Solicitation W911WN20B8002.pdf

W81ET400211111

Replace Gate Operating Machinery, Tionesta Creek Lake, Forest County, Pennsylvania

Estimated Magnitude of Construction is betw een $1,000,000 and $5,000,000

NAICS Code: 237990 Other Heavy and Civil Engineering Construction. Size Determination: $39.5M

This project is set-aside 100% for Small Business.

ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY.

NOTE: BLOCK 13 REQUIREMENTS HAVE BEEN REVISED. SEE ADDENDUM TO SECTION 00 21 00 WITH INFORMATION REGARDING THE

SUBMISSION AND OPENING OF BIDS.

X

JANIE L RONEY (412) 395-7474

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

14-Apr-2020

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________720 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________14 May 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee X is, is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

412-395-7110FAX:TEL: TEL: FAX:

W911WN20B8002 44

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W911WN20B8002

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

REPLACE GATE NO. 2 OPERATING MACHINERY

FFP

The work consists of the replacement of Gate No. 2 Operating Machinery at Tionesta Creek Dam in accordance with the Drawings and Specifications. The unit of issue (Job) as referred to in this Contract Line Item Number (CLIN) is the total price for all quantities multiplied by their respective unit prices listed in the Bid Schedule (Items 0001-0004). Offerors shall provide a unit price and a total price for all line items listed in the solicitation.

FOB: Destination

PURCHASE REQUEST NUMBER: W81ET400211111

NET AMT

1001 1 Job

OPTION REPLACE EMERGENCY GATE OPERATING MACHINE

FFP

The work consists of the replacement of the Emergency Gate Operating Machinery at Tionesta Creek Dam in accordance with the Drawings and Specifications. The unit of issue (Job) as referred to in this Contract Line Item Number (CLIN) is the total price for all quantities multiplied by their respective unit prices listed in the Bid Schedule (Items 1001-1003). Offerors shall provide a unit price and a total price for all line items listed in the solicitation.

2001 1 Job

OPTION REPLACE GATE NO. 3 OPERATING MACHINERY

FFP

The work consists of the replacement of Gate No. 3 Operating Machinery at Tionesta Creek Dam in accordance with the Drawings and Specifications. The unit of issue (Job) as referred to in this Contract Line Item Number (CLIN) is the total price for all quantities multiplied by their respective unit prices listed in the Bid Schedule (Items 2001-2003). Offerors shall provide a unit price and a total price for all line items listed in the solicitation.

3001 1 Job

OPTION REPLACE GATE NO. 1 OPERATING MACHINERY

FFP

The work consists of the replacement of Gate No. 1 Operating Machinery at Tionesta Creek Dam in accordance with the Drawings and Specifications. The unit of issue (Job) as referred to in this Contract Line Item Number (CLIN) is the total price for all quantities multiplied by their respective unit prices listed in the Bid Schedule (Items 3001-3003). Offerors shall provide a unit price and a total price for all line items listed in the solicitation.

BID SCHEDULE

ITEM UNIT OF UNIT

NUMBER DESCRIPTION QUANTITY MEASURE PRICE AMOUNT

BASE CONTRACT

0001 Reimbursement for Actual 1 JOB $___________ $_____________ Performance and Payment Bonds Premiums, Base Contract

0002 Digital Progress Images, Base Contract 12 Sets $___________ $_____________ 0003 Replace Gate No. 2 Operating Machinery 1 Job $___________ $_____________ 0004 Control Tower Concrete Repairs 1 Job $ ___________ $_____________

TOTAL, Base Contract, Items 0001 Through 0004 $_____________

AWARDABLE OPTION 1

1001 Reimbursement for Actual

Performance and Payment Bonds Premiums, Awardable Option 1 1 Job $___________ $_____________

1002 Digital Progress Images, Awardable Option 1 12 Sets $___________ $_____________

1003 Replace Emergency Gate Operating Machinery 1 Job $___________ $_____________

TOTAL, Awardable Option 1, Items 1001 Through 1003 $_____________

AWARDABLE OPTION 2

2001 Reimbursement for Actual

Performance and Payment Bonds Premiums, Awardable Option 2 1 Job $___________ $_____________

2002 Digital Progress Images, Awardable Option 2 12 Sets $___________ $_____________

2003 Replace Gate No. 3 Operating Machinery 1 Job $___________ $_____________

TOTAL, Awardable Option 2, Items 2001 Through 2003 $_____________

AWARDABLE OPTION 3

3001 Reimbursement for Actual

Performance and Payment Bonds Premiums, Awardable Option 3 1 Job $___________ $_____________

3002 Digital Progress Images, Awardable Option 3 12 Sets $___________ $_____________

3003 Replace Gate No. 1 Operating Machinery 1 Job $___________ $_____________

TOTAL, Awardable Option 3, Items 3001 Through 3003 $_____________

TOTAL, Base Contract plus Awardable Options 1, 2, and 3 $_____________

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

2014)

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

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

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

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

52.222-23 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

1.8% 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 Pennsylvania, Forest County, Tionesta.

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers ATTN: Carole M. Householder William S. Moorhead Federal Building 1000 Liberty Avenue, Suite 2203 Pittsburgh, PA 15222-4186

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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

(b) An organized virtual site visit has been scheduled for --

Wednesday, 22 April 2020, 10:00 AM Eastern Time (ET) Zone

(c) Participants will --

Step 1: Dial into the conference.

Dial-In Line: 844-867-6169 Access Code: 3898135

Step 2: Join the conference on your computer.

Entry Link: https://www.webmeeting.att.com Meeting Number: 844-867-6169 (Access) Code: 3898135 Email Address: (Your Email) Enter Your Name: (Your First and Last Name)

This virtual site visit (Audio and Web Conferencing) will include the showing of pictures by the PDT to identify the conditions at the project site and the equipment that will be required to be replaced associated with the project requirements. Only one session will be held.

The pictures shown at the web conferencing will be posted to the solicitation on https://beta.sam.gov/ following the virtual site visit.

If there are questions pertaining to this Virtual Site Visit, please contact Contract Specialist Jane Roney by phone at 412-395-7474 or by email at Janie.L.Roney@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):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

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

ADDENDUM TO SECTION 00 21 00

ADDENDUM TO SECTION 00 21 00 – INSTRUCTIONS

00 21 00 - 01 POINT OF CONTACT

Inquiries may be made by writing this office, or by calling (collect calls not accepted) the following individuals:

Ms. Janie L. Roney 412-395-7474 Janie.L.Roney@usace.army.mil

00 21 00 - 02 SUBMISSION OF QUESTIONS

Due to the importance of maintaining the schedule for this project, it is requested that all questions regarding the specifications and/or drawings be submitted by 11:00 AM ET, Friday, 1 May 2020.

All questions must be in writing and shall be emailed to:

LRP.CONTRACTING@USACE.ARMY.MIL with the SUBJECT identified as “W911WN20B8002 – QUESTION.” Any questions received after the above date and time are at the discretion of the Contracting Officer.

Requests for hardcopies of the solicitation, specifications, drawings, and amendments (if applicable) will not be honored. Vendors must register at http://beta.sam.gov/. This site is also used for obtaining bid results and award information.

00 21 00 - 03 SUBMISSION OF BIDS

Bids: ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FEDEX delivery of hard copies and or CD-ROMs are not authorized. Facsimile submission is not authorized. Electronic Bid Submission is required through the Army’s Electronic File Sharing Service, DOD SAFE (https://safe.apps.mil). The DOD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DOD SAFE, and the application is available for use by anyone. The SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php). Instructions for uploading are as follows:

1. Send an email to the Contracting Officer and Contract Specialist to receive the drop off link where you will submit your bid package. The email request for the drop off link will need to be completed no sooner than 7 calendar days prior to the bid due date and time but no later than 1 calendar day prior to the bid due date.

a. Jane Roney, Contract Specialist at Janie.L.Roney@usace.army.mil

b. Carole Householder, Contracting Officer at Carole.Householder@usace.army.mil

2. You will receive an email from NoReplyTo@mail.mil with the drop off link, Claim ID, Recipient Code, and Claim Passcode to submit your bid package. As this is a system generated message, please be sure to check your junk or spam folder as it may be there depending on email settings.

3. Click the Add File(s) or Drag and Drop your file(s). See below for the file naming convention requirements.

4. Click Upload button to send documents.

5. Guest users will need to check their email to verify their email address before the recipients will be notified. No additional action is required by CAC users.

File Size Limitations: Bidders are advised to follow the DOD SAFE instructions for uploading files. DOD SAFE supports delivery up to 8GB. If a file size greater than 8GB is anticipated, bidders are advised to contact the Contract Specialist and Contracting Officer at least 24 hours prior to bid opening.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

W911WN20B8002-FIRMNAME-BID

If providing more than one file, each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see example above.

File Organization: The entire bid package, to include completed SF1442, acknowledgement of all amendments, and valid bid bond (SF24) including powers of attorney shall be submitted as one pdf document.

Upload Completion & Deadline: Bidders shall submit bid packages no later than the date and time specified in Block 13A on the SF1442. The time & date of bid receipt will be the upload completion/delivery time & date recorded within DOD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Bidders should time their upload effort with prudence by not waiting until the last few minutes - this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record.

00 21 00 - 04 BID OPENINGS

Due to health and safety concerns related to COVID-19 pandemic, the bid opening for this project will be conducted virtually by teleconference as follows:

a. Bid Opening will be by teleconference to begin promptly on the date and time specified in Block 13A on the SF1442. At the time of the bid opening, all bids received will be downloaded by the Government official opening the bids. Once all bids have been downloaded, they will be individually opened and read aloud.

b. Bidders should call into the teleconference 10 minutes prior to the teleconference start time at (877-402-

9753), access code (6818503), and security code (8002).

All bids are required to be received by the bid acceptance closing date and time stated in Block 13A of the Standard Form 1442.

00 21 00 - 05 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 or drawings or both prior to the date set for opening bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Invitation for Bids. If the revisions and amendments are of a nature which require material changes in the 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 Issuing Office will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

00 21 00 - 06 POSTPONEMENT OF BID OPENINGS

a. Bid openings may be postponed up to or even after the time scheduled for bid opening under the following circumstances:

(i.) when the Contracting Officer has reason to believe that the bids of an important segment of bidders have been delayed for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(ii) when emergency or unanticipated events interrupt normal Government processes so that the conduct of bid openings as scheduled is impracticable; or

(iii) when interruption of Government technology systems prevents bid opening as scheduled.

b. At the time a determination is made to postpone a bid opening under a(i) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the invitation, otherwise communicated to prospective bidders likely to attend the scheduled bid opening.

c. In the case of a(ii) above, when urgent Government requirements preclude amendment of the solicitation, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining “late bids” under FAR 14.304.

d. In the case of a(iii) above, when the bid opening is scheduled for a specific date and time but interruption of Government technology prevents bid opening and precludes and amendment, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the next business day. In such case, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining “late bids” under FAR 14.304.

00 21 00 - 07 BID BOND REQUIREMENTS

Each bidder shall submit with his electronic bid package, an electronic copy of the Bid Bond form using the “current version” of Standard Form 24 (SF24) with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the bid price or $3,000,000.00, whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies”. The bid bond penalty may be expressed in terms of a percentage of the bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS SPECIFIED, WITH BID

MAY RESULT IN REJECTION OF BID FOR NON-COMPLIANCE

*Standard Form 24 (Bid Bond) can be found on the GSA Forms website at https://www.gsa.gov/portal/forms/type/SF

In addition to the electronic copy of the Bid Bond, bidders are required to submit a hard copy version of the original bid bond and valid Power of Attorney to the address identified in Block 7 of the SF 1442. The hard copy Bid Bond must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy bid bonds will be validated for acceptability as soon as possible after receipt.

00 21 00 - 08 CERTIFIED OR CASHIER’S CHECKS, BANK DRAFTS, MONEY ORDERS OR CURRENCY

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a bond, the regular form of bond must be utilized and signed by the bidder. In the space provided for the insertion of the surety, a statement shall be made substantially as follows:

“In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, of Engineers, Department of the Army, (insert address).”

An electronic copy of any certified or cashier’s check, bank draft, money order, or currency must be included in the electronic bid package.

In addition to the electronic copy, any certified or cashier’s check, bank draft, money order, or currency must be submitted in hard copy original to the address identified in Block 7 of the SF 1442. The hard copy must be identical to the electronic version submitted with the electronic bid package. Any differences in the electronic version and the hard copy versions may result in rejection of bid. Hard copy documents will be validated for acceptability as soon as possible after receipt.

00 21 00 - 09 LOCATION AND DESCRIPTION OF WORK

Location: The work is located at Tionesta Lake in Tionesta, Forest County, Pennsylvania.

Description of Work: The work consists of replacement of gate operating machinery for 1 gate in the Control Tower. Awardable options will be for replacement of gate operating machinery for two additional gates and for replacement of the emergency gate operating machinery.

00 21 00 - 10 AWARD

Award will be made as a whole to one responsive/responsible bidder submitting the lowest priced bid.

00 21 00 - 11 ESTIMATED COST OF THE WORK

The estimated cost of the proposed work is between $1,000,000 and $5,000,000.

00 21 00 - 12 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS

This project was designed by the Pittsburgh District of the U. S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

00 21 00 - 13 ACCESS TO SITE

The site of the work may be reached from state highways and local roads and streets, as indicated on the drawings.

00 21 00 - 14 MINIMUM RATES

The wage rates specified in these specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay. The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

00 21 00 - 15 PRE-AWARD SURVEY

Prior to award of the contract, the apparent low bidder will be required to furnish the following information upon request of the Contracting Officer:

(a) Financial ability to perform the contract, including the availability of necessary working capital and credit.

Bidder shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

(b) Business and financial reputation and integrity. Bidder shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

(c) Give brief history of business experience, including length of time in present business.

(d) Furnish statement as to similarity between services being rendered and those required by the proposed contract.

(e) Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

(f) Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

(g) Furnish name and address of surety company which will furnish performance and payment bonds.

(h) Furnish names and address of proposes subcontractors.

(End of Addendum)

Section 00 45 00 - Representations and Certifications

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2020)

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

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

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

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

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

( X ) 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 & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

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

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

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

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

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

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

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

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

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

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

Principal means an…