Solicitation Package _(SAM)_04-19-24.pdf

ED 24-004

IFB NO. W912P8-24-B-0024

US Army Corps of Engineers New Orleans District

Flood Control, Mississippi River and Tributaries Indefinite Delivery-Indefinite Quantity Contract

2024 Stone Placement

Mississippi, Atchafalaya, and Red Rivers, and Old River Control Channels

Construction Solicitation and Specifications

19 April 2024

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

7400 LEAKE AVENUE

NEW ORLEANS, LA 70118-3651

ED 24-004

SOLICITATION: W912P824B0024 19 April 2024

FOR: Flood Control, Mississippi River and Tributaries, Indefinite Delivery – Indefinite Quantity Contract, 2024 Stone Placement, Mississippi, Atchafalaya, and Red Rivers, and Old River Control Channels (ED 24-004).

TO OPEN: All bids must be received by 10:00AM (local time) on 20 May 2024.

Bid Opening will be held at 11:00 AM (local time), on 20 May 2024.

(Questions are due no later than 3 May 2024 at 2:00 PM, local time.)

I. NOTE THE AFFIRMATIVE ACTION PROGRAM REQUIREMENT OF THE EQUAL OPPORTUNITY

CLAUSE WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. NOTE THE CERTIFICATION OF NONSEGREGATED FACILITIES IN THIS SOLICITATION.

Bidders, offerors, and applicants are cautioned to note the "Certification of Non-segregated Facilities" in the solicitation. Failure of a bidder or offeror to agree to the certification will render his bid or offer non-responsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.

III. Prospective contractors must register in the System for Award Management (SAM). See FAR Clause 52.204-7 for required information. The website for SAM is https://www.sam.gov. As of April 4, 2022, the Federal Government has stopped using the DUNS Number as a unique identifier for entities and switched to a Unique Entity ID generated by SAM.gov. In addition, entities with DUNS Numbers but no SAM.gov registration have been able to get Unique Entity IDs without registering in SAM.gov since October 2021.

NOTE: The DUNS Number is no longer used in SAM.gov, eSRS, FSRS, FPDS, CPARS, or FAPIIS.

BIDDERS MUST PROVIDE FULL, ACCURATE AND COMPLETE INFORMATION AS REQUIRED BY THIS

SOLICITATION AND ITS ATTACHMENTS. THE PENALTY FOR MAKING FALSE STATEMENTS IN BIDS

IS PRESCRIBED IN 18 U.S.C. 1001. (FAR 52.214-4 APR 1984)

DESCRIPTION AND MAGNITUDE OF WORK: The work consists of various types of stone placement along the banks of the Mississippi River (Miles 325.8 to 0.0 AHP), Atchafalaya River (Miles 0.0 to 137.0), Red River (Miles

6.0 to 11.0), and Old River Control Channels.

CAUTION TO BIDDERS: In delivery of hand-carried bids, bidders are cautioned to allow sufficient time for delays which may be encountered as a result of frequent trains which are subject to block all access roads to place of bid opening for various lengths of time and for visitor background checks by MVN security when entering the installation at place of bid opening. Such delays DO NOT permit acceptance or consideration of late bids.

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", DATED 30 NOVEMBER 2014.

VIRTUAL BID OPENING, please read and adhere to all special instructions in reference to subject solicitation and future amendments, including the dial-in information which is annotated in Section #10 of the SF 1442 and in SECTION 00100 - INSTRUCTIONS TO BIDDERS of the solicitation.

All qualified business concerns may submit bids. Please note, bids received from large business firms must comply with FAR 19.7 and FAR Clause 52.219-9 regarding the requirement for submission of a subcontracting plan.

ATTENTION: Contractors must complete, and submit with their bid, the provisions located in Section 00600. A bidder may also submit, in lieu of the completed Section 00600, a complete hard copy of their Online Representations and Certifications Applications (ORCA) registration with an expiration date on or after the date of award.

https://www.sam.gov/

REPLY TO

ATTENTION OF:

Contracting Division Project West Branch

ATTENTION BIDDERS

In preparing your bid ----

Have you signed the bid? Are all blank spaces filled in?

