Solicitation - W9128F22B0006 - Fort George Bank Stabilization.pdf

The Offeror hearby agrees to do all w ork described in the documents entitled:

Fort George Bank Stabilization Stanley County, South Dakota

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), AND SECTION 00 45 00.

THIS SOLICITATION IS RESTRICTED TO SMALL BUSINESS.

All bids must be submitted electronically. See Section 00 21 00 INSTRUCTIONS TO OFFERORS, "General Bidding Information" for instructions on submitting bids.

BID OPENING WILL BE ELECTRONIC

X

CLINTON E RUSSELL 402-995-2086

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

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

NEGOTIATED

14-Jul-2022

(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 ________173 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128F22B0006 67

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

W9128F22B0006

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

BID SCHEDULE

BIDDING SCHEDULE

ITEM

NO.

DESCRIPTION QUANTITY UNIT AMOUNT

BASIC ITEMS

0001 Entire work, complete to supply and install Class “C” Sioux Quartzite Riprap to the Fort George site as shown on the design cross section

Tons

0002 Entire work, complete to excavate and install random fill at the Fort George site as shown on the design cross section.

Cubic Yards

0003 Entire work, complete to supply and install geotextile to the Fort George site as shown on the design cross section

Lineal feet of shoreline

0004 Entire work, complete to excavate random fill from toe as needed for design cross-section at the Fort George site.

CY

All other work, including, but not limited to tree removal, site preparation, site restoration/seeding, mobilization and demobilization. This excludes all other Basic Items.

Job

TOTAL AMOUNT $

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9,600 Actual

Tons

Class "C' Sioux Quartzite Riprap Install

FFP

Entire work, complete to supply and install Class “C” Sioux Quartzite Riprap to the Fort George site as shown on the design cross section FOB: Destination

PSC CD: Z2PC

NET AMT

0002 6,163 Cubic

Yard

Random Fill Excavate and Install

Entire work, complete to excavate and install random fill at the Fort George site as shown on the design cross section.

0003 2,600 Linear

Foot

Geotexile Supply and Install

Entire work, complete to supply and install geotextile to the Fort George site as shown on the design cross section

0004 397 Cubic

Yard

Random Fill From Toe Excavation

Entire work, complete to excavate random fill from toe as needed for design cross-section at the Fort George site.

0005 1 Job Remaining Site Work

FFP

All other work, including, but not limited to tree removal, site preparation, site restoration/seeding, mobilization and demobilization. This excludes all other Basic Items.

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

1.1 GENERAL BIDDING INFORMATION

Bidders shall e-mail bids to the below individuals no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recent SF 30, as applicable:

Constance Ellard, Contracting Officer: Constance.R.Ellard@usace.army.mil Clinton Russell, Contract Specialist: Clinton.E.Russell@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F22B0006

b. Bid Due Date and Time: See Section SF1442 (00 10 00 page 1)

c. Bid Validity Date: 60 Days

Bids received after the date and time stated within Block 13 of the SF 1442 or Block 14 of the most recent SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must ensure the e-mail submission is virus-free. The government will follow FAR 14.406 if an e-mail bid is unreadable. Part 15 is not applicable to this acquisition.

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

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

Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e. bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 13A of the SF 1442 ('…in original and copies…"). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission. Mailing a bid guarantee is not allowed.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

Bidders must include the below information with the bid:

a. Standard Form (SF) 1442 with Blocks 14 through 20c completed and a person’s signature authorized to sign. Bidders must include their CAGE Code in Block 14, under “CODE.”

b. Bid Schedule (SECTION 00 10 00).

c. Bid Bond (SF-24); and

d. Bidder must complete provisions from SECTION 00 45 00 – Representations and Certifications, as applicable and listed below.

i. Bidders must complete and include the certification at FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

ii. Bidders must complete and include the representation at FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment ONLY based on its online representation in the provision at 52.204-26 Covered Telecommunications Equipment or Services-Representation in SAM.

iii. Bidders must include the representation at 252.204-7017 Prohibition on the Acquisitions of Covered Defense Telecommunications Equipment or Services-Representation ONLY based on its online representation in the provision at 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation in SAM.

1.1.2

1.1.3

1.1.4

BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by conference call at 3:00 pm CST when the bids are due. The government scheduled the bid opening an hour after the due time to allow enough time to download all e-mail documents. The USACE Omaha District will not accept any hard copy documentation submitted in response to this invitation for bids.

Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer (Constance.R.Ellard@usace.army.mil) and Contract Specialist (Clinton.E.Russell@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference "W9128F22B0006, Fort George Bank Stabilization" in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

INFORMATION FOR MODIFYING BIDS

If a bidder needs to modify its bid, the bidder shall send the revised offer by e-mail before the date submitted within Block 13 of the SF 1442 or Block 14 of the most recently issued SF 30 applicable.

ARITHMETIC DISCREPANCIES

Any clerical mistake, including arithmetic discrepancies in a bid, will be handled according to FAR 14.407-

2. Any clerical error, apparent on its face in the offer, may be corrected by the contracting officer before award, but only after first obtaining bidder verification of the bid intended. The following are examples of mistakes that may be fixed:

(1) Obviously misplaced decimal points;

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

(3) Apparent errors in extension of unit prices;

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

1.1.5 BASIS FOR AWARD

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

1.1.6 DESCRIPTION OF WORK

This project is for the implementation of bank stabilization measures in Stanley County SD adjacent to Lake Sharpe/Big Bend Dam Project.

The work will consist of bank and slope protection of approximately 2,600 linear feet of Lake Sharpe on the site herein referred to as “Fort George” in Stanley County South Dakota. The work will consist of cutting, regrading, and compacting the existing bank to provide the proper slope for the placement geotextile fabric and rip rap stone. The contractor will be limited to the designated areas for operations.

The work is located on Lake Sharpe approximately 20 miles southeast of Pierre, SD. The exact location of the work will be provided by the Contracting Officer's Representative.

1.1.7 ESTIMATED CONSTRUCTION COST

The estimated magnitude of construction is between $500,000 and $1,000,000.

1.1.8 BID GUARANTEE

See 52.228-1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney-in-fact with authority to bind the surety. At the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation.

A power of attorney must include a certification as to the authority of the surety’s agents supported by a resolution of the surety authorizing their use and committing it bound by them. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-24 is not required. Mailing a bid guarantee is not allowed.

1.1.9 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions). The performance bond must be on SF-25, and the payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-25 or SF-25A is not required.

1.1.10 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. The government will post all solicitation documents to https://www.sam.gov/. The bidder is responsible for checking the website for amendments.

To view a list of interested vendors and receive notifications or e-mail of changes regarding the solicitation, bidders must register as vendors on the website listed above. If a bidder is already registered, enter the user name and password to log in and search for the solicitation number. If you wish for general contractors, subcontractors, suppliers, plan rooms, or print shops to have the ability to contact you, click on the “Add Me to Interested Vendors” for this solicitation.

1.1.11 REJECTION OF BIDS

The government will handle the rejection of bids per FAR 14.404. The government may reject an offer if the prices for line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques. See also 52.214- 19 Contract Award-Sealed Bidding-Construction in Section 00 72 00 (General Conditions) for additional information.

1.1.12 NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statute shall be permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements, if included in the solicitation. A bid offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. When a bidder proposes to furnish nondomestic construction material, his bid must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid, unless allowed under Trade Agreements, if included in the solicitation.

All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-9 Buy American Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American statute. It is the Contractor's responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications and Buy American statute requirements of the solicitation.

1.1.13 FEDERAL, STATE AND LOCAL TAXES

The bidder is responsible for investigating applicable federal, state, and local taxes and any specific exemptions that may exist and includes applicable Value-Added Taxes (VAT), sales, use, and excise taxes.

See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions).

1.1.14 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt, and the bidder must include tax in the bid.

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

1.1.15 MISSOURI SALES AND USE TAX

Materials installed under this contract are not exempt, and the bidder must include tax in the bid. Contact the Missouri Department of Revenue.

1.1.16 IOWA SALES AND USE TAX

The contractor is responsible for payment of Iowa Sales and Use taxes for all materials used under this contract. Section 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS, provision "IOWA SALES AND USE TAX," requires the Contractor to furnish to the Contracting Officer the statement required by Section 422.45 (7a), Iowa Code annotated, and to include in subcontracts and purchase orders a clause insuring submission of the statement by first tier subcontractors and suppliers and their subcontractors and suppliers. Telephone: (515) 281-3114 (Department of Revenue).

a. In the event goods, wares or merchandise on which the Contractor has paid Iowa sales or use tax become an integral part of the project, the Contractor shall obtain appropriate forms from the Iowa State Tax Commission for recording the amount of purchases of such goods, wares, or merchandise, and shall complete, execute, and deliver them to the Contracting Officer prior to final settlement of the contract. The Contractor shall provide and report all data and information which may be necessary or required to enable the Contracting Officer to obtain all refunds from the Iowa Tax Commission to which the Federal Government may be entitled.

b. The contractor shall insert a clause containing the substance of the foregoing paragraph a. in every first tier subcontractor or vendor to include such a clause in any subcontract or purchase order which he places. The Contractor shall obtain completed forms from his subcontractor and suppliers for submission to the Contracting Officer before final settlement of the contract.

1.1.17 TAXES – STATE OF SOUTH DAKOTA

1.1.17.1 EXCISE TAX

There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts. Contact the South Dakota Department of Revenue.

1.1.17.2 USE TAX

Government furnished construction material used by the Contractor in the performance of the work is subject to use tax. The value of the material furnished is set forth in the SECTION 01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS provision “Government Furnished Property.”

1.1.17.3 INFORMATION

The “excise” and “use” taxes shall be included in the price or prices bid. For information concerning the taxes contact: http://dor.sd.gov/

1.1.18 BIDDER’S QUESTIONS AND COMMENTS

Bidders must submit questions and comments relative to the bidding documents via Bidder Inquiry as indicated below.

Bidders may submit questions and comments relative to any proprietary concerns or bidding documents, or if the Bidder Inquiry system is out of service, to the individuals below:

Contract Specialist – Primary: Clint Russell Clinton.E.Russell@usace.army.mil

Secondary: Madi Hlebichuk Madison.R.Hlebichuk@usace.army.mil

Contracting Officer – Constance Ellard Constance.R.Ellard@usace.army.mil

1.1.18.1 BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, ten calendar days before bid opening, to allow the government time to respond before receipt of bids or issue an amendment.

Technical inquiries and questions relating to technical requirements, bidding procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than four

(4) calendar days before bid opening, in order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

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

Bidders must use the Bidder Inquiry Key and instructions below to submit and review inquiry items. A bidder who enters a comment/question will receive an acknowledgment of their comment /question by e-mail, followed by an answer to the comment/question after the government has processed it.

The government will make available all timely questions and approved answers in ProjNet.

The Solicitation Number is: W9128F22B0006

The Bidder Inquiry Key is: BYPE5R-Y6JXAW

a. Registration for ProjNet Bidder Inquiry Access

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

2. Select USACE for the Agency.

3. Enter the Bidder Inquiry Key above.

4. Enter the primary e-mail address to use for communication for.

5. Check the “I agree to the Privacy & Security Notice” box and click Continue. A page will open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, E-mail, Secret Question, Secret Answer, and Time Zone. Bidders will use the answer to the Secret Question from this point on to access the ProjNet system.

7. Click Add User. Once completed, ProjNet registration is complete, and the bidder is logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, bidders will not receive a password by e-mail. Bidders will utilize the Secret Question and Secret Answer to log in.

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

3. Select USACE for the Agency.

4. Enter the Bidder Inquiry Key above.

5. Enter the primary e-mail address used to register.

6. Check the “I agree to the Privacy & Security Notice” box and click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once complete, the bidder is logged into the system.

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

c. The Bidder Inquiry System will be unavailable for new inquires starting four (4) calendar days before bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Bidders are requested to review the plans and specifications in their entirety and review the Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

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

f. Bids will be publicly opened electronically. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids. The bid abstract will be posted to https://www.sam.gov.

1.1.19 AVAILABILITY OF BID RESULTS

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

SCOPE OF WORK

Section 01 11 00 Summary of Work

Fort George Bank Stabilization 2022 Lower Brule, SD February 2022

1.0 Scope of Work.

Work consists of stabilizing a vertical cut bank along the Missouri River near Fort George Creek.

At the Fort George site, as designated on the drawings, work consists of repairing and armoring a 2600 ft stretch of vertical cut bank to restore it to a 2:1 protected slope. Construction activities include excavation of random fill from the designated borrow site, excavation of a toe per the designed cross section, installation of random fill, earthwork shaping of the bank to meet the design cross section, supply and installation of geotextile, and supply and installation of quarried Sioux Quartzite Class “C” Riprap.

Other work includes but is not limited to hauling and stockpile of construction materials, site preparation, and site restoration.

Construction of the slope and placement of riprap must occur from the shoreline. No heavy machinery will be permitted on the top of bank. Access points are designated in the drawings. No material shall be dropped, placed, or pushed from the top of the bank.

All work and transport of materials associated with this project must comply with all federal, state, and local regulations.

Work must be completed on frozen ground and during the winter draw down. The goal for the Contractor shall be to (a) commence work under this contract on 9 September 2022 after receiving the notice to proceed, (b) prosecute the work diligently within 173 construction days, and (c) complete the entire work ready for use no later than 1 March 2023.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

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

MAY 2014

52.232-14 Notice Of Availability Of Progress Payments Exclusively For Small Business Concerns

APR 1984

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7008 Only One Offer JUL 2019

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)

52.233-2 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: Constance Ellard 1616 Capitol Ave Omaha, NE 68102-4901

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

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

(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:

Corps of Engineers Project Office Big Bend Project 33573 North Shore Road Fort Thompson, SD 57325

21 July 2022 at 11:00 Central Stand Time - Meet at Fort George site (see map and coordinates)

POC

Colby Brakke Colby.t.brakke@usace.army.mil (605) 245-1825 and/or Phillip Schroeder Phillip.P.Schroeder@usace.army.mil 605-245-1827

RSVP

Please contact POC 2 days before site visit.

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

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

The full text of FAR provisions can be found at:

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

The full text of DFARS provisions can be found at:

https://www.acq.osd.mil/DPAP/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (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 Defense Acquisition Regulations System, Department of Defense (48 CFR

(c) Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.204-8 Annual Representations and Certifications MAY 2022 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.223-4 Recovered Material Certification MAY 2008 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

SEP 2021

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

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

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 or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax…