Solicitation_W912EE24B0005.pdf

SOLICITATION NO. W912EE24B0005

ISSUE DATE: 14 DECEMBER 2023

SPECIFICATIONS

FOR

DELTA, LOUISIANA, MADISION PARISH, RM 438.0-R A.H.P,

FC/MR&T, CHANNEL IMPROVEMENT,

ARTICULATED CONCRETE MATTRESS CASTING, FY-24

THIS PROCUREMENT IS SET ASIDE

100% FOR SMALL BUSINESSES

CEMVK-ECT-C

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 “U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL”, LATEST EDITION.

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435

INQUIRIES

REGARDING THIS SOLICITATION

SHOULD BE MADE TO THE FOLLOWING:

https://www.projnet.org/projnet

PLANS AND SPECIFICATIONS WILL BE

AVAILABLE ON THE SYSTEM FOR AWARD

MANAGEMENT WEB PAGE AT:

https://sam.gov

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION A – COVER SHEET AND SOLICITATION, OFFER, AND AWARD (SF 33)

SECTION B – BIDDING SCHEDULE, NOTES, GENERAL NOTES, AND SPECIAL NOTES

SECTION C – DESCRIPTION/SPECIFICATIONS

SECTION D – NOT USED

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

SECTION G – CONTRACT ADMINISTRATIVE DATA

SECTION H – NOT USED

SECTION I – CONTRACT CLAUSES

SECTION J – ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

SECTION L – INSTRUCTIONS AND CONDITIONS

SECTION M – EVALUATION FACTORS FOR AWARD

SPECIFICATIONS

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 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

01 57 23.01 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 03 - CONCRETE

03 30 01.00 09 ARTICULATED CONCRETE MATTRESS

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 15 00.00 12 SURFACING (GRANULAR)

-- End of Project Table of Contents –

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(Hour)

PAGE(S)

until 02:00 PM local t ime 17 Jan 2024

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A X B X C

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X G F 213 - 228

229 - 240 H 241 freteshia.l.johnson@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 241

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912EE 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Suite 120 or 103 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

FRETESHIA L JOHNSON 601-631-5219

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

15 - 18

19 - 20 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

22 - 181

PART II - CO NTRACT CLAUSES

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

601-631-

601-631-7261FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

182-212

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

14 Dec 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912EE24B0005

NOT USED

NOT USED

W912EE24B0005

Section B - Supplies or Services and Prices

DELTA, LA, MADISON PARISH, RM 438.0-R, A.H.P.

FC/MR&T, CHANNEL IMPROVEMENT

ARTICULATED CONCRETE MATTRESS CASTING, FY-24

SOLICITATION NO. W912EE24B0005

BIDDING SCHEDULE

CASTING AT DELTA, LA

EST UNIT

ITEM DESCRIPTION QTY U/M PRICE AMOUNT__________

BASE WORK

0001 Articulated Concrete Mattress 60,000 SQ $___________ $___________________

Total Base Work: $________________________

OPTION 1

0002 Articulated Concrete Mattress 10,000 SQ $___________ $____________________

Total Option 1: $_________________________

OPTION 2

0003 Articulated Concrete Mattress 10,000 SQ $___________ $_____________________

Total Option 2: $_________________________

OPTION 3

0004 Articulated Concrete Mattress 5,000 SQ $___________ $______________________

Total Option 3: $_________________________

OPTION 4

0005 Articulated Concrete Mattress 5,000 SQ $___________ $______________________

Total Option 4: $_________________________

TOTAL OF BASE BID Plus Options 1, 2, 3, & 4: $________________________

CONTRACTOR’S NAME: ___________________________________________

CONTRACTOR’S ADDRESS: ___________________________________________

CAGE CODE: ___________________________________________

UEI NUMBER: ___________________________________________

POINT OF CONTACT: ___________________________________________

TELEPHONE NUMBER: ___________________________________________

DATE: ___________________________________________

NOTES:

(A) THIS PROCUREMENT IS A TOTAL SMALL BUSINESS SET ASIDE.

Solicitation No. W912EE24B0005 is for Delta, Louisiana, Madison Parish, RM 438.0-A.H.P., FC/MR&T, Channel Improvement, Articulated Concrete Mattress Casting, FY-24.

This firm fixed-price construction supply procurement utilizes NAICS Code 327390, Other Concrete Product Manufacturing, and PSC Code 9390, Miscellaneous Fabricated Nonmetallic Materials. The Small Business Size Standard is $500 Employees.

Reference Limitations on Subcontracting FAR 52.219-14. The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

The below calculation for FAR 52.219-14 is for example only and not representative of this solicitation or any contract that may be awarded as a result of this solicitation.

1. Total value of contract award = $5,000,000.00

2. Cost of materials = $3,000,000.00

3. Adjusted amount (contract award value less cost of materials): $2,000,000.00 ($5,000,000.00 - $3,000,000.00)

4. 85% of $2,000,000.00 may be paid to non-similarly situated entities ($1,700,000.00)

5. 15% of $2,000,000.00 must be paid to a similarity situated entity ($300,000.00)

What is similarly situated and what does it mean for the prime?

i. 1st tier subcontractor that has the same small business program status of the qualified prime contractor (i.e. HUBZone prime contractor, any HUBZone subcontractor is similarly situated).

ii. Any 1st tier subcontracts to similarly situated entities can count towards the prime contractor’s self-performance requirements.

iii. Example: HUBZone Set-Aside Contract, 1st Tier is a HUBZone Small Business subcontractor. This meets the similarly situated requirement and the work performed by the HUBZone subcontractor will count towards the HUBZone prime contractor’s self-performance requirement.

iv. Example: SDVOSB Set Aside Contract, 1st Tier is a WOSB subcontractor only, this does not meet the “similarly situated” requirement and the WOSB subcontractor performance does not count towards the SDVOSB prime contractor’s self-performance requirement.

(B) All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. See paragraph 11 in “SPECIAL NOTICES” section.

(C) Award will be based upon the lowest responsible, responsive bid, as may be in the best interest of the Government.

(D) END ITEMS. For small business concern representative purposes, the end item being procured under this solicitation are completed squares of articulated concrete mattress. Ingredients such as Portland Cement and Fly Ash, etc., are not end items.

(E) For variation in quantity clause see Section F – DELIVERIES OR PERFORMANCE, paragraph entitled

“VARIATION IN QUANTITY (FAR 52.211-16 - APR 1984)”.

(F) OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTIONAL WORK Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTION WORK Items by written notice to the Contractor. Option 1 and/or 2 can be exercised and awarded by the Contracting Officer up until August 1, 2024. Option 3 and/or 4 can be exercised and awarded by the Contracting Officer up until September 1, 2024. Options are not required to be awarded in consecutive order. The Contracting Officer may elect not to award any options or may award any combination of options at his discretion. Bidders shall bid on all items including optional items (see “EVALUATION OF OPTIONS” FAR 52.217-5). The bidder is required to bid on all line items on Casting at Delta, Louisiana. Failure to bid on all items will result in a non-responsive bid.

(G) EVALUATION OF OPTIONS (FAR 52.217-5 - JUL 1990). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID SHALL BE DECLARED NON-

RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.

(I) Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price.

Unreasonableness of price includes not only total price of bid, but the price for individual line items as well. Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

(J) RAPID VENDOR PAYMENT. Web based instructions for the submission of invoices;

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

(K) This contract shall be performed at Delta Point Casting Field in Delta, Louisiana, unless the field becomes inaccessible or inoperable. If for any reason the Delta Point Casting Field becomes inoperable, the Government, may require the bidder to cast the squares required for this contract at either St. Francisville, Louisiana Casting Field or Richardson Landing, Tennessee Casting Field depending on availability. If this situation arises where the location of performance changes, the bidder may upon request and approval of the Contracting Officer, be allowed to request an equitable adjustment in contract price for concrete mattress pursuant to the Contract Clause, CHANGES – FIXED PRICE (FAR 52.243-1).

(L) The Contractor shall provide a vehicle and operator for hauling and delivering the field concrete specimens to the onsite testing laboratory. A vehicle operator shall be provided during the hours of concrete placement and at any time requested by the Contracting Officer Representative. The Contractor shall maintain the vehicle in a safe and reliable operating condition.

(M) The SF33, Bidding Schedule, and Section K (representations, certifications, and other statement of offerors) must be accurately completed and returned with your bid, or it may be rejected as nonresponsive.

(N) Lack of registration at www.sam.gov will make a bidder ineligible for award (see contract clause 52.204-7 entitled, “System for Award Management”).

(O) Please be advised that the System for Award Management Registration (SAM) replaces CCR/FedReg and ORCA. All references to CCR and ORCA are to be replaced with SAM. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(P) SITE VISITS. For site visit information see Contract Clause 52.236-27 – ARRANGEMENTS FOR SITE

VISIT”.

(Q) The Notice to Proceed (NTP): The successful bidder is advised that a performance and payment bond shall be submitted in accordance with the time frame in the specifications. The NTP will be issued at an agreed upon date after verification of acceptable performance and payment bonds. Within seven (7) calendar days after issuance of the NTP, the contractor shall initiate a meeting to discuss the submittal process with the area or resident engineer or his authorized representative. Physical work cannot start until the Accident Prevention Plan, Contractor Quality Control Plan, and other submittals which may be required, have been submitted and approved and all preliminary meetings called for under the contract, have been conducted.

(R) 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.

(S) 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.

GENERAL NOTES:

1. AUTHORITY, APPROPRIATIONS, AND FUNDING INFORMATION

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) Further Continuing and Security Assistance Appropriations Act, 2017.

APPROPRIATION: P.L. 116-260 Consolidated Appropriation Act, 2021

FUNDING CITATION: 096 NA X 4902 0000

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, Bidding Schedule, Pre-award Information/Description of Work/Bid Evaluation, and Construction Contract Clauses 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.

11. 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 $45 million.

(b) Dredging. A concern is small if (1) its average annual receipts for its preceding 3 fiscal years did not exceed $32.5 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.

SPECIAL NOTICES:

1. 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 will only have access to the main lobby. You must enter, hand off your bid package to a representative of the Vicksburg contracting office. Prior to opening of bids, bidders attending in person will be escorted to the bid opening room.

No electronic receipt of bids will be allowed for this invitation for bids.

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. Your attention is directed to section 00100-bid schedule/instructions to bidders’ clause 52.214-5 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, Express Mail - U.S. Postal Service, or United Parcel Service.

4. Note the affirmative action requirement of the equal opportunity clause which may apply to the contract resulting from this solicitation.

5. Note the affirmative action requirement of the contract clause entitled, “affirmative action compliance requirements for construction”, which will apply to the contract resulting from this solicitation.

6. See section 00 80 00.00 09, special contract requirements, clause entitled “commencement, prosecution, and completion of work”.

7. 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.

8. In accordance with FAR 42.1502(e), Past performance evaluations shall be prepared for each construction contract of $750,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $750,000. Past performance evaluations will be prepared by the MVK at least annually and at the time the work under a contract or order is completed and will be entered into the Contractor Performance Assessment Reporting System (CPARS), the Governmentwide evaluation reporting tool for all past performance reports on contracts located at http://www.cpars.gov/.

9. Electronic Funds Transfer (EFT)

All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov. UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in the SAM. Failure to update/maintain this information in the SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail.

The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39619cd

What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f3961958

If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.

10. Bids will not be accepted, nor shall bids be withdrawn electronically or by telephone.

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 set for opening of bids, the identity of the person 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.

11. 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 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.

The solicitation number is: W912EE24B0005

The bidder inquiry key is: J8ZDPE-RBQ2VD

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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60,000 Square Articulated Concrete Mattress

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 9390

NET AMT

0002 10,000 Square OPTION Articulated Concrete Mattress

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003 10,000 Square OPTION Articulated Concrete Mattress

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0004 5,000 Square OPTION Articulated Concrete Mattress

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0005 5,000 Square OPTION Articulated Concrete Mattress

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Section C - Descriptions and Specifications

Description of Work: A Contractor shall produce and supply articulated concrete mattresses for the U.S. Army Corps of Engineers, Vicksburg District, in the quantity shown on the bidding schedule, in strict accordance with the specifications, schedules and drawings. The work to be performed under this contract consists of furnishing all plant, labor, materials, and equipment needed, and performing all work for constructing the casting of articulated concrete mattresses at the Mattress Casting Field in Delta, Louisiana. The principal features of the work include supplying aggregate and cementitious materials; and batching and placing concrete.

The estimated value of the proposed work is between $10,000,000.00 and $25,000,000.00.

Specifications are attached after Section M, Evaluation Factors for Award.

Section D - LEFT BLANK INTENTIONALLY

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

Section F - Deliveries or Performance

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 160 days after receiving notice to proceed. Reference Specifications Section 00 80 00.00 09 entitled, “Special Contract Requirements”, paraghrap 1.2 entitled, “COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,458.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been…