If signing on behalf of your company and not an bid thereof, have you attached evidence of your authority to sign the bid?

Have you acknowledged receipt of all amendments?

Have you checked your bid for possible errors? Arithmetically?

Have you furnished all information required by the bid or the specifications?

Are you submitting your bid on time? If mailed, will it reach the place of bid opening at the designated hour?

If required by the solicitation, have you submitted a bid bond? Is it signed? Is it in the proper amount?

Electronic submission of Bids under IFB Solicitations:

a.) Please refer to Section 00100, Instructions to Bidders, in the solicitation for guidance.

Contracting Officer – Mr. Christopher Nuccio, email: christopher.nuccio@usace.army.mil Contract Specialist – Ms. Anedra Baldwin, email: anedra.a.baldwin@usace.army.mil b.) The bid opening date is scheduled for Monday, May 20, 2024, at 11:00AM local time. On the bid opening date, the Contract Specialist will begin downloading bids approximately one (1) hour prior to the scheduled bid opening, which is the bid cutoff time. All bids received after the bid opening date/time will be considered late.

electronically provided in accordance with Block 12b of the SF1442 and subsequently mail the originals to the address provided in Block 7 of the SF 1442.

LMN FL 1078-1

AUGUST 90 (previous editions are obsolete) Proponent: CEMVN-CT-W

DEPARTMENT OF THE ARMY

NEW ORLEANS DISTRICT, CORPS OF ENGINEERS

7400 LEAKE AVENUE

NEW ORLEANS, LOUISIANA 70118-3651

19 April 2024

SOLICITATION NUMBER: W912P824B0024

ALL QUESTIONS MUST CONTAIN THE SOLICITATION NUMBER IN

THE SUBJECT LINE.

IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATIONS; ALL

QUESTIONS MUST BE SUBMITTED IN WRITING. ANY QUESTIONS

RECEIVED IN ANY OTHER FORMAT WILL NOT WARRANT A

RESPONSE.

QUESTIONS MUST BE SENT VIA EMAIL AND RECEIVED BY 2:00P.M.

CST, May 3, 2024. THE GOVERNMENT IS UNDER NO

OBLIGATION TO PROVIDE A RESPONSE TO LATE QUESTIONS.

ALL INQUIRIES REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

ANEDRA BALDWIN, CONTRACT SPECIALIST,

U.S. ARMY CORPS OF ENGINEERS, NEW ORLEANS DISTRICT

E-MAIL:

ANEDRA.A.BALDWIN@USACE.ARMY.MIL

PHONE: (504) 862-1754

COLLECT CALLS NOT ACCEPTED

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) W912P824B0024 IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

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

SOLICITATION

1. SOLICITATION NO.

5. REQUISITION/PURCHASE REQUEST NO.

CODE

6. PROJECT NO.4. CONTRACT NO.

7. ISSUED BY

11. The contractor shall begin performance

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

b. An offer guarantee

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

d. Offers providing less than

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

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

U.S. Army Engineer District, New Orleans Attn: CEMVN-CT-W 7400 Leake Avenue, Room 172 New Orleans, LA 70118-3651

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Flood Control, Mississippi River and Tributaries, Indefinite Delivery – Indefinite Quantity Contract, 2024 Stone Placement, Mississippi, Atchafalaya, and Red Rivers, and Old River Control Channels (ED 24-004).

This is an UNRESTRICTED procurement. NAICS code is 237990.

DESCRIPTION OF WORK: The work consists of various types of stone placement along the banks of the Mississippi River (Miles 325.8 to 0.0 AHP), Atchafalaya River (Miles 0.0 to 137.0), Red River (Miles 6.0 to 11.0), and Old River Control Channels.

Magnitude of Construction: The contract ceiling is $47,500,000.00 with a minimum guarantee of 2% ($950,000.00).

Contract duration is 730 days from date of award.

Performance and Payment Bonds and Notice to Proceed (NTP) will be received and issued on a task order basis. Each task order will have an individual period of performance which could, potentially, extend beyond the contract ordering period duration.

The Audio call-in access information for prospective bidders to join the bid opening virtually is as follows:

+1-844-800-2712 (US Toll Free) +1-669-234-1177 (US Toll) Access code: 199 853 3052

8. ADDRESS OFFER TO

See Number 7.

CALL: Anedra Baldwin (504) 862-1754

ED-24-004

104/19/2024

a. Sealed offers in original and local time 05/20/24

10:00AM

***All task orders issued at or above $35M will require a Project Labor Agreement. Please see 52.222-33 Alt III and 52.222-34 Alt II for additional information.***

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

20b. SIGNATURE 20c. OFFER DATE

26. ADMINISTERED BY

USACE, Lafayette Area Office 646 Cajundome Blvd, Suite 301 Lafayette, LA 70506-4290

27. PAYMENT WILL BE MADE BY

US ARMY CORPS OF ENGR

FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

PTC-a ED 24-004

PROJECT TABLE OF CONTENTS

Division 00 – PROCUREMENT AND CONTRACT REQUIREMENTS

00010 Bidding Schedule 00100 Instructions, To Bidders 00600 Representations and Certifications 00700 Contract Clauses 00800 Special Contract Requirements

Division 01 - GENERAL REQUIREMENTS

01000 General Requirements 01100 General Provisions 01 32 16.00 20 Small Project Construction Progress Schedules 01 33 00 Submittal Procedures 01 42 00 Sources for Reference Publications 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM) 01 45 04.00 10 Contractor Quality Control 01 57 20.00 12 Environmental Protection – Stone Placement 01 78 02.00 10 Closeout Submittals

Division 31 – EARTHWORK

31 00 00.01 12 Grading and Earth Fill 31 00 00.02 12 Slope Dressing

Division 35 – WATERWAY AND MARINE CONSTRUCTION

35 31 19.01 12 Stone Placement 35 31 19.02 12 Stone Key

00010-3 ED 24-004

SECTION 00010 – BIDDING SCHEDULE

Flood Control, Mississippi River and Tributaries, Indefinite Delivery – Indefinite Quantity Contract

2024 Stone Placement, Mississippi, Atchafalaya, and Red Rivers, and Old River Control Channels

Item DESCRIPTION Estimated Quantity Unit Unit

Price Estimated Amount

BASE WORK

0001 Mobilization and Demobilization 1 JOB

0002 Multibeam Surveys 20 EA

Grading and Earth Fill (Mississippi River, Atchafalaya River, Red River, and Old River Control Channels)

1,000 CY

Stone Upper Bank Paving (Atchafalaya River, Red River, and Outflow Channels)

10,000 TON

Stone Upper Bank Paving (Mississippi River and Inflow Channels)

30,000 TON

Stone Subaqueous Paving (Mississippi River and Inflow Channels, 2200 LB. Stone)

50,000 TON

Stone Subaqueous Paving (Atchafalaya River, Red River, and Outflow Channels, 200 LB. Stone)

50,000 TON

Stone Subaqueous Paving (Mississippi River and Inflow Channels, 200 LB. Stone)

10,000 TON

Stone Subaqueous Paving (Mississippi River and Inflow Channels, Grade Stone B)

225,000 TON

Stone Subaqueous Paving (Mississippi River and Inflow Channels, Grade Stone C)

200,000 TON

Stone Subaqueous Paving (Atchafalaya River, Red River, and Outflow Channels, Grade Stone C)

20,000 TON

Stone Subaqueous Paving (Inflow and Outflow Channels, 14000 LB. Stone)

2,000 TON

Stone Dike Paving (Atchafalaya River, Red River, and Outflow Channels, Grade Stone B)

