SOLICITATION W912BU24B0009-Specs.pdf

IFB W912BU24B0009

US Army Corps of Engineers

Philadelphia District

Beach Nourishment

Barnegat Inlet to Little Egg Inlet

Long Beach Island

Ocean County, New Jersey

Construction Solicitation and Specifications

28 March 2024

This page was intentionally left blank for duplex printing.

28 MARCH 2024

INVITATION NO. W912BU24B0009

PHILADELPHIA DISTRICT

CORPS OF ENGINEERS

INVITATION FOR BIDS

FOR

BEACH NOURISHMENT

BARNEGAT INLET TO LITTLE EGG INLET

LONG BEACH ISLAND

OCEAN COUNTY, NEW JERSEY

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

WHICH MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

II. BIDDERS ARE REQUIRED TO COMPLETE THE REPRESENTATION AND CERTIFICATIONS

PORTION OF SECTION 00 45 00 OF THIS SOLICITATION AND SUBMIT THIS WITH THEIR

BID.

III. THERE WILL NOT BE A GOVERNMENT CONDUCTED SITE VISIT FOR THIS PROJECT.

THE PROSPECTIVE BIDDERS ARE ENCOURAGED TO VISIT THE SITE OF THE WORK AT THEIR

CONVENIENCE IN ORDER TO ACQUAINT THEMSELVES WITH THE SITE CONDITIONS AND ANY

PROBLEMS INCIDENT TO THE PROSECUTION OF THE WORK.

a. Specif ications: W912BU24B0009 dated March 2024

b. Draw ings: W912BU24B0009 dated March 2024

PROJECT DESCRIPTION: Beachfill, Long Beach Island, Ocean County, New Jersey

NAICS: 237990, Other Heavy and Civil Engineering Construction - Dredging and Surface Cleanup Activities Subset

MAGNITUDE OF CONSTRUCTION: Betw een $100,000,000 and $250,000,000 (Base and All Options)

INVITATION FOR BIDS W912BU24B0009

TYPE OF CONTRACT: This procurement is being conducted on a full and open basis, IAW FAR part 14, Sealed Bidding via an Invitation For Bids (IFB), and w ill result in aw ard of a f irm-fixed-price contract.

A PROJECT LABOR AGREEMENT MUST BE SUBMITTED BY THE APPARENT SUCCESSFUL OFFEROR AFTER BID OPENING AND PRIOR TO CONTRACT AWARD! This project is subject to the Project Labor Agreement (PLA) requirements of Executive Order 14063. See FAR provision 52.222-33, Alt 1, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract.

X

CHELEY AUGUSTE 215-656-6771

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

28-Mar-2024

(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 ________270 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 ______________01 May 2024 (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 offers 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 _______90 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 AND ENGINEERS - PHILA

1650 ARCH STREET

PHILADELPHIA PA 19103

W912BU

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 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: (215) 656-6469 TEL: FAX:

W912BU24B0009 80

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

W912BU24B0009

Section 00 10 00 - Solicitation

INFORMATIONAL TEXT

IMPORTANT NOTES REGARDING THIS ACQUISITION

Potential Bidders are reminded of the documents required for bid submission:

1. Signed 1442.

2. Signed and acknowledged solicitation amendments, or amendment acknowledgement provided on SF 1442.

3. Filled out bid schedule and totals.

4. Bid Guarantee.

5. Complete and submit applicable Representations and Certifications.

REQUEST FOR INFORMATION (RFI)

Request for Information (RFI): Prospective Bidders may submit RFI inquiries relating to the solicitation by email to the following: Cheley Auguste, Contract Specialist: email: cheley.auguste@usace.army.mil AND Brooke Patterson, Contracting Officer, brooke.l.patterson@usace.army.mil. RFIs shall be submitted by 4:00 PM EDT, 17 April 2024.

Interested bidders should submit any technical questions concerning this IFB at the earliest time possible to enable the Contracting Officer to respond. When submitting your RFI, please provide the project name, location, and solicitation number.

MAGNITUDE OF CONSTRUCTION PROJECT

The magnitude of construction of the proposed work (base and all options) is between $100,000,000 and $250,000,000.

EVIDENCE OF AUTHORITY TO SIGN BIDS

Evidence of the authority of individuals signing bids to submit firm bids/proposals on behalf of the bidder is required except where the bid is signed, and shows that it is so signed by: The President, Vice-President, or Secretary of Incorporated bidders; a partner in case of partnership; the owner in the case of sole proprietorships.

Failure to submit with the bid satisfactory evidence of authority of all other persons may be cause for rejection of bid as an invalid or non-responsive bid.

ARITHMETIC DISCREPANCIES

a. For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidder:

1) Obviously misplaced decimal points will be corrected.

2) If there is a discrepancy between unit price and extended price, the unit price will govern.

3) Apparent errors in extension of unit prices will be corrected.

4) Apparent errors in addition of lump-sum and extended prices will be corrected.

b. For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends its bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above, and the bid will be so reflected on the abstract of bids.

c. These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

DELIVERY OF BIDS

Bids shall be delivered in person or by mail to the:

Mailroom:

mailto:cheley.auguste@usace.army.mil mailto:brooke.l.patterson@usace.army.mil

US Army Corps of Engineers Philadelphia District Attn: Cheley Auguste / CENAP-CT 1650 Arch Street, 4th Floor - Mailroom Philadelphia, PA 19103-2004

Bid Room:

The bid room is located at:

US Army Corps of Engineers Philadelphia District 1650 Arch Street, 4th Floor – Room 434 Philadelphia, PA 19103-2004

Please e-mail cheley.auguste@usace.army.mil and brooke.l.patterson@usace.army.mil if you intend to attend and the name of your representative. Bids can be delivered in person or by mail. All bids need to be received before or by the due date stated in Block 13 of the SF1442. We will also have a conference line available for the bid opening.

If you would like to attend by conference line only, a call in number will be provided ONLY upon request.

CONTRACTING OFFICER STATEMENT

Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

SUMMARY SCOPE OF WORK

SUMMARY OF WORK

Periodic Nourishment - Barnegat Inlet to Little Egg Inlet, Long Beach Island, Ocean County, New Jersey

Contract work consists of a base bid to place cubic yards of beachfill to repair the dune and berm system along the Atlantic Ocean coastline of Long Beach Island, Ocean County, New Jersey. The project area encompasses the municipalities of Long Beach Township, Borough of Harvey Cedars, Borough of Surf City, Borough of Ship Bottom, and Borough of Beach Haven. The contract work also consists of separate options to place additional amounts of beachfill per option, if awarded.

The project work for the Base Bid and Options, if awarded, may include, in addition to beachfill:

the construction or repair of pedestrian, vehicle, and ADA compatible dune crossovers; planting dune grass; providing sand fencing; and the relocation or removal of various existing structures to accommodate the beachfill, dunes and other project features. The beachfill material for this contract must come from the authorized borrow areas located approximately 2-3 miles offshore of Long Beach Island in the Atlantic Ocean, and/or the Little Egg Inlet as designated on the contract drawings. The period of performance is 270 calendar days.

IMPORTANT: A PROJECT LABOR AGREEMENT MUST BE SUBMITTED BY THE

APPARENT SUCCESSFUL OFFEROR AFTER BID OPENING AND PRIOR TO

CONTRACT AWARD! This project is subject to the Project Labor Agreement (PLA) requirements of Executive Order 14063. See FAR provision 52.222-33, Alt 1, Notice of Requirement for Project Labor Agreement, and clause 52.222-34, Project Labor Agreement, for definitions and requirements pertaining to the use of a PLA for this contract.

00010-3

BIDDING SCHEDULE

(To be attached to SF 1442)

Item Estimated Unit Estimated

No. Description Quantity Unit Price Amount

BASE BID:

1. Mobilization and

Demobilization 1 JOB LS $____________

2. Name the State of New Jersey, Long Beach Township, Harvey

Cedars Borough, Beach Haven

Borough, Surf City Borough, and Ship Bottom Borough as additional insured under

General Liability Insurance. 1 JOB LS $____________

LOVELADIES BEACH AND HARVEY CEDARS (Sta. 120+00 to 310+00)

3. Beachfill 1,100,000 CY $______ $____________

4. Pedestrian

Dune Crossover 1,035 SF $______ $____________

5. Vehicular

Dune Crossover 6,910 SF $______ $____________

6. ADA Accessible

Dune Crossover 3,340 SF $______ $____________

7. Graded Sand Pedestrian

Dune Crossover 10,890 SF $______ $____________

8. Dune Crossover

Stabilization Mat 7,250 SF $______ $____________

9. Post and Rail Fence 655 LF $______ $____________

10. Split Rail Fence 415 LF $______ $____________

11. Dowel Rail Fence 2,745 LF $______ $____________

12. Sand Fence 10,070 LF $______ $____________

13. Dune Grass 18” O.C. 43,260 SY $______ $____________

14. Structures Monitoring 1 JOB LS $____________

15. MEC Modifications and Monitoring 1 JOB LS $____________

00010-4

NORTH BEACH HAVEN, BEACH HAVEN, AND HOLGATE (Sta. 770+00 to 967+00)

16. Beachfill 650,000 CY $______ $____________

17. Pedestrian

Dune Crossover 23,510 SF $______ $____________

18. Vehicular

Dune Crossover 8,570 SF $______ $____________

19. ADA Accessible

Dune Crossover 1,000 SF $______ $____________

20. Post and Rail Fence 210 LF $______ $____________

21. Split Rail Fence 3,305 LF $______ $____________

22. Sand Fence 9,270 LF $______ $____________

23. Dune Grass 18” O.C. 53,870 SY $______ $____________

24. Dune Grass 24” O.C. 6,250 SY $______ $____________

25. Dune Grass Seeding 4,000 SY $______ $____________

26. Demo and Remove

Post and Rail Fence 60 LF $______ $____________

27. Demo and Remove

Wood Decking 210 SF $______ $____________

28. Demo and Remove

Sand Fence 300 LF $______ $____________

29. Structures Monitoring 1 JOB LS $____________

30. MEC Modifications and Monitoring 1 JOB LS $____________

TOTAL BASE BID AMOUNT $_________________

OPTIONS:

OPTION 1 - BRANT BEACH OPTION (Sta. 520+00 to 570+00)

31. Beachfill 130,000 CY $______ $____________

32. Vehicular

Dune Crossover 1,420 SF $______ $____________

00010-5

33. ADA Accessible

Dune Crossover 880 SF $______ $____________

34. Post and Rail Fence 180 LF $______ $____________

35. Split Rail Fence 240 LF $______ $____________

36. Sand Fence 305 LF $______ $____________

37. Dune Grass 18” O.C. 860 SY $______ $____________

TOTAL OPTION 1 AMOUNT $________________

LOVELADIES BEACH AND HARVEY CEDARS OPTIONS (Sta. 120+00 to 310+00)

38. OPTION 2 – Beachfill 500,000 CY $______ $____________

39. OPTION 3 - Beachfill 250,000 CY $______ $____________

40. OPTION 4 - Beachfill 100,000 CY $______ $____________

BRANT BEACH OPTIONS (Sta. 520+00 to 570+00)

41. OPTION 5 - Beachfill 120,000 CY $______ $____________

42. OPTION 6 – Beachfill 60,000 CY $______ $____________

43. OPTION 7 - Beachfill 24,000 CY $______ $____________

NORTH BEACH HAVEN, BEACH HAVEN, AND HOLGATE OPTIONS (Sta. 770+00 to 967+00)

44. OPTION 8 - Beachfill 340,000 CY $______ $____________

45. OPTION 9 - Beachfill 170,000 CY $______ $____________

46. OPTION 10 - Beachfill 68,000 CY $______ $____________

NORTH BEACH, LONG BEACH TOWNSHIP OPTIONS (Sta. 310+00 to 373+00)

47. OPTION 11 - Beachfill 157,500 CY $______ $____________

48. OPTION 12 - Beachfill 50,000 CY $______ $____________

49. OPTION 13 - Beachfill 25,000 CY $______ $____________

00010-6

SURF CITY OPTIONS (Sta. 373+00 to 447+50)

50. OPTION 14 - Beachfill 186,500 CY $______ $____________

51. OPTION 15 - Beachfill 50,000 CY $______ $____________

52. OPTION 16 - Beachfill 25,000 CY $______ $____________

SHIP BOTTOM OPTIONS (Sta. 447+50 to 520+00)

53. OPTION 17 - Beachfill 181,250 CY $______ $____________

54. OPTION 18 - Beachfill 50,000 CY $______ $____________

55. OPTION 19 - Beachfill 25,000 CY $______ $____________

LONG BEACH TOWNSHIP OPTIONS (Sta. 570+00 to 675+00)

56. OPTION 20 - Beachfill 262,500 CY $______ $____________

57. OPTION 21 - Beachfill 50,000 CY $______ $____________

58. OPTION 22 - Beachfill 25,000 CY $______ $____________

LONG BEACH TOWNSHIP OPTIONS (Sta. 675+00 to 770+00)

59. OPTION 23 - Beachfill 262,500 CY $______ $____________

60. OPTION 24 - Beachfill 50,000 CY $______ $____________

61. OPTION 25 - Beachfill 25,000 CY $______ $____________

LOVELADIES BEACH AND HARVEY CEDARS OPTIONS (Sta. 120+00 to 310+00)

62. OPTION 26 - Private

Pedestrian Dune Crossover 2,300 SF $______ $____________

63. OPTION 27 - Dowel

Rail Fence 580 LF $______ $____________

TOTAL BASE BID AND OPTIONS AMOUNT $_________________

NOTES:

1. Bidders must bid on all items.

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (JAN 2024) ALTERNATE I

(JAN 2024)

(a) Definitions. As used in this provision, the following terms are defined in clause 52.222-34, Project Labor Agreement, of this solicitation “construction,” “labor organization,” “large-scale construction project,” and “project labor agreement.”

(b) The apparent successful offeror shall--

(1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and

(2) Require its subcontractors to become a party to the resulting project labor agreement.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall--

(1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.

(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:

Brooke L. Peterson, Contracting Officer, brooke.l.patterson@usace.army.mil U.S. Army Corps of Engineers - Philadelphia District Attn: Contracting Office, 4th Floor - Mailroom 1650 Arch Street Philadelphia, PA 19103

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

52.252-1 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):

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

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 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.

(End of provision) mailto:brooke.l.patterson@usace.army.mil https://www.acquisition.gov/browse/index/far

Section 00 21 13 - Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

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 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

Section 00 43 00 - Bid Bond Form

52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds DEC 2022 52.228-14 Irrevocable Letter of Credit NOV 2014 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021

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 $3,000,000, 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.

Section 00 45 00 - Representations and Certifications

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification

NOV 2021

52.219-1 Small Business Program Representations SEP 2023 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 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

252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid - Representation (DEVIATION 2022-O0010)

SEP 2022

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 - Other Heavy and Civil Engineering Construction, Dredging and Surface Cleanup Activities Subset.

(2) The small business size standard is $37 Million.

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

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

https://www.sam.gov/

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.

SECTION 00 50 05

PRE-AWARD SURVEY SUBMITTAL REQUIREMENTS

PART 1 GENERAL

1.1 AWARD CRITERIA

Award of this Contract will be made as a whole to the lowest responsive and responsible Bidder whose bid conforms to all requirements of the specifications. Subsequent to the bid opening, the apparent low Bidder shall submit Pre-Award Survey Information that demonstrates compliance with the requirements set forth in this section as a precondition to receiving award.

1.2 GENERAL PRE-AWARD SURVEY INFORMATION

Complete the pre-award survey information sheets attached to this section, and submit to the Contracting Officer within 5 calendar days after bid opening.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

DOCUMENT 00 50 05 Page 1

US ARMY CORPS OF ENGINEERS

PHILADELPHIA DISTRICT

PRE-AWARD SURVEY

A. GENERAL INFORMATION

1) Name of Firm: ___________________________________________________________________

Address: __________________________________________________________________________

Phone: _____________________________________ Fax:__________________________________

Email: ____________________________________________________________________________

CAGE CODE:

If your company has more than one CAGE Code, please list all that apply.

2) Location where accounts are kept (if different than item 1 above): ____________________________

3) Type of Firm (Please check one):

Sole Proprietorship [ ] Partnership [ ] Corporation [ ] Joint Venture [ ] Other

Date Organized: ____________________________________

Date Incorporated: __________________________________

State of Incorporation: _______________________________

4) Attach list of Name of Officers.

Please check "Yes" or "No" for each of the following:

Have current officers of your firm ever been indicted? Yes [ ] No [ ]

Are any of your officers currently under indictment? Yes [ ] No [ ]

If you have answered "Yes" to either of the above, please attach an explanation.

5) Has your firm been terminated for default on any contracts in the past six years? Yes [ ] No [ ] (If yes, please attach an explanation)

00 50 05 Page 2

B. PROPOSED SCHEDULE

Submit a preliminary schedule depicting your project plan from start to final completion. The schedule you submit will be used to determine your ability to successfully perform the project within the time frame stated in the specifications.

IAW FAR 52.236-15, Schedules for Construction Contracts, you will be required to submit a fully loaded schedule within five days after work commences on the awarded contract.

C. PERFORMANCE AND PAYMENT BOND INFORMATION

1) Performance & Payment Bonds will be furnished by:

Name of Company: _______________________________________________________________

Phone No: _____________________________________________________________________

2) Firm's bonding capacity as authorized by your Insurance Company:

Single Project: ___________________________________________________________________

Aggregate Basis: _________________________________________________________________

D. BANKING INFORMATION

Name of Bank: ___________________________________________________________________

Address: ________________________________________________________________________

Account Representative: ____________________________________________________________

Phone No: ________________________________ E-mail: _______________________________

Authorized Credit Line: ________________________________________________

If additional banks are utilized, please provide this information for each.

E. INSURANCE INFORMATION

Name of Insurance Company: ______________________________________________________

Type of Insurance Provided: _______________________________________________________

Insurance Agency: _______________________________________________________________

Address: _______________________________________________________________________

Agent: _________________________________________________________________________

Phone No: ______________________________ Email: _________________________________

If more than one insurance company is utilized, please provide this formation for each.

00 50 05 Page 3

F. FINANCIAL DATA

Please provide the last two certified public accountant's financial statements.

G. SAFETYDATA

Please check "Yes" or "No" for each of the following:

1. Does your firm have a Standard Operating Procedure for Safety?

Yes [ ] No [ ] If yes, please provide a copy.

Does your firm have a Policy Letter dealing with Safety?

Yes [ ] No [ ] If yes, please provide a copy.

2. What was your accident rate for last year? _____________________

3. What is your accident rate to date for this year? ____________________

H. QUALITY CONTROL DATA

Please check "Yes" or "No" for each of the following:

1. Does your firm have a Standard Operating Procedure for Quality Control?

Yes [ ] No [ ] If yes, please provide a copy.

2. Does your firm have a Policy Letter dealing with Quality Control?

Yes [ ] No [ ] If yes, please provide a copy.

I. EQUIPMENT DATA

Please provide the following data for each piece of construction equipment (including equipment you will rent or lease), intended to be used on the project. Do not include consumables.

Make Year Mfg.

Description Purchase Price (if equipment is owned) Size Book Value (if equipment is owned) Model Number Unpaid Balance (if equipment is owned)

J. EXPERIENCE DATA

1. Please provide the following data for all major projects in progress or completed with the past three years.

Also, provide the same data for Corps of Engineer projects completed within the last five years. Those projects containing work similar in nature to that involved under this solicitation are to marked with an asterisk (*).

Name and Address of Owner Point of Contact and Telephone Number Project Location Type of Work performed by your firm Indicate whether you performed as a prime or subcontractor Name of Architect/Engineer in charge for Owner Address of Architect/Engineer Contract or Subcontract Amount Approximate date completed or, if not completed provide percent complete

00 50 05 Page 4

Were time extensions necessary? Were penalties imposed? Were liens, claims or stop work orders filed?

2. How many years have you been in business as a contractor? ________________________________

3. How many years experience in the type of work involved in the subject solicitation do you have

a) as prime contractor? ___________________________________

b) as a subcontractor? ___________________________________

K. KEY PROJECT PERSONNEL

Please provide resumes for each of the following key personnel to be assigned to this project:

Project Engineer, Superintendent, Quality Control Manager/Technician, Safety Technician, Office Engineer

(Signature of Person Supplying Data)

(Print or Type Name and Title of Person Supplying Data)

(Phone No.)

(Email Address)

00 50 05 Page 5

Section 00 72 00 - General Conditions

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

S…