louisiana 71373-3032, telephone (318) 336-5226 (see Contract Clause 52.236-27 - ARRANGEMENTS FOR SITE VISIT).

(T) 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.

(U) 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.

(V) This contract shall be performed at Delta Point Casting Field in Delta, Louisiana unless the field becomes inaccessible or inoperable. If for any reason the Delta Point Casting Field becomes inoperable, the Government, may require the bidder to cast the squares required for this contract at either St. Francisville, LA Casting Field or Richardson Landing, TN Casting Field depending on availability. If this situation arises where the location of performance changes, the bidder may upon request and approval of the Contracting Officer, be allowed to request an equitable adjustment in contract price for concrete mattress pursuant to the Contract Clause, CHANGES - FIXED PRICE (FAR 52.243-1).

(W) The Contractor shall provide a vehicle and operator for hauling and delivering the field concrete specimens to the onsite testing laboratory. A vehicle operator shall be provided during the hours of concrete placement and at any time requested by the Contracting Officer Representative. The Contractor shall maintain the vehicle in a safe and reliable operating condition.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA.

AUTHORITY: Flood Control Acts of 1928 (Section 1); 1936 (Section 1); 1938 (Section 4); 1941 (Section 3); 1944 (Section 10); 1962 (Section 203); 1965 (Section 201, 204); 1966 (Section 202, 203); and 1970 (Section 207) Further Continuing and Security Assistance Appropriations Act, 2017.

APPROPRIATION: P.L. 116-260 Consolidated Appropriation Act, 2021

FUNDING CITATION: 096 NA X 4902 0000

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. Performance and Payment Bonds will be required after award. See Contract Clauses 52.228-1 BID GUARANTEE and 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, and Construction Contract Clauses 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 Contract 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: W912EE25BA008

The bidder inquiry key is: 4567IQ-5H9EH7

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: W912EE25BA008

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.

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).

Item Supplies/Service Quantity Unit Unit Price Amount

Articulated Concrete Mattress-Base Work

Universal Product Number: 000 Product Service Code: 9390 Pricing Arrangement: Firm Fixed Price

50,000 Square

Articulated Concrete Mattress-Option

Option Line Item

Universal Product Number: 000 Product Service Code: 9390 Pricing Arrangement: Firm Fixed Price

5,000 Square

Option Line Item

Articulated Concrete Mattress-Option

Universal Product Number: 000 Product Service Code: 9390 Pricing Arrangement: Firm Fixed Price

5,000 Square

Section C - Description/Specifications/Statement of Work

The estimated value of the proposed work is between $10,000,000.00 and $25,000,000.00.

See Section J - Lists of Attachments for the following:

Attachment 10 - Bidding Schedule

Attachment 11 - Specifications

Attachment 12 - Plans (Drawings)

Requirements The U.S. Army Corps of Engineers, Vicksburg District has a FY-26 requirement for a Contractor to produce and supply articulated concrete mattresses in the quantity shown on the bidding schedule, in strict accordance with the specifications, schedules and drawings. The work to be performed under this contract consists of furnishing all plant, labor, materials, and equipment needed, and performing all work for casting the articulated concrete mattress at the Mattress Casting Field in Delta, Louisiana. Principal features of the work include supplying aggregate and cementitious materials; and batching and placing concrete. The requirement calls for base work and two (2) options.

Section D - Packaging and Marking

LEFT BLANK INTENTIONALLY

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Full Text

52.246-2 Inspection of Supplies-Fixed-Price. (Aug 1996)

Inspection of Supplies-Fixed-Price (Aug 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the…