Solicitation W912EF21B0013.pdf

PROJECT TITLE: Low er Monumental Unit 2 Hub Seal Repairs

LOCATION: Low er Monumental Lock and Dam, Kahlotus, Washington

X

DAVID C. BOONE 509-527-7205

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

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

NEGOTIATED

14-Apr-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Sect. 00 70 00

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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________18 May 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

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

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

USAED, WALLA WALLA - CONTRACTING DIV.

DAVID C BOONE 201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

W912EF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

509-527-7802FAX:TEL: 509-527-7205 TEL: FAX:

W912EF21B0013 48

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

W912EF21B0013

Section 00 10 00 - Solicitation

Section 00 10 00, Solicitation Contract Form Section 00 21 00, Instructions Section 00 45 00, Representations and Certifications Section 00 70 00, Contract Clauses Section 00 73 00, Special Contract Requirements Technical Specifications Drawings

Section 00 21 00 - Instructions

BID SCHEDULE

The magnitude of construction is estimated to be between $250,000 and $500,000

ITEM DESCRIPTION QTY U/M U/P AMOUNT

Base Items

0001 Partial Disassembly & Reassembly 1 JOB XXXXX $_________

0002 Design, Fabrication, & Installation of Sealing Ring 1 JOB XXXXX $_________

0003 Welded Caps for Coupling Bolts 1 JOB XXXXX $_________

0004 Stainless Steel Tubing Installation 1 JOB XXXXX $_________

0005 Furnishing Shaft Packing *NTE 93 LF XXXXX $_________

0006 T&M: Provide Skilled Liquid Penetrant Testing (PT) *NTE 20 Hr. XXXXX $_________

0007 T&M: Provide Skilled Millwright Hire *NTE 24 Hr. XXXXX $_________

0008 T&M: Provide Skilled Welding Hire *NTE 20 Hr. XXXXX $_________

0009 T&M: Welding Consumables *NTE 10 Lbs. XXXXX $_________

0010 Provide Skilled Painting (Labor only) *NTE 30 SF XXXXX $_________

0011 Final Testing 1 JOB XXXXX $_________

Optional Items

0012 Installation of Blade Seals 1 JOB XXXXX $_________

0013 Installation of Runner Cone Gasket 1 JOB XXXXX $_________

0014 Hub to Runner Cone Seal Weld 1 JOB XXXXX $_________

Schedule Total $______________

IMPORTANT: See Section 01 22 00.00 28; MEASUREMENT AND PAYMENT; Paragraph; Retainage of Payment, for withholding of payment for final deliverables.

U/M* = Unit of Measure U/P* = Unit Price NTE* = Not To Exceed LF = Linear Feet SF = Square Feet

ATTENTION TO BIDDERS

RESPONSIBILTY DETERMINATION CRITERIA

1. Responsibility Criteria IAW FAR Subpart 9.1: To ensure award is made to the responsible bidder, a determination of responsibility will be conducted. As part of this responsibility determination, the Contracting Officer will utilize the guidance contained in FAR Subpart 9.1, Responsible Prospective Contractors. In accordance with FAR 9.104-1, to be determined responsible, a prespective contractor must:

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see form below);

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record, similar in scope and magnitude of that stated in the contract requirements;

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. ATTENTION: Definitive Responsibility Criteria (DRC): In addition to examining the criteria in FAR 9.104-1 as listed above, the Contracting Officer will also examine whether the low bidder can meet the requirements of the definitive responsibility criteria mentioned in sections (a) through (d) below. THIS INFORMATION WILL BE REQUESTED AFTER BID OPENING. The apparent low bidder will be required to meet the following experience requirements:

(a) Provide a minimum of two (2) projects completed* within the last ten (10) years** that demonstrate collective experience*** with turbine runner repairs and other work of similar size and scope of that required by this contract, to include all of the following:

(1) Disassembly of vertical Kaplan turbine generator units.

(2) Rehabilitation of vertical Kaplan turbine generator units.

(3) Reassembly of vertical Kaplan turbine generator units.

The projects provided must have a minimum blade diameter of 200 inches.

*All Project examples must be at a minimum 75% complete in order to be considered.

**Define “10 years” as 10 years from the date the solicitation is posted.

*** If submitting experience of a subcontractor, a letter of commitment must be included for their experience to be considered.

3. The Contracting Officer will verify the submitted projects and information meet the definitive responsibility criteria as part of the responsibility determination. Bidders are not required to submit additional documentation related to these criteria at the time of the bid. Instead, the Government will request the supporting documentation within a reasonable timeframe after bid opening and the apparent low bidder will be expected to provide the DRC information within two (2) business days after the Government’s request.

4. Along with the Definitive Responsibiltiy Criteria, the apparent low bidder will be required to provide all of the following information for the Government’s use in the determination of Bidder responsibility (see 1 (a) above.)

(a) Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal/calendar year and certified by an officer of the company.

(b) The name of your banking institution, telephone number and the name of the individual to contact for a line-of-credit reference. (If you are the apparent low bidder, please contact your bank reference to let him/her know our office will be calling for financial information.)

Bank Institution ________________________________

Telephone Number ______________________________

Contact ________________________________________

Email Address __________________________________

Tax Identification Number ________________________

(c) List of present work to include agency or firm name, address, telephone number, and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

Will performance of the present work inhibit your ability to perform this contract? ___________

(d) What % will the prime contractor self-perform? ____________________________

Offeror’s email address: ____________________________________

When requested, return completed information listed above with all attachments and Definitive Responsibility Criteria information from item 2 above to:

Email: david.c.boone@usace.army.mil

INSTRUCTIONS TO BIDDERS

INFORMATION TO BIDDERS

OFFERORS are required to complete and submit the Standard Form 1442 Back, Bid Schedule, and Section 00 45 00, Representations and Certifications.

PRICE BASIS

Bidders are advised that only bids submitted on a firm price basis will be considered, and that bids submitted on any other than firm price basis will be rejected. NOTE; Bid prices must include all Federal, state, and local taxes in accordance with Contract Clause: FEDERAL, STATE, AND LOCAL TAXES.

ELECTRONIC BID SUBMISSION INSTRUCTIONS

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable:

Jani Long, Contracting Officer Jani.C.Long@usace.army.mil David Boone, Contract Specialist David.C.Boone@usace.army.mil

Each email shall contain the following information:

Solicitation No. W912EF21B0013 Bid Due Date and Time: ______ Bid Validity Date: ______ (60 days from the bid due date)

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the offeror must make every effort to ensure its electronic submission is virus-free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

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

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

Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e.

bidders’ submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

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

BID OPENING

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bid opening will be held telephonically via conference call at 3:00 pm on the date bids are due. Due to the requirement that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow the contracting office time to download all bid documents submitted. The USACE Walla Walla District will not accept any hard copy documentation submitted in response to this invitation for bids.

Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer (Jani.C.Long@usace.army.mil) and Contract Specialist (David.C.Boone@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference “IFB Number and Title” in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

ARITHMETIC DISCREPENCIES

(a) The following will be used in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) In a discrepancy between unit price and extended price, the unit price stated on the bid schedule will govern;

(2) Apparent errors in the extension of unit prices will be corrected;

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

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

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

BIDDER INQUIRY:

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-site that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

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 the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the bid or proposal due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: VZNTJV-4PZ235

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.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided 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.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@rcesupport.com.

NOTICE: All bidders/offerors will be held to have reviewed the questions and responses in Bidder Inquiry prior to bid submission. Nothing is changed in the solicitation unless an amendment is issued.

BONDS: If the successful offeror, upon acceptance of its offer by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed payments bonds or alternate payment protection within 10 Calendar days after receipt of the contract award forms by the offeror, the Contracting Officer may terminate the contract for default/cause.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.232-13 Notice Of Progress Payments APR 1984 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7008 Only One Offer JUL 2019 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed-price contract resulting from this solicitation.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

5.4% 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 Kahlotus, Franklin County, Washington

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $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 Walla Walla US Army Corps of Engineers, Contracting Division, 201 North 3rd, Walla Walla, Washington 99362- 1876.

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

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

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

29 April 2021 starting at 9:00 a.m. and ending at 4:00 p.m. Registered firms will be assigned a specific time.

Lower Monumental Lock and Dam 5520 Devils Canyon Road Kahlotus, WA 99335

There will be only one site visit offered. Offerors planning to attend must register for the site by sending an email to: david.c.boone@usace.army.mil

Firms must register no later than the day before the site visit.

Site visit attendees must provide the following information: 1) Solicitation Number; 2) Project Title; 3) Names of individuals who will attend the site visit; 4) a statement as to whether the individual is a US citizen. If not a US citizen, please refer to ACCESS FOR FOREIGN NATIONALS in Section 00 73 00 of this document; 5) Name of company being represented 6) Phone number of company being represented. All firms MUST register not later than 5:00 PM local time on 27 April 2021 by email to Mr. David Boone at david.c.boone@usace.army.mil.

Registered firms will be notified not later than 5:00 PM local time on 28 April 2021 of the specific date and time allocated for their site visit. Maximum duration of site visit is one hour.

Each individual attending the site visit must submit the Center for Disease Control (CDC) Active Screening questionnaire not later than 5:00 PM local time on 27 April 2021. Registered attendees that have not provided a completed questionnaire will not be permitted on-site due to ongoing COVID-19 concerns.

Each firm is allowed no more than three attendees for the site visit due to size of gathering restrictions. Once all locations have been visited, potential offerors will be escorted back to the Main Gate security desk and the site visit walkthrough is complete. To ensure consistent information is shared among all potential offerors, all questions must be submitted through the ProjNet bidder inquiry process outlined in this solicitation. No questions will be answered at the site visit.

Each individual attending the site visit must have picture identification on his/her person while at the project site.

There can be no substitutions of one individual for another. If an individual arrives at the site visit without having registered and/or without having picture identification, that individual may not be allowed on the site.

Participants of site visits must abide by the U.S. Army Corps of Engineers Safety and Health Requirements Manual (EM 385-1-1, latest version) in accordance with Section 5, “Personal Protective and Safety Equipment. (PPE)” It is the responsibility of participants to wear personal protective and safety equipment as required by this regulation.

Failure to comply could result in denial of access to site visit location.

All attendees must follow federal, state, and local guidelines for the mitigation of COVID 19 when attending this site visit. Please ensure all attendees have PPE with them in order to comply with COVID 19 mitigation measures.

The ACCESS FOR FOREIGN NATIONALS requirement in Section 00 73 00 applies to site visits as well as to performance of the work.

Site Visit Guidelines:

The RSVP Cut-off date is 27 April 2021 at 5:00pm to allow team to ensure enough Government staff is present to support.

Appropriate masks will be required at all times while on site.

Start times will be assigned and are staggered starting at 9:00 am. Length of site visit is estimated to be 1 hour.

Government staff will read the script (Description of the project).

No questions will be answered during site visit.

Completion and submission of the CDC Active Screening Questionnaire by each attendee prior to travel is required (see CDC Active Screening Questionnaire attachment provided with the solicitation). The Government will not be answering any questions during the walkthrough. Potential offerors will be allowed to take equipment specific pictures and measurements of equipment that is along the predetermined pathway only.

Once site visit is complete, contractor attendees will be escorted back to the Visitor Center and the site visit walkthrough is complete.

To ensure consistent information is shared among all potential offerors, all questions must be submitted through the ProjNet bidder inquiry process outlined in the solicitation.

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 (APR 1984)

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

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

Section 00 45 00 - Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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:

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered…