Solicitation_W912EE21B0005.pdf

SOLICITATION NO. W912EE21B0005

DATE: 02 JUNE 2021

SPECIFICATIONS

FOR

MISSISSIPPI RIVER, MILE 616-326 AHP,

STONE BANK PAVING, FY 21,

FLOOD CONTROL, MISSISSIPPI RIVER & TRIBUTARIES,

CHANNEL IMPROVEMENT PROGRAM

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

THIS PROCUREMENT IS 100%

TOTAL SMALL BUSINESS SET-ASIDE

♦ Building Strong® ♦ Serving the Army ♦ Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-EC-TC

INQUIRIES

REGARDING THIS SOLICITATION SHOULD BE MADE TO THE

FOLLOWING:

http://www.projnet.org/projnet

PLANS AND SPECIFICATIONS WILL BE AVAILABLE ON THE

BETA SYSTEM FOR AWARD MANAGEMENT WEB PAGE AT:

http://www.beta.sam.gov/ http://www.projnet.org/projnet

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SOLICITATION, OFFER, AND AWARD (SF1442)

00010 BIDDING SCHEDULE

00100 INSTRUCTIONS TO BIDDERS

00600 REPRESENTATIONS AND CETIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS (WAGE RATES)

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 22 10.00 09 GRADING, EXCAVATION, AND SLOPE DRESSING

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

35 21 20.00 09 STONE BANK PAVING

35 21 21.00 09 MATERIALS

-- End of Project Table of Contents --

W912EE21B0005

W807PM10924992

MS RIVER, MILE 616–326 AHP

STONE BANK PAVING, FY 21

FC/MR&T, CHANNEL IMPROVEMENT PROGRAM

INDEFINITE DELIVERY/ INDEFINITE QUANTITY (ID/IQ)

Description of Work: The work consists of furnishing all plant, labor, materials and equipment, and constructing stone bank paving at various locations on the banks of the Mississippi River between Miles 616 and 326 A.H.P.

Principal features of the work include mobilization and demobilization, grading, excavation, slope dressing, stone bank paving, upstream and downstream tow ng, and environmental protection.

The estimated value of the proposed work is a between $5,000,000 and a maximum of $10,000,000.

X

FRETESHIA L JOHNSON 601-631-5219

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

02-Jun-2021

(RFP)

(IFB)

CALL:

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

SEE SPECIAL NOTICES TO BIDDERS

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)

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 __________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 _______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

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE OF PAGES

CODE

(Title, identifying no., date):

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it within ______________________________calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (S 00 80 00.00 09ee _________________________ .)

12B. CALENDAR DAYS

02:00 PM (hour)

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

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

601-631-7261FAX:TEL: 601-631- TEL: FAX:

W912EE21B0005 4 OF 116

(See Section 00 80 00.00 09, para. 1.2.1)

08 Jul 2021

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

W912EE21B0005

SEE SCHEDULE

W912EE

VICKSBURG CONTRACTING OFFICE

4155 CLAY STREET

VICKSBURG, MS 39183-3435

964145

US ARMY CORPS OF ENGINEERS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Section 00010 - Bidding Schedule

MS RIVER, MILE 616–326 AHP

STONE BANK PAVING, FY 21

FC/MR&T, CHANNEL IMPROVEMENT PROGRAM

INDEFINITE DELIVERY/ INDEFINITE QUANTITY (ID/IQ)

BIDDING SCHEDULE

EST

ITEM DESCRIPTION QTY U/M UNIT PRICE AMOUNT

0001 MOBILIZATION AND DEMOBILIZATION 1 JOB For $____________

0002 STONE BANK PAVING, STONE 125 LB

MAX, UPPER BANK (MILE 616-494) 33,300 TN $__________ $____________

0003 STONE BANK PAVING, STONE 125 LB

MAX, UPPER BANK (MILE 494-326) 33,300 TN $__________ $____________

0004 STONE BANK PAVING, “C” STONE MAX,

UPPER BANK (MILE 616-494) 5,000 TN $__________ $____________

0005 STONE BANK PAVING, “C” STONE MAX,

UPPER BANK (MILE 494-326) 5,000 TN $___________ $____________

0006 UPSTREAM TOWING 100 MI $___________ $____________

0007 DOWNSTREAM TOWING 100 MI $___________ $____________

Total $____________

Offers shall complete the following table. The followings rates will be binding for the term of the contract, as a maximum or ceiling rate, that may be proposed in any task order under this contract. These charges may be negotiated downward, with award of individual task orders, but may never exceed the maximum.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 7,000,000.00 Stone Bank Paving IDIQ

FFP

MS River Mile 616-326 AHP, Stone Bank Paving, FY-21, FC/MR&T, Channel Improvement Program, Indefinite Delivery/Indefinite Quantity (ID/IQ)

FFP

This Single Award Task Order Contract (SATOC) has a combined not-to-exceed capacity amount of $7 Million. The contract duration will be from the date of award through 31-March-2023.

Features of the work under this contract includes furnishing all plant, labor, materials and equipment, and constructing stone bank paving at various locations on the banks of the Mississippi River between Miles 616 and 326 A.H.P.

Principal features of the work include mobilization and demobilization, grading, excavation, slope dressing, stone bank paving, upstream and downstream towing, and environmental protection.

There is a $1,000,000.00 minimum guarantee for this contract.

Applicable wage rates will be provided for each task order issued under this contract.

Task Orders issued under this contract will be funded independently.

FOB: Destination

PURCHASE REQUEST NUMBER: W807PM10924992

PSC CD: Y1PZ

CONTRACT CAPACITY 7,000,000.00

Section 00100 - Instructions to Bidders

NOTES

MISSISSIPPI RIVER, MILE 616-326 AHP, STONE BANK PAVING, FY 21, FC/MR&T, CHANNEL

IMPROVEMENT PROGRAM, INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

(A) THIS PROCUREMENT IS 100% SMALL BUSINESS SET ASIDE.

(B) THE RESULTING IDIQ CONTRACT WILL HAVE A NOT TO EXCEED (NTE), MAXIMUM CAPACITY

OF $7 MILLION. THERE IS A MINIMUM GUARANTEE IN THE AMOUNT OF $1 MILLION. ONE OR

MORE TASK ORDERS MAY BE ISSUED FROM THE CONTRACT. ANY INDIVIDUAL TASK ORDER

VALUE MAY VARY AND COULD RANGE FROM $1 MILLION UP TO THE MAXIMUM CAPACITY OF $7

MILLION. REFERENCE SECTION 00 08 00.00 09 SPECIAL CONTRACT REQUIREMENTS, PARAGRAPH

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK.

(C) ALL TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE SUBMITTED VIA BIDDER INQUIRY IN PROJECT AT HTTP://WWW.PROJNET.ORG/PROJECT. SEE SNTB

PAGE ENTITLE “TECHNICAL INQUIRIES AND QUESTIONS”

(D) BIDDERS SHALL FURNISH UNIT PRICES FOR ALL ITEMS LISTED ON THE SCHEDULE OF BID ITEMS WHICH REQUIRE UNIT PRICES. IF THE BIDDER FAILS TO INSERT A UNIT PRICE IN THE

APPROPRIATE BLANK FOR REQUIRED ITEMS, BUT DOES FURNISH AN EXTENDED TOTAL OR AN

ESTIMATED AMOUNT FOR SUCH ITEMS, THE GOVERNMENT WILL DEEM HIS UNIT PRICE TO BE

THE QUOTIENT OBTAINED BY DIVIDING THE EXTENDED ESTIMATED AMOUNT FOR THAT LINE

ITEM BY THE QUANTITY. IF THE BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED

ESTIMATED AMOUNT FOR ANY ITEM, HIS BID WILL BE DECLARED NONRESPONSIVE.

(E) ALL QUANTITIES SHOWN ON THE BIDDING SCHEDULE ARE ESTIMATED QUANTITIES EXCEPT

WHEN THE UNIT OF MEASURE IS SHOWN AS "LUMP SUM", "JOB" OR "EACH".

(F) IF A BID OR MODIFICATION TO A BID BASED ON UNIT PRICE IS SUBMITTED WHICH PROVIDES

FOR A LUMP SUM ADJUSTMENT TO THE TOTAL ESTIMATED COST, THE APPLICATION OF THE

LUMP SUM ADJUSTMENT TO THE UNIT PRICE IN THE SCHEDULE MUST BE STATED. IF IT IS NOT

STATED, THE BIDDER AGREES THAT THE LUMP SUM ADJUSTMENT SHALL BE APPLIED ON A PRO

RATA BASIS TO THE UNIT PRICE IN THE BID SCHEDULE.

(G) ALL EXTENSIONS OF THE UNIT PRICE SHOWN WILL BE SUBJECT TO VERIFICATION BY THE

GOVERNMENT. IN CASE OF VARIATION BETWEEN THE UNIT PRICE AND THE EXTENSION, THE

UNIT PRICE WILL BE CONSIDERED TO BE THE BID.

(H) AWARD WILL BE MADE AS A WHOLE TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER AS

MAY BE IN THE BEST INTEREST OF THE GOVERNMENT.

(I) LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFEROR INELIGIBLE FOR

AWARD. SEE CONTRACT CLAUSE 52.204-7 ENTITLED, "SYSTEM FOR AWARD MANAGEMENT".

(J) THE SF1442, BIDDING SCHEDULE, AND SECTION 00600 (REPRESENTATIONS AND

CERTIFICATIONS) MUST BE ACCURATELY COMPLETED AND RETURNED WITH YOUR BID OR IT

MAY BE REJECTED AS NONRESPONSIVE. AN OFFEROR MAY ALSO SUBMIT, IN LIEU OF THE

COMPLETED SECTION 00600, A COMPLETE HARD COPY OF THEIR ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATIONS (ORCA) REGISTRATION. SEE FAR CLAUSES 52.204-7 AND 52.204-8

FOR REQUIREMENT INFORMATION. THE WEBSITE FOR ORCA IS WWW.SAM.GOV.

(K) ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH

THE PROVISIONS OF EM 385-1-1 "CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL", DATED NOVEMBER 2014.

(L) THE GOVERNMENT RESERVES THE RIGHT, AS THE INTERESTS OF THE GOVERNMENT MAY

REQUIRE, TO POSTPONE OR DELAY THE DATE AND/OR TIME SET FOR OPENING BIDS. REVISIONS

OR AMENDMENTS TO THE BID OPENING DATE AND/OR TIME, IF ANY, WILL BE ANNOUNCED BY

AMENDMENT OR AMENDMENTS TO THIS INVITATION FOR BIDS.

(M) THE CONTRACTOR WILL BE GIVEN FAIR OPPORTUNITY TO RECEIVE TASK ORDER AWARDS.

INDIVIDUAL TASK ORDERS ISSUED UNDER THIS CONTRACT MAY BE SIGNED BY ANY

CONTRACTING OFFICER OF THIS AGENCY, WITHIN THE AUTHORITY OF THEIR WARRANT. THE

CONTRACTOR MAY APPEAL THE EXPLANATION, OR DECISION OF THE CONTRACTING OFFICER TO

THE USACE OMBUDSMAN, WHO IS THE AT THE FOLLOWING ADDRESS:

DEPUTY DIRECTOR OF CONTRACTING

U.S. ARMY CORPS OF ENGINEERS

441 G STREET NW

WASHINGTON DC 20314

202-761-0567

(N) ALL TASK ORDERS ISSUED HEREUNDER ARE SUBJECT TO THE TERMS AND CONDITIONS OF

THIS CONTRACT. THIS CONTRACT SHALL CONTROL IN THE EVENT OF CONFLICT WITH ANY TASK

ORDER. HOWEVER, A TASK ORDER MAY BE MODIFIED AT THE CONTRACTING OFFICER’S

DISCRETION.

(O) TASK ORDERS MAY BE AWARDED THROUGH 31 MARCH 2023.

SPECIAL NOTICES

MISSISSIPPI RIVER, MILE 616-326 AHP, STONE BANK PAVING, FY 21, FC/MR&T, CHANNEL

IMPROVEMENT PROGRAM, INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ)

1. DUE TO THE ONGOING COVID-19 PANDEMIC; BIDS SHALL BE MAILED TO THE VICKSBURG

DISTRICT HEADQUARTERS BUILDING, ROOM 120, 4155 CLAY STREET, VICKSBURG, MISSISSIPPI

39183-3435. BIDS SENT BY COMMERCIAL CARRIER SHALL BE CLEARLY MARKED ON THE OUTER

ENVELOPE AS CONTAINING A “SEALED BID”. BIDS MUST BE RECEIVED PRIOR TO THE EXACT

TIME SET FOR BID OPENING.

BIDS MAY ALSO BE SUBMITTED BY HAND AT THE VICKSBURG DISTRICT HEADQUARTERS

BUILDING LOBBY (4155 CLAY STREET, VICKSBURG, MS) ON THE DAY OF BID OPENING "ONLY" AND MAY NOT BE SUBMITTED SOONER THAN (2) HOURS PRIOR TO THE TIME OF THE SCHEDULED

BID OPENING. BIDDERS HAND DELIVERING BIDS SHALL BE REQUIRED TO WEAR A MASK THAT

MUST BE WORN WHEN ENTERING THE BUILDING, OR YOU WILL BE DENIED ACCESS. BIDDERS

WILL ONLY HAVE ACCESS TO THE MAIN LOBBY. YOU MUST ENTER, HAND OFF YOUR BID

PACKAGE TO A REPRESENTATIVE OF THE VICKSBURG CONTRACTING OFFICE, AND THEN

IMMEDIATELY DEPART THE BUILDING AND THE HEADQUARTERS GROUNDS.

NO DOD SAFE SUBMISSION OR ELECTRONIC RECIPT OF BIDS WILL BE ALLOWED FOR THIS

INVIATION FOR BIDS.

NO IN-PERSON ATTENDANCE SHALL BE ALLOWED AT THIS BID OPENING;

THE BID OPENING MAY BE VIEWED ONLINE THROUGH “YOUTUBE LIVE AT THE BELOW LINK;

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw

USERS SHOULD STAY ON THE HOME PAGE. ONCE THE LIVE STREAM STARTS, A NEW STREAMING

VIDEO SECTION WILL APPEAR ABOVE ALL THE EXISTING VIDEOS AND IT WILL SAY “LIVE” ON

THE BOTTOM RIGHT CORNER. USERS MAY NEED TO REFRESH THE PAGE TO MAKE THAT SECTION

APPEAR AND FOR THE VIDEO TO START PLAYING.

THE YOUTUBE LIVE LINK MAY ALSO BE FOUND BY GOING TO THE USACE VICKSBURG DISTRICT

WEB PAGE; https://www.mvk.usace.army.mil/

CLICK “BUSINESS WITH US” AND THEN “CONTRACTING” WHERE THE LINK WILL BE AVAILABLE

UNDER “BID OPENINGS”.

2. SEALED BIDS FOR THE WORK DESCRIBED HEREIN WILL BE RECEIVED UNTIL DATE AND

TIME OF BID OPENING.

3. THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET-ASIDE.

4. YOUR ATTENTION IS DIRECTED TO SECTION 00100-BID SCHEDULE/INSTRUCTIONS TO

BIDDERS CLAUSE ENTITLED “SUBMISSION OF BIDS”. IT IS THE BIDDER’S RESPONSIBILITY TO

ENSURE THAT BIDS SENT BY COMMERCIAL CARRIER ARE CLEARLY IDENTIFIED AS

CONTAINING A SEALED BID ON THE OUTERMOST ENVELOPE. THIS INCLUDES, BUT IS NOT

LIMITED TO, BIDS SENT VIA: FEDERAL EXPRESS, AIRBORNE EXPRESS, EXPRESS COURIER

SERVICES, INC., EXPRESS MAIL - U.S. POSTAL SERVICE, UNITED PARCEL SERVICE AND

PUROLATOR.

5. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE EQUAL OPPORTUNITY CLAUSE WHICH

MAY APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

6. NOTE THE AFFIRMATIVE ACTION REQUIREMENT OF THE CONTRACT CLAUSE ENTITLED,

https://www.youtube.com/channel/UC8aGwLzGsYAHHISJg31RFOw https://www.mvk.usace.army.mil/

“AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION”, WHICH WILL

APPLY TO THE CONTRACT RESULTING FROM THIS SOLICITATION.

7. SEE SECTION 00 80 00.00 09, SPECIAL CONTRACT REQUIREMENTS, CLAUSE ENTITLED

“COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”.

8. SEE SECTION 01 00 00.00 09, GENERAL CONTRACT REQUIREMENTS CLAUSE, ENTITLED,

“PAYMENT INVOICES” WHICH WILL APPLY TO THE CONTRACT RESULTING FROM THIS

SOLICITATION. THE FEDERAL ACQUISITION REGULATION REQUIRES THAT THE “REMIT TO”

ADDRESS OF THE INVOICE MATCH THE “REMIT TO” ADDRESS ON THE CONTRACT OR A

PROPER NOTICE OF ASSIGNMENT.

9. BIDS WILL NOT BE ACCEPTED NOR SHALL BIDS BE WITHDRAWN TELEGRAPHICALLY OR BY

ELECTRONIC COMMERCE.

10. IN ACCORDANCE WITH THE PROVISIONS OF SUBPART 36.201 (EVALUATION OF CONTRACTOR

PERFORMANCE) OF THE FEDERAL ACQUISITION REGULATION (FAR), CONSTRUCTION

CONTRACTOR’SPERFORMANCE SHALL BE EVALUATED THROUGHOUT THE PERFORMANCE OF

THE CONTRACT. THE UNITED STATES ARMY CORPS OF ENGINEERS(USACE) FOLLOWS THE

PROCEDURES OUTLINED IN ENGINEERINGREGULATION 415-1-17 TO FULFILL THIS FAR

REQUIREMENT. FOR CONSTRUCTION CONTRACTS AWARDED AT OR ABOVE $100,000.00, THE

USACE WILL EVALUATE CONTRACTOR’S PERFORMANCE AND PREPARE A PERFORMANCE

REPORT USING THE CONSTRUCTION CONTRACTOR APPRAISAL SUPPORT SYSTEM (CCASS),

WHICH IS NOW A WEB-BASED SYSTEM. AFTER AN EVALUATION (INTERIM OR FINAL) IS

WRITTEN UP BY THE USACE, THE CONTRACTOR WILL HAVE THE ABILITY TO ACCESS, REVIEW

AND COMMENT ON THE EVALUATION FOR A PERIOD OF 30 DAYS. ACCESSING AND USING CCASS

REQUIRES SPECIFIC SOFTWARE, CALLEDPKI CERTIFICATION, WHICH IS INSTALLED ON THE

USER’S COMPUTER. THE CERTIFICATION IS A DEPARTMENT OF DEFENSE REQUIREMENT AND

WAS IMPLEMENTED TO PROVIDE SECURITY IN ELECTRONIC TRANSACTIONS. THE

CERTIFICATION SOFTWARE COULD COST APPROXIMATELY $110 - $125 PER CERTIFICATE PER

YEAR AND IS PURCHASED FROM AN EXTERNAL CERTIFICATE AUTHORITIES (ECA) VENDOR.

CURRENT INFORMATION ABOUT THE PKI CERTIFICATION PROCESS AND FOR CONTACTING

VENDORS CAN BE FOUND ON THE WEB SITE: http://www.cpars.navy.mil/. IF THE CONTRACTOR

WISHES TO PARTICIPATE IN THE PERFORMANCE EVALUATION PROCESS, ACCESS TO CCASS AND

PKI CERTIFICATION IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR.

11. ELECTRONIC FUNDS TRANSFER (EFT)

PURSUANT TO FAR 52.232-5 AND 52.232-33, ALL PAYMENTS UNDER THIS CONTRACT WILL BE

MADE BY ELECTRONIC FUNDS TRANSFER (EFT). CONTRACTORS ARE REQUIRED TO COMPLETE

FORM:

UFC-DISB-4.

THE FORM BE DOWNLOADED FROM THE U. S. ARMY CORPS OF ENGINEERS FINANCE CENTER

AT: https://www.tam.usace.army.mil/portals/53/docs/udc/admin/direct_deposit.pdf

THE “INSTALLATION EROC” FOR THE VICKSBURG CONTRACTING OFFICE IS “B4."

12. PRIOR TO BID OPENING, IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION

PART 14.303 (B) MODIFICATION OR WITHDRAWAL OF BIDS, “A BID MAY BE WITHDRAWN IN

PERSON BY A BIDDER OR ITS AUTHORIZED REPRESENTATIVE IF, BEFORE THE EXACT TIME

http://www.cpars.navy.mil/

SET FOR OPENING OF BIDS, THE IDENTITY OF THE PERSONS REQUESTING WITHDRAWAL IS

ESTABLISHED AND THAT PERSON SIGNS A RECEIPT FOR THE BID."

THE FOLLOWING STEPS WILL BE REQUIRED BY THE VICKSBURG CONTRACTING OFFICE:

1) CONTRACTOR MUST PRESENT A LETTER VERIFYING THEY ARE A REPRESENTATIVE

OF THE COMPANY.

2) CONTRACTOR MUST SHOW VALID, GOVERNMENT ISSUED PICTURE ID.

3) VICKSBURG DISTRICT CONTRACTING OFFICE WILL HAVE THE REPRESENTATIVE

SIGN A RECEIPT FOR BID.

13. TECHNICAL INQUIRIES AND QUESTIONS ALL QUESTIONS MUST BE SUBMITTED VIA PROJNET.

TECHNICAL INQUIRIES AND QUESTIONS RELATING TO THIS SOLICITATION ARE TO BE

SUBMITTED VIA BIDDER INQUIRY IN PROJNET AT (HTTPS://WWW.PROJNET.ORG) . BIDDERS ARE

ENCOURAGED TO SUBMIT QUESTIONS 5 DAYS PRIOR TO BID OPENING IN ORDER TO ENSURE

ADEQUATE TIME IS ALLOTTED TO FORM AN APPROPRIATE RESPONSE AND AMEND THE

SOLICITATION, IF NECESSARY. TO SUBMIT AND REVIEW INQUIRY ITEMS, PROSPECTIVE

VENDORS WILL NEED TO USE THE BIDDER INQUIRY KEY PRESENTED BELOW AND FOLLOW THE

INSTRUCTIONS LISTED BELOW THE KEY FOR ACCESS. A PROSPECTIVE VENDOR WHO SUBMITS A

COMMENT /QUESTION WILL RECEIVE AN ACKNOWLEDGEMENT OF THEIR COMMENT/QUESTION

VIA EMAIL, FOLLOWED BY AN ANSWER TO THE COMMENT/QUESTION AFTER IT HAS BEEN

PROCESSED BY OUR TECHNICAL TEAM.

ALL TIMELY QUESTIONS AND APPROVED ANSWERS WILL BE MADE AVAILABLE THROUGH

PROJNET. APPROVED ANSWERS TO ALL TIMELY QUESTIONS WILL ALSO BE MADE AVAILABLE IN

THE FORM OF A REPORT GENERATED FROM PROJNET AND ADDED TO THE AWARD AS AN

ATTACHMENT.

THE SOLICITATION NUMBER IS: W912EE21B0005

THE BIDDER INQUIRY KEY IS: 7GA2M3-65NQ3J

SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS:

1. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE UPPER

RIGHT SIDE OF THE SCREEN.

2. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

3. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

4. EMAIL. ENTER THE EMAIL ADDRESS YOU WOULD LIKE TO USE FOR COMMUNICATION.

5. CLICK CONTINUE. A PAGE WILL THEN OPEN SAYING THAT A USER ACCOUNT WAS NOT

FOUND AND WILL ASK YOU TO CREATE ONE USING THE PROVIDED FORM.

6. ENTER YOUR FIRST NAME, LAST NAME, COMPANY, CITY, STATE, PHONE, EMAIL, SECRET

QUESTION, SECRET ANSWER, AND TIME ZONE. MAKE SURE TO REMEMBER YOUR SECRET

QUESTION AND ANSWER AS THEY WILL BE USED FROM THIS POINT ON TO ACCESS THE

PROJNET SYSTEM.

7. CLICK ADD USER. ONCE THIS IS COMPLETED YOU ARE NOW REGISTERED WITHIN

PROJNET AND ARE CURRENTLY LOGGED INTO THE SYSTEM.

SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS:

1. FOR FUTURE ACCESS TO PROJNET, YOU WILL NOT BE EMAILED ANY TYPE OF PASSWORD.

YOU WILL UTILIZE YOUR SECRET QUESTION AND SECRET ANSWER TO LOG IN.

2. FROM THE PROJNET HOME PAGE LINKED ABOVE, CLICK ON QUICK ADD ON THE UPPER

RIGHT SIDE OF THE SCREEN.

3. IDENTIFY THE AGENCY. THIS SHOULD BE MARKED AS USACE.

4. KEY. ENTER THE BIDDER INQUIRY KEY LISTED ABOVE.

5. EMAIL. ENTER THE EMAIL ADDRESS YOU USED TO REGISTER PREVIOUSLY IN PROJNET.

6. 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 THIS IS COMPLETED YOU ARE

NOW LOGGED INTO THE SYSTEM.

GENERAL NOTICES

1. AUTHORITY & APPROPRIATION INFORMATION PROGRAM DATA

AUTHORITY: FLOOD CONTROL ACTS OF 1928 (SECTION 1); 1936 (SECTION 1); 1938 (SECTION 4);

1941 (SECTION 3); 1944 (SECTION 10); 1962 (SECTION 203); 1965 (SECTION 201, 204); 1966 (SECTION

202, 203); AND 1970 (SECTION 207)

APPROPRIATION: P.L. 116-260 CONSOLIDATED APPROPRIATIONS ACT, 2021

FUNDING CITATION: 96 x 3112

2. NEGOTIATIONS AFTER SEALED BIDDING.

THE GOVERNMENT HAS THE OPTION TO REJECT ALL BIDS RECEIVED IN RESPONSE TO THE

SEALED BID ADVERTISEMENT AND INITIATE NEGOTIATION. NEGOTIATIONS WILL INCLUDE

SOLICITING OFFERS FROM EACH RESPONSIBLE BIDDER THAT SUBMITS A BID IN RESPONSE TO

THE INVITATION FOR BIDS. IF, AFTER BID OPENING, THE CONTRACTING OFFICER DETERMINES THAT NEGOTIATIONS ARE IN THE BEST INTEREST OF THE GOVERNMENT, THE FOLLOWING STEPS

WILL BE FOLLOWED:

(a) AN AMENDMENT TO THE SEALED BID ADVERTISEMENT WILL BE ISSUED TO EACH

RESPONSIBLE BIDDER CHANGING THE INVITATION FOR BIDS NUMBER TO REQUEST FOR

PROPOSALS NUMBER. THE AMENDMENT WILL ALSO MAKE ANY NECESSARY CHANGES

TO THE SCOPE OF THE WORK.

(b) A COVER LETTER SIGNED BY THE NEGOTIATOR WILL ACCOMPANY THE AMENDMENT

EXPLAINING THE PROCEDURES TO BE FOLLOWED DURING NEGOTIATIONS.

3. BID, PERFORMANCE AND PAYMENT BONDS.

A BID BOND IS REQUIRED WITH THE BID PACKAGE AND IS TO BE EXECUTED ON STANDARD

FORM SF24. PERFORMANCE AND PAYMENT BONDS WITH BE REQUIRED AFTER AWARD. SEE

SECTION 00700, CONTRACT CLAUSES 52.228-1, BID GUARANTEE AND 52.228-15, PERFORMANCE

AND PAYMENT BONDS – CONSTRUCTION.

4. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS.

THE RIGHT IS RESERVED, AS THE INTEREST OF THE GOVERNMENT MAY REQUIRE, TO REVISE OR

AMEND THE SPECIFICATIONS AND/OR DRAWINGS PRIOR TO THE DATE SET FOR OPENING BIDS.

SUCH REVISIONS OR AMENDMENTS, IF ANY, WILL BE ANNOUNCED BY AMENDMENT OR

AMENDMENTS TO THIS INVITATION FOR BIDS. COPIES OF SUCH AMENDMENTS AS MAY BE

ISSUED WILL BE FURNISHED TO ALL PROSPECTIVE BIDDERS. IF THE REVISION OR AMENDMENTS

ARE OF A NATURE WHICH REQUIRE MATERIAL CHANGES IN QUANTITIES OR PRICES BID OR

BOTH, THE DATE SET FOR OPENING BIDS MAY BE POSTPONED BY SUCH NUMBER OF DAYS AS IN THE OPINION OF THE DISTRICT ENGINEER WILL ENABLE BIDDERS TO REVISE THEIR BIDS. IN

SUCH CASE, THE AMENDMENTS WILL INCLUDE AN ANNOUNCEMENT OF THE NEW DATE FOR

OPENING BIDS.

5. BUSINESS INTEGRITY.

THE APPARENT SUCCESSFUL BIDDER AS A CONDITION FOR AWARD OF ANY CONTRACT

RESULTING FROM THIS SOLICITATION MAY BE REQUIRED TO EXECUTE A CERTIFICATE RELATED

TO BUSINESS INTEGRITY.

6. CONDITIONS AFFECTING THE WORK.

BIDDERS SHOULD VISIT THE SITE AND TAKE SUCH OTHER STEPS AS MAY BE REASONABLY

NECESSARY TO ASCERTAIN THE NATURE AND LOCATION OF THE WORK, AND THE GENERAL AND

LOCAL CONDITIONS WHICH CAN AFFECT THE WORK OR THE COST THEREOF. FAILURE TO DO SO

WILL NOT RELIEVE BIDDERS FROM RESPONSIBILITY FOR ESTIMATING PROPERLY THE

DIFFICULTY OR COST OF SUCCESSFULLY PERFORMING THE WORK. THE GOVERNMENT WILL

ASSUME NO RESPONSIBILITY FOR ANY UNDERSTANDING OR REPRESENTATIONS CONCERNING

CONDITIONS MADE BY ANY OF ITS OFFICERS OR AGENTS PRIOR TO THE EXECUTION OF THE

CONTRACT, UNLESS INCLUDED IN THE INVITATION FOR BIDS, THE SPECIFICATIONS, OR RELATED

DOCUMENTS.

7. BIDDER'S QUALIFICATIONS.

A DETERMINATION OF CONTRACTOR RESPONSIBILITY WILL BE MADE. A DETERMINATION OF

NON-RESPONSIBILITY MAY BE CAUSE FOR THE REJECTION OF A PROSPECTIVE CONTRACTOR'S

BID. IN ACCORDANCE WITH FAR 9.104-1 - GENERAL STANDARDS, BEFORE A BID IS CONSIDERED

FOR AWARD, THE BIDDER SHALL BE REQUESTED BY THE GOVERNMENT TO SUBMIT A

STATEMENT REGARDING THEIR PREVIOUS EXPERIENCE IN PERFORMING COMPARABLE WORK,

THEIR BUSINESS AND TECHNICAL ORGANIZATION, FINANCIAL RESOURCES, THE PLANT

AVAILABLE TO BE USED IN PERFORMING THE WORK AND/OR OTHER INFORMATION NECESSARY

TO MAKE THE DETERMINATION OF CONTRACTOR RESPONSIBILITY.

8. SITE OF THE WORK.

BIDDERS ARE ADVISED THAT FOR PURPOSE OF APPLICABILITY OF THE DAVIS-BACON ACT AND

OTHER CONTRACT LABOR STANDARD PROVISIONS, "THE SITE OF THE WORK" UNDER THE

CONTRACT TO BE AWARDED PURSUANT TO THIS INVITATION MAY NOT BE LIMITED TO THE

PHYSICAL PLACE(S) WHERE THE CONSTRUCTION CALLED FOR IN THE CONTRACT WILL REMAIN

WHEN WORK ON IT HAS BEEN COMPLETED. THE "SITE OF THE WORK" MAY INCLUDE OTHER

ADJACENT OR NEARBY PROPERTY USED BY THE CONTRACTOR OR SUBCONTRACTORS DURING

SUCH CONSTRUCTION. FOR EXAMPLE, FABRICATION PLANTS, MOBILE FACTORIES, BATCH PLANTS, BORROW PITS, JOB HEADQUARTERS, TOOL YARDS, ETC., WILL BE CONSIDERED PART OF THE SITE OF

THE WORK PROVIDED THEY ARE DEDICATED EXCLUSIVELY OR NEARLY SO TO PERFORMANCE ON

THE CONTRACT AND ARE SO LOCATED IN PROXIMITY TO THE ACTUAL CONSTRUCTION LOCATION

THAT IT WOULD BE REASONABLE TO INCLUDE THEM.

9. INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, AND BONDS.

(a) SPECIFICATIONS, INVITATION NO. W912EE21B0005 BIDDING SCHEDULE, PRE-AWARD

INFORMATION/DESCRIPTION OF WORK/BID EVALUATION, EQUIPMENT SCHEDULE,

CONSTRUCTION CONTRACT CLAUSES, AND WAGE DETERMINATION GENERAL DECISIONS

NOS. AR202100002 01/01/21, LA202100004 03/12/2021, LA202100002 03/12/2021, MS202100001 01/01/2021, AND TN202100001 01/01/20021 OF THE SECRETARY OF LABOR, ARE PARTS OF THIS

INVITATION.

(b) (1) AN OFFEROR (BIDDER) ELECTING TO USE INDIVIDUAL SURETIES FOR EITHER BID

GUARANTEES OR PERFORMANCE AND PAYMENT BONDS MUST SUBMIT, CONCURRENTLY

WITH THE BONDS AND REQUIRED AFFIDAVITS, A STATEMENT OF BOTH THE BUSINESS AND

PERSONAL NAMES OF THE PERSONS AND/OR BROKERAGES FIRMS THROUGH WHOM THE

BONDS OR THE GUARANTEES WERE OBTAINED, TOGETHER WITH THE ADDRESS AND

TELEPHONE NUMBER OF THE PERSONS AND/OR BROKERAGE FIRMS.

(2) OFFERORS OR BIDDERS SHOULD NOTE THAT SOME INDIVIDUAL SURETIES AND

BROKERS OF INDIVIDUAL SURETIES HAVE BEEN DEBARRED OR SUSPENDED FROM

OFFERING THEMSELVES OR OTHERS AS SURETIES TO THE GOVERNMENT. OFFERORS OR

BIDDERS ARE RESPONSIBLE FOR ASCERTAINING THE CURRENT STATUS OF THEIR SURETIES

AND BROKERS.

(3) FAILURE TO PROVIDE THE REQUIRED INFORMATION OR THE SUBMISSION OF BID

GUARANTEES OBTAINED FROM DEBARRED OR SUSPENDED SURETIES OR BROKERS MAY

CAUSE REJECTION OF THE OFFER (BID).

10. DEFINITIONS

(a) THE TERM "HEAD OF THE AGENCY" OR "SECRETARY" AS USED HEREIN MEANS THE

SECRETARY OF THE ARMY; AND THE TERM "HIS DULY AUTHORIZED REPRESENTATIVE"

MEANS THE CHIEF OF ENGINEERS, DEPARTMENT OF THE ARMY, OR AN INDIVIDUAL OR

BOARD DESIGNATED BY HIM.

(b) "CONTRACTING OFFICER" MEANS A PERSON WITH THE AUTHORITY TO ENTER INTO, ADMINISTER, AND/OR TERMINATE CONTRACTS AND MAKE RELATED DETERMINATIONS AND

FINDINGS. THE TERM INCLUDES CERTAIN AUTHORIZED REPRESENTATIVES OF THE

CONTRACTING OFFICER ACTING WITHIN THE LIMITS OF THEIR AUTHORITY AS DELEGATED

BY THE CONTRACTING OFFICER.

(c) THE AGENCY BOARD OF CONTRACT APPEALS HAVING JURISDICTION OVER ALL APPEALS

FROM FINAL DECISIONS OF THE CONTRACTING OFFICER UNDER THE CONTRACT DISPUTES

ACT OF L978 IS THE ARMED SERVICES BOARD OF CONTRACT APPEALS, ADDRESSED AS

FOLLOWS: RECORDER, ARMED SERVICES BOARD OF CONTRACT APPEALS, SKYLINE 6, 7TH

FLOOR, 5109 LEESBURG PIKE, FALLS CHURCH, VIRGINIA 22041-3208.

(d) "SMALL BUSINESS CONCERN" MEANS A CONCERN INCLUDING ITS AFFILIATES, THAT IS

INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN THE FIELD OF OPERATION IN

WHICH IT IS BIDDING ON GOVERNMENT CONTRACTS, AND QUALIFIED AS A SMALL BUSINESS

UNDER THE CRITERIA AND SIZE STANDARDS IN 13 CFR 121.

(1) SIZE STANDARDS FOR CONSTRUCTION AND SPECIAL TRADES.

(A) CONSTRUCTION. A CONCERN IS SMALL IF ITS AVERAGE ANNUAL RECEIPTS

FOR ITS PRECEDING 3 FISCAL YEARS DID NOT EXCEED $39.5 MILLION.

(B) DREDGING. A CONCERN IS SMALL IF (1) ITS AVERAGE ANNUAL RECEIPTS FOR

ITS PRECEDING 3 FISCAL YEARS DID NOT EXCEED $30 MILLION, AND (2) AT LEAST

40 PERCENT OF THE YARDAGE IN THE CONTRACT'S PLANS AND SPECIFICATIONS IS

DREDGED WITH EQUIPMENT OWNED BY THE CONCERN OR OBTAINED FROM

ANOTHER SMALL BUSINESS DREDGING CONCERN.

CLAUSES INCORPORATED BY REFERENCE

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 52.214-18 Preparation of Bids-Construction APR 1984 52.214-34 Submission Of Offers In The English Language APR 1991 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

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

JUN 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

http://www.sam.gov/

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--

(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

http://www.sam.gov/ https://www.sam.gov/

(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)

(a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price-related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

(End of provison)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Economic Area

Goals for minority participation for each trade

Goals for female participation for each trade

Little Rock-North Little Rock, Arkansas, Non-SMSA (Non- Standard Metropolitan Statistical Area) Counties

16.4% 6.9%

Baton Rouge, Louisiana, Non- SMSA (Non-Standard Metropolitan Statistical Area), Parishes

30.4% 6.9%

Monroe, Louisiana, Non-SMSA (Non-Standard Metropolitan Statistical Area), Parishes

27.9% 6.9%

Jackson, Mississippi, Non-SMSA (Non-Standard Metropolitan Statistical Area) Counties

32.0% 6.9%

Memphis, Tennessee, Non-SMSA (Non-Standard Metropolitan Statistical Area) Counties

26.5% 6.9%

Shreveport, Louisiana, Non- SMSA (Non-Standard Metropolitan Statistical Area), Parishes

29.3% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Little Rock-North Little Rock, Arkansas, Non-SMSA counties, which includes Ashley, Bradley, Calhoun, Chicot, Desha, Ouachita, and Union Counties, Arkansas.

Baton Rouge, Louisiana, Non-SMSA parishes, which includes Concordia, West Feliciana, Pointe Coupee Parishes, Louisiana; and Adams and Wilkinson Counties, Mississippi.

Monroe, Louisiana, Non-SMSA parishes, which includes Caldwell, East Carroll, Catahoula, LaSalle, Madison, Morehouse, Tensas, and Union Parishes, Louisiana.

Jackson, Mississippi, Non-SMSA counties, which includes Claiborne, Issaquena, Jefferson, and Warren Counties, Mississippi.

Memphis, Tennessee, Non-SMSA counties, which includes Bolivar and Washington Counties, Mississippi.

Shreveport, Louisiana, Non-SMSA parishes, which includes Avoyelles Parish, Louisiana.

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 $3,000,000.00, whichever is less.-

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

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

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

Contracting Officer U.S. Army Corps of Engineers, Vicksburg District 4155 Clay Street Vicksburg, Mississippi 39183-3435

(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:

Name: Mr. Robin Blake, Area Engineer Address: U.S. Army Corps of Engineers, Vidalia Area Office 100 Advocate Row Vidalia, Louisiana 71373-3032 Telephone: (318) 336-5226

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/

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 Regulation System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00600 - Representations & Certifications

CLAUSES INCORPORATED BY REFERENCE

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

Certification.

FEB 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( X ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

(viii) 52.209-5, Certification Regarding…