8,000 TON

00010-4 ED 24-004

Item DESCRIPTION Estimated Quantity Unit Unit

Price Estimated Amount

Stone Dike Paving (Atchafalaya River, Red River, and Outflow Channels, Grade Stone C)

8,000 TON

Stone Dike Paving (Mississippi River and Inflow Channels, Grade Stone B)

10,000 TON

Stone Dike Paving (Mississippi River and Inflow Channels, Grade Stone C)

10,000 TON

0017 Stone Repairs (Atchafalaya River, Red River, and Outflow Channels) 10,000 TON

0018 Stone Repairs (Mississippi River and Inflow Channels) 20,000 TON

Hog Point Channel Contraction Works Repair, Mississippi River (Miles 300.4 to 297.4 AHP), Grade Stone A

1,000 TON

0020 Crushed Stone (Atchafalaya River, Red River, and Outflow Channels) 1,000 TON

0021 Crushed Stone (Mississippi River and Inflow Channels) 1,000 TON

0022 Stockpile, Grade Stone B 8,000 TON

0023 Stone Key Construction (Atchafalaya River) 200 LF

0024 Stone Key Construction (Mississippi River) 200 LF

TOTAL BASE WORK: $

OPTIONAL WORK (OW)

0025 Subsequent Mobilization and Demobilization – (OW) 3 EA

Stone Subaqueous Paving (Mississippi River and Inflow Channels, 2200 LB. Stone) – (OW)

10,000 TON

Stone Subaqueous Paving (Mississippi River and Inflow Channels, Grade Stone B) – (OW)

50,000 TON

TOTAL OPTIONAL WORK: $

TOTAL BASE WORK + OPTIONAL WORK: $

NOTE 1: The award will be made as a whole to one bidder.

00010-5 ED 24-004

NOTE 2: Bidders shall furnish unit prices for each item listed in the Schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE

UNIT PRICE AND THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY

ITEM, ITS BID SHALL BE DECLARED NON-RESPONSIVE AND THEREFORE

INELIGIBLE FOR AWARD.

NOTE 3: Any bid may be rejected if the Contracting Officer, in writing, determines that it is unreasonable as to price. Unreasonableness of price includes not only total price of the 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.

NOTE 4: NOTICE OF AWARD/NOTICE TO PROCEED: The successful bidder is advised that performance and payment bonds will be submitted in accordance with the time frame in block 12B of SF 1442 after the Notice of Award. Performance and payment bonds will be required per individual Task Order. The Notice To Proceed will be issued immediately after verification of acceptable performance and payment bonds.

A separate Notice To Proceed will be issued for each Task Order. Within 7 days after issuance of the Notice To Proceed, the Contractor will initiate a meeting to discuss the submittal process with the Area or Resident Engineer or his authorized representative.

Physical work cannot start on a first Task Order 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. Similarly, physical work cannot start on subsequent Task Orders until Task Order specific supplements to the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all Task Order specific preliminary meetings called for under the contract, have been conducted.

NOTE 5: OPTIONAL WORK ITEMS. The Government may require the delivery of Item Nos. 0025, 0026 and 0027, identified in the schedule as Optional Work items, in the quantities and prices stated in the schedule. If an Optional Work item quantity is exceeded, the overrun quantity will be paid for at the Optional Work item unit price stated in the schedule. The Contracting Officer may exercise the Optional Work by written notice to the Contractor within the two-year period of the contract. The Government will exercise the Optional Work in accordance with the Contract Clause in Section 00700 entitled “OPTION FOR INCREASED QUANTITY-SEPERATELY PRICED LINE ITEM (FAR 52.217-7, MAR 1989). Failure to bid on all items will result in a non-responsive bid.

NOTE 6: 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).

NOTE 7: TIME ADJUSTMENT IN THE EVENT OF THE EXERCISE OF OPTIONAL

WORK. In the event that the OPTIONAL WORK item Nos. 0025, 0026, and 0027 are exercised under the terms of the contract, the time required for completion of the contract will be adjusted based on the time specified for the Task Order.

00010-6 ED 24-004

NOTE 8: Initial mobilization and demobilization costs will be paid for by the Government. Subsequent moving from one designated locality or jobsite to another designated locality or jobsite is not considered mobilization and demobilization. Any subsequent mobilization and demobilization costs will be paid for by the Government provided that (a) the Contractor has completed all the work assigned in all the Task Orders issued and the Contractor has demobilized, or (b) the Government has suspended the Contractor and the Contractor has demobilized. Bidders are cautioned to read sub-paragraph 1.b.(3) in Section 01100, paragraph 1 entitled “LOCATIONS AND

ANTICIPATED WORK”.

NOTE 9: Attention is directed to the Section 00700 CONTRACT CLAUSES, entitled "ORDER LIMITATIONS" (FAR 52.216-19, Oct 1995) for Task Order limitations.

NOTE 10: Task Orders will be issued by electronic communications (e-mail or facsimile) by the Contracting Officer.

NOTE 11: All quantities are estimated and are to be used for bid evaluation purposes only. Estimated quantities of individual contract line items may vary significantly either up or down depending on the work required during the two-year contract period as long as the earnings limitations of the contract are not exceeded.

NOTE 12: No adjustment will be made to the contract price under the VEQ clause (FAR 52.211-18) since this is an ID-IQ contract. The VEQ clause is inserted only for the authority to adjust quantities in each task order through a modification.

NOTE 13: Any travel and lodging costs of Contractor personnel shall be considered in the Contractor’s pricing and shall be distributed among the individual contract line items.

NOTE 14: This bid schedule is for evaluation purposes only. Unit prices are binding;

however, the quantities are for evaluation purposes only to determine the lowest overall bidder for award.

NOTE 15: The unit “Job” as used in this Bidding Schedule is synonymous with the term “Lump Sum” used elsewhere within these plans and specifications.

NOTE 16: RAPID VENDOR PAYMENT. Web based instructions for the submission of invoices can be accessed using the following link:

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment.aspx

Section 00100 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

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 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.232-13 Notice Of Progress Payments APR 1984 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7008 Only One Offer DEC 2022 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

SMSA Counties 31.0% Non-SMSA Counties 27.7%

6.9% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Concordia, Avoyelles, Pointe Coupee, St. Landry, West Feliciana, East Baton Rouge, West Baton Rouge, Iberville, Ascension, St. James, St. John the Baptist, St. Charles, St. Martin, St. Mary, Jefferson, St. Bernard, Orleans, and Plaquemines Parishes of Louisiana; Adams and Wilkerson Counties of Mississippi.

(End of provision)

U.S. Army Corps of Engineers, New Orleans District Current Small Business Program Target Percentages

FY2024

SUBCONTRACTING

Small Business (SB)

Small Disadvantaged Business (SDB)

50.00%

25.00%

Women-Owned Small 3.00% Business (WOSB/EDWOSB)

HUBZone Small 10.00% Business (HUBZone)

Service-Disabled Veteran 12.00% Small Business (SDVOSB)

NOTE: The above figures are subject to change. Contact the New Orleans District Small Business Office for further information.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, New Orleans District ATTN: Christopher Nuccio

CEMVN-CT-W

7400 Leake Avenue New Orleans, LA 70118-3651

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

(End of provision)

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

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

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

Name: Thomas Carroll Address: USACE, Lafayette Area Office

646 Cajundome Blvd, Suite 301

Lafayette, LA 70506-4290 Telephone: (337) 322-7084 thomas.c.carroll@usace.army.mil

(End of provision)

ACO POC: John Page john.r.page@usace.army.mil

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

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

www.acquisition.gov//

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

BIDDERS INSTRUCTIONS

SECTION 00100 - INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

SOLICITATION NUMBER: W912P824B0024

NOTE: BIDDERS MAY SUBMIT BIDS BY ONLY ONE METHOD: A) ELECTRONIC COMMERCE

(EMAIL) OR BY 2) PHYSICAL SUBMISSION. BIDDERS SHALL LIMIT THE BID SUBMITTAL TO ONE

OPTION OR THE OTHER, NOT BOTH.

Electronic Submission of Bids/Proposals (Email):

The New Orleans District utilizes electronic commerce (Email) for receipt of electronic bids under this IFB solicitation. To submit an electronic commerce (Email) bid please follow these steps:

1. Send an email containing your name, email address and bid/proposal to the following emails associated with the IFB (MUST include all emails):

ANEDRA.A.BALDWIN@USACE.ARMY.MIL

CHRISTOPHER.NUCCIO@USACE.ARMY.MIL

2. ALL BIDS SUBMITTED BY EMAIL MUST CONTAIN THE SOLICITATION NUMBER IN THE

SUBJECT LINE.

3. Once the agency receives your bid/proposal at the above email addresses, you will then receive a confirmation email stating your bid/proposal was received. If a bidder does not receive a reply acknowledging receipt electronically from the New Orleans District, it is incumbent upon the bidder to seek confirmation from the issuing Contracting office by phone.

Note: The size limit for incoming emails is 35MB. Any bid/proposal over this size may not be accepted by the server and will constitute the bid not being received timely. Please note that embedded links, URLs, and other html language included may interfere with the USACE server security, which may cause emails to be removed prior to being received by the contracting office. Bidders are advised to refrain from including external links, embedded links, URLs, and other html language not germane to the proposal/bid. Please note it is a bidder’s responsibility, when transmitting its bid electronically, to ensure the receipt of its bid to the proper designee at the proper time. See FAR 14.304(b)(1)(i) regarding untimely electronic bids. Please note, MVN’s computer system firewall may cause a delay in receipt of emails, so be sure to allow ample time for possible delay. If your email would exceed 35MB you can use one of the following methods as a work-around:

Use .zip files as attachments. Combine multiple files into a .zip file to compress file size prior to adding as an email attachment.

Send multiple emails. Label each email with same subject line and indicate number of emails. For example:

Smith Construction W912P824BXXXX (1 of 2) Smith Construction W912P824BXXXX (2 of 2).

Physical Submission of Bids:

Bidders may submit their bids by hand carrying or express mail to the New Orleans District Contracting Office in Room 172. Bidders are advised to allow adequate time to ensure timely submission of its bid. Traffic onto the New Orleans District campus may be delayed by trains blocking the entrance or security either at the gate and/or inside of the building. Express delivery may be utilized but it is incumbent upon the bidder to ensure bid delivery time and date is before the receipt of bid cutoff time. See FAR 14.304(b)(1)(ii) and (c).

Bid Opening:

The Virtual Bid Opening is currently scheduled for Monday, May 20, 2024, at 11:00 am CST. The Contracting Officer and Contract Specialist will begin downloading bids at 10:00 AM CST, which is the bid submission receipt cutoff time. All bids received after 10:00 AM CST on Monday, May 20, 2024, will be considered late.

Audio Teleconference Bid Opening Information:

The Audio call-in access information for prospective bidders to join the bid opening virtually is as follows:

+1-844-800-2712 (US Toll Free) +1-669-234-1177 (US Toll) Access code: 199 853 3052

In the event of changes to the solicitation that require a revision to the closing date/time, or the bid opening Audio Teleconference information, these details will be provided via amendment.

Following the conclusion of the bid opening, in accordance with FAR 14.403(b), abstracts of bids for unclassified acquisitions shall be available for public inspection via SAM.GOV. The bid abstract will be published within 24-48 hours, excluding weekends.

Section 00600 - Reps and Certs

52.203-2 Certificate Of Independent Price Determination APR 1985 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.226-7002 Represenation for Demonstration Project for Contractors Employing Persons with Disabilities

DEC 2019

252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

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

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of provision)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

XX

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial…