Solicitation W912P923B0003.pdf

PROJECT TITLE: Construction & Maintenance of River Structures on Mississippi River Miles 300.0 - 0.0 and Illinois River Miles 82.0 - 0.0

The contract has an ordering period of f ive years.

There w ill be NO pre-bid Site Visit.

X

WHITNEY R DEE 314 331-8621

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

06-Jun-2023

(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 _______ calendar days and complete it w ithin ________ calendar days af ter receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Jul 2023 (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 is, X 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

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

W912P9

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

314 331-8746FAX:TEL: TEL: FAX:

W912P923B0003 176

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

W912P923B0003

Section 00 00 00 - Procurement and Contracting Requirements

SOLICITATION INFORMATION

A. PROJECT INFORMATION

PROJECT TITLE: Construction & Maintenance of River Structures on Mississippi River Miles 300.0 - 0.0 and Illinois River Miles 82.0 - 0.0 – USACE St. Louis District

TYPE OF SOLICITATION: Invitation for Bid (IFB) with Definitive Responsibility Criteria

TYPE OF CONTRACT: Firm-Fixed-Price Construction

DISCLOSURE OF THE ESTIMATED MAGNITUDE OF THE PROPOSED CONSTRUCTION

PROJECT: between $25,000,000 and $100,000,000 over a five year period.

NAICS CODE: 237990 – Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45,000,000.00

COMPETITION: Full & Open (unrestricted)

WAGE DETERMINATION: MO20230001, IL20230015, IL20230016, and IL20230017, and their subsequent updates is applicable to this solicitation.

ATTACHMENTS:

1 – Specifications 2 – DOD Checklist for Reviewing Subcontracting Plans

B. INQUIRIES:

All technical inquires and questions relating to this solicitation are to be submitted via email to Contract Specialist, Michelle R. Person, at michelle.r.person@usace.army.mil by 10:00am CST, 21 June 2023.

C. Offeror shall furnish unit prices for all items listed on the Bidding Schedule of the Solicitation.

D. Lack of registration in the System for Award Management (SAM) database will make an offeror ineligible for award. See contract clause 52.204-7, “System for Award Management”.

E. 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.

DETERMINATION OF REPSONSIBILITY REQUIREMENTS

In accordance with FAR 9.104-1 General Standards:

To be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a)).

(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 (see 9.104-3(b) and subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2.

(d) Have a satisfactory record of integrity and business ethics (for example, see subpart 42.15).

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

DEFINITIVE RESPONSIBILITY CRITERIA

In addition to examining the criteria in FAR 9.104-1, the Contracting Officer will also examine whether the low bidder can meet the requirements of five (5) definitive responsibility criteria. The bidders will be required to meet the following requirements and experience to be eligible for award:

(1) Provide a narrative demonstrating experience with construction on a commercially active navigation channel with minimal impact to commercial navigation (no river closures during construction) to include all coordination with US Coast Guard and Commercial River Industry.

(2) Provide evidence of Floating Plant capability with a minimum of nine (9) rock barges for river-based construction.

(3) Provide a narrative demonstrating experience with Graded Stone A (5,000-pound top size) placement, degradation, and recycling.

(4) Provide a narrative demonstrating experience with bathymetric verification surveys collected post work completion to ensure correct execution of requirements.

(5) If using a subcontractor, the criteria 1, 2, 3, and 4 will apply to the subcontractor. In the event a subcontractor is involved, the information outlined in 1-4 above must be provided for the subcontractor. In addition, the prime shall provide a Letter of Commitment from the proposed subcontractor.

The Contracting Officer will verify that the apparent low bidder's experience meets the definitive responsibility criteria as part of the responsibility determination. Bidders are required to submit the documentation related to these criteria at the time of bid. The responsibility information provided with the bid package must be in a separate file marked “Responsibility Information”. Failure to provide the responsibility information may result in the bid being disqualified and may not be considered for award.

SMALL BUSINESS SUBCONTRACTING PLAN REQUIREMENT

A Subcontracting Plan is required at the time of the bid. The bidders must submit an acceptable Subcontracting Plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 (or DFARS 252.219- 7004 if the offeror has a comprehensive subcontracting plan). The DoD Checklist for Reviewing Subcontracting Plans is provided for your information (Attachment 2), as it is what will be used to evaluation the Subcontracting Plan for approval.

A percentage goal of greater than 0% should be provided for all Small Business Socio-Economic Categories;

if a percentage goal of 0% is provided for any Small Business Socio-Economic Category, a justification is required of why there will be no attempt made to include that category in your subcontracting plan.

Small Business Subcontracting Plan is only required to be completed by other than small businesses, and can be met through a joint venture, teaming arrangement, and subcontracting to other small businesses.

The Subcontracting Plan will be assessed based on the total planned subcontracting dollars. For all small business categories, provide goals in terms of total dollars subcontracted, and as a percentage of total subcontracted dollars.

Liquidated damages will be assessed if the Subcontracting Plan is not met, in accordance with FAR clause 52.219-16.

PROCEDURES FOR SUBMISSION OF BIDS AND VIRTUAL BID OPENING

In accordance with FAR 14.202-8 and FAR Part 4.5, bidders will be required to submit their bids in response to this IFB solicitation by the date and time listed on the Standard Form 1442 via electronic means to include bid bonds.

Physical copies of bid bonds will not be required to be submitted unless otherwise requested by the Contracting Officer at a later date.

Bidders shall submit their bids via email to Contract Specialist, Michelle R. Person at michelle.r.person@usace.army.mil by the date and time listed on the SF 1442.

Contract Specialist will post an Abstract of Bids and the apparent low bidder to SAM.gov within twenty-four (24) hours of the bid due date and time. Bidders will also be notified via email. There will be no public bid opening at a physical location.

GENERAL NOTICES

1. NEGOTIATIONS AFTER BIDS.

The Government has the option to reject bids received in response to the Invitation for Bids, convert the Solicitation to a Request for Proposal (RFP) and initiate negotiations with offerors.

2. PERFORMANCE AND PAYMENT BONDS

Performance and Payment bonds will be required after award of each Task Order. See clause 52.228-15, PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION.

3. AMENDMENTS PRIOR TO DATE SET FOR PROPOSAL.

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 proposal. Such revisions or amendments, if any, will be provided by amendment(s) to this Invitation for Bid. If the revision or amendments are of a nature which require material changes in quantities or prices or both, the due date set for bid may be extended. In such case, the amendments will include the new due date for bid submission.

4. BUSINESS INTEGRITY

The offeror as a condition of award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

5. CONDITIONS AFFECTING THE WORK

The offeror may 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 offeror 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 Request for Proposal, the specifications, or related documents. No official site visit will be scheduled.

6. OFFEROR 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 offer. In accordance with FAR 9.104-1, General Standards, before an offer is considered for award, the offeror 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.

7. SITE OF THE WORK

The offeror is advised that for the 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 solicitation 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 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.

8. INFORMATION REGARDING OFFER MATERIAL, AND BONDS

a. Specifications, Plans, Bid Schedule, Pre-award Information/Description of Work/Offer Evaluation, Construction Contract Clauses, and Wage Determination Decisions of the Secretary of Labor are parts of this solicitation.

b. (1) An offeror electing to use individual sureties for 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 were obtained, together with the address and telephone number of the persons and/or brokerage firms.

(2) Offerors 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 are responsible for ascertaining the current status of their sureties and brokers.

9. EVALUTION OF CONTRACTOR PERFORMANCE

In accordance with the provisions of FAR Subpart 36.201, Evaluation of Contractor Performance, Construction contractors’ performance shall be evaluated throughout the performance of the contract. USACE follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this requirement.

10. DEFINITIONS

(a) “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.

ORDERING PROCEDURES

1. The Government may issue a Task Order for specific quantities of the pre-priced items from the set price schedule of the contract without issuing a Request for Proposal.

2. The Government may send an email Request for Proposal for a Task Order, which will request proposed quantities of the pre-priced items from the set price schedule of the contract. The Contractor will have 14 calendar days, unless otherwise specified in the RFP, to provide a proposal of quantities to perform the Task Order work.

3. The Base Contract includes the Specifications, which apply to all task orders issued.

4. Each task order will have it’s own set of Drawings/Plans for the specific work ordered.

BIDDING SCHEDULE

BIDDING SCHEDULE NOTES

1. The Bidding Schedule unit prices will be locked in at the time of award, and all task orders issued will use those unit prices for those items of work. However, the quantities provided in the Bidding Schedule are “estimated quantities” for evaluation purposes only and are not guaranteed. While they are realistic estimates of how much may be ordered within a given year to assist the Contractor in establishing unit prices, it is possible that the combination of all task orders issued throughout an ordering year will use a higher or lower quantity of the items than what is listed in the Bidding Schedule.

2. To assist in determining unit prices, the Contractor shall be expected to place on average 3,000 tons Graded Stone “A” per day during performance of the contract.

3. When bids are solicited on a unit price basis, bidders shall insert in the spaces provided therefore in the SCHEDULE both the "unit price" and the "estimated amount" resulting from applying the said unit price to the estimated quantity shown. In event the bidder quotes only a total price ("estimated amount") in its bid and fails to quote the unit price, the Government will determine such unit price by dividing the total price quoted by the quantity of the item set out in the SCHEDULE. The bidder agrees that the unit price so determined shall be used for the purpose of bid evaluation, award and all payments to the Contractor including final payment.

4. All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the bid and the extension will be corrected accordingly.

5. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

6. Bidders are required to bid on all items listed on the Bidding Schedule in addition to inserting a total quoted bid in the appropriate space provided. Failure to do so will be considered good cause to disqualify the bid.

Bidding Schedule - W912P923B0003

EXHIBIT A

ORDERING PERIOD 1

(1 September 2023 - 31 August 2024)

Item No. Description Estimate d Quantity

Uni t

Unit Price Estimated Amount

MRM 300-195

A001 Mobilization and Demobilization 1 EA

A002 Structure Construction, Graded Stone A

a. first 4,930 tons 4,930 TN

b. all over 4,930 tons 3,290 TN

A003 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. first 16,780 tons 16,780 TN

b. all over 16,780 tons 11,190 TN

A004 Revetment/Bankline Repairs, Graded Stone A

a. first 970 tons 970 TN

b. all over 970 tons 650 TN

A005 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sites

a. first 18,270 tons 18,270 TN

b. all over 18,270 tons 12,180 TN

A006 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A007 Notch Existing Structure and Recycle Stone, Shallow Draft Work Sites

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

MRM 195-98.6

A008 Mobilization and Demobilization 1 EA

A009 Structure Construction, Graded Stone A

a. first 40,180 tons 40,180 TN

b. all over 40,180 tons 26,790 TN

A010 Revetment/Bankline Repairs, Graded Stone A

a. first 28,290 tons 28,290 TN

b. all over 28,290 tons 18,860 TN

A011 Notch Existing Structure and Recycle Stone

a. first 4,100 tons 4,100 TN

b. all over 4,100 tons 2,800 TN

A012 Structure Removal, 0-25 ft Depth 1 DY

A013 Structure Removal, 26-45 ft Depth 1 DY

MRM 98.6-0

A014 Mobilization and Demobilization 1 EA

A015 Structure Construction, Graded Stone A

a. first 124,240 tons 124,240 TN

b. all over 124,240 tons 82,820 TN

A016 Revetment/Bankline Repairs, Graded Stone A

a. first 2,560 tons 2,560 TN

b. all over 2,560 tons 2,800 TN

A017 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A018 Structure Removal, 0-25 ft Depth 1 DY

A019 Structure Removal, 26-45 ft Depth 1 DY

BIOLOGICAL OPINION WORK MRM 300-0.0

A020 Structure Construction, Graded Stone C, RM 300-195

a. first 200 tons 200 TN

b. all over 200 tons 1 TN

A021 Structure Construction, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 200 tons 200 TN

b. all over 200 tons 1 TN

A022 Gradual Slope Revetment, Graded Stone C, RM 300-195

a. first 200 tons 200 TN

b. all over 200 tons 1 TN

A023 Gradual Slope Revetment, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 3,640 tons 3,640 TN

b. all over 3,640 tons 2,430 TN

A024 Notch Existing Structure and Recycle Stone, Shallow Draft Work, RM 300-195

a. first 1,140 tons 1,140 TN

b. all over 1,140 tons 760 TN

A025 Pile Dike Construction, Wooden Piles, RM 300-195

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

A026 Structure Construction, Graded Stone A, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A027 Revetment/Bankline Repairs, Graded Stone A, RM 195-98.6

A028 Pile Dike Construction, Wooden Piles, RM 195-98.6

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

A029 Notch Existing Structure and Recycle Stone, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A030 Structure Construction, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A031 Revetment/Bankline Repairs, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A032 Pile Dike Construction, Wooden Piles, RM 98.6-0

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

A033 Notch Existing Structure and Recycle Stone, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

A034 Notch and Drag Stone, 0-25 ft Dig Depth 1 DY

A035 Notch and Drag Stone, 26-45 ft Dig Depth

1 DY

A036 Remnant Pile Dike Removal 1 DY

MRM 300 - 0.0

A037 Land Based Stone Placement, Graded Stone 2,500lb Stone

REGULATING WORKS - DOGTOOTH BEND PHASE 7

A038 Revetment/Low Bankline Repairs, Graded Stone A

a. First 142,860 tons 142,860 TN

b. All over 142,860 tons 95,240 TN

A039 High Bankline Repair, Land Based Stone Placement, Graded Stone 2,500lb

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

A040 Structure Construction, Graded Stone A

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

ILLINOIS RIVER MILES 80-0

A041 Mobilization and Demobilization 1 EA

A042 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. First 15,850 tons 15,850 TN

b. All over 15,580 tons 10,570 TN

A043 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sties

a. First 12,800 tons 12,800 TN

b. All over 12,800 tons 8,530 TN

OTHER

A044 Quality Control Surveys 6 EA

A045 Debris Removal 1 DY

A046 Bonds 1 JA

TOTAL

ABBREVIATIONS

EA Each

JA Job

TN Ton

DY Day

EXHIBIT B

ORDERING PERIOD 2

(1 September 2024 - 31 August 2025)

Quantity

Uni t

B001 Mobilization and Demobilization 1 EA

B002 Structure Construction, Graded Stone A

a. first 5,000 tons 5,000 TN

b. all over 5,000 tons 3,330 TN

B003 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. first 9,630 tons 9,630 TN

b. all over 9,630 tons 6,420 TN

B004 Revetment/Bankline Repairs, Graded Stone A

a. first 1,200 tons 1,200 TN

b. all over 1,200 tons 800 TN

B005 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sites

a. first 6,020 tons 6,020 TN

b. all over 6,020 tons 4,010 TN

B006 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B007 Notch Existing Structure and Recycle Stone, Shallow Draft Work Sites

B008 Mobilization and Demobilization 1 EA

B009 Structure Construction, Graded Stone A

a. first 12,100 tons 12,100 TN

b. all over 12,1000 tons 8,060 TN

B010 Revetment/Bankline Repairs, Graded Stone A

a. first 10,300 tons 10,300 TN

b. all over 10,300 tons 6,850 TN

B011 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

B012 Structure Removal, 0-25 ft Depth 1 DY

B013 Structure Removal, 26-45 ft Depth 1 DY

B014 Mobilization and Demobilization 1 EA

B015 Structure Construction, Graded Stone A

a. first 12,200 tons 12,200 TN

b. all over 12,200 tons 8,100 TN

B016 Revetment/Bankline Repairs, Graded Stone A

a. first 6,100 tons 6,100 TN

b. all over 6,100 tons 4,100 TN

B017 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

B018 Structure Removal, 0-25 ft Depth 1 DY

B019 Structure Removal, 26-45 ft Depth 1 DY

B020 Structure Construction, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B021 Structure Construction, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B022 Gradual Slope Revetment, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B023 Gradual Slope Revetment, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B024 Notch Existing Structure and Recycle Stone, Shallow Draft Work, RM 300-195

a. first 3,880 tons 3,880 TN

b. all over 3,880 tons 2,590 TN

B025 Pile Dike Construction, Wooden Piles, RM 300-195

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

B026 Structure Construction, Graded Stone A, RM 195-98.6

a. first 17,400 tons 17,400 TN

b. all over 17,400 tons 11,600 TN

B027 Revetment/Bankline Repairs, Graded Stone A, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B028 Pile Dike Construction, Wooden Piles, RM 195-98.6

a. first 360 piles 360 EA

b. all over 360 tons 240 EA

B029 Notch Existing Structure and Recycle Stone, RM 195-98.6

a. first 1,200 tons 1,200 TN

b. all over 1,200 tons 800 TN

B030 Structure Construction, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B031 Revetment/Bankline Repairs, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B032 Pile Dike Construction, Wooden Piles, RM 98.6-0

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

B033 Notch Existing Structure and Recycle Stone, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

B034 Notch and Drag Stone, 0-25 ft Dig Depth 1 DY

B035 Notch and Drag Stone, 26-45 ft Dig Depth

B036 Remnant Pile Dike Removal 1 DY

B037 Land Based Stone Placement, Graded Stone 2,500lb Stone

REGULATING WORKS - DOGTOOTH BEND PHASE 7

B038 Revetment/Low Bankline Repairs, Graded Stone A

a. First 9,000 tons 9,000 TN

b. All over 9,000 tons 6,000 TN

B039 High Bankline Repair, Land Based Stone Placement, Graded Stone 2,500lb

a. First 87,100 tons 87,100 TN

b. All over 87,100 tons 58,100 TN

B040 Structure Construction, Graded Stone A

B041 Mobilization and Demobilization 1 EA

B042 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. First 600 tons 600 TN

b. All over 600 tons 0 TN

B043 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sties

b. All over 600 tons 0 TN

B044 Quality Control Surveys 1 EA

B045 Debris Removal 1 DY

B046 Bonds 1 JA

EA Each

JA Job

EXHIBIT C

ORDERING PERIOD 3

(1 September 2025 - 31 August 2026)

Quantity

Uni t

C001 Mobilization and Demobilization 1 EA

C002 Structure Construction, Graded Stone A

a. first 5,000 tons 5,000 TN

b. all over 5,000 tons 3,330 TN

C003 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. first 9,630 tons 9,630 TN

b. all over 9,630 tons 6,420 TN

C004 Revetment/Bankline Repairs, Graded Stone A

a. first 1,200 tons 1,200 TN

b. all over 1,200 tons 800 TN

C005 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sites

a. first 6,020 tons 6,020 TN

b. all over 6,020 tons 4,010 TN

C006 Notch Existing Structure and Recycle Stone

b. all over 600 tons 1 TN

C007 Notch Existing Structure and Recycle Stone, Shallow Draft Work Sites

C008 Mobilization and Demobilization 1 EA

C009 Structure Construction, Graded Stone A

a. first 12,100 tons 12,100 TN

b. all over 12,1000 tons 8,060 TN

C010 Revetment/Bankline Repairs, Graded Stone A

a. first 10,300 tons 10,300 TN

b. all over 10,300 tons 6,850 TN

C011 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

C012 Structure Removal, 0-25 ft Depth 1 DY

C013 Structure Removal, 26-45 ft Depth 1 DY

C014 Mobilization and Demobilization 1 EA

C015 Structure Construction, Graded Stone A

a. first 12,200 tons 12,200 TN

b. all over 12,200 tons 8,100 TN

C016 Revetment/Bankline Repairs, Graded Stone A

a. first 6,100 tons 6,100 TN

b. all over 6,100 tons 4,100 TN

C017 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

C018 Structure Removal, 0-25 ft Depth 1 DY

C019 Structure Removal, 26-45 ft Depth 1 DY

C020 Structure Construction, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

C021 Structure Construction, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

C022 Gradual Slope Revetment, Graded Stone C, RM 300-195

C023 Gradual Slope Revetment, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

C024 Notch Existing Structure and Recycle Stone, Shallow Draft Work, RM 300-195

a. first 3,880 tons 3,880 TN

b. all over 3,880 tons 2,590 TN

C025 Pile Dike Construction, Wooden Piles, RM 300-195

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

C026 Structure Construction, Graded Stone A, RM 195-98.6

a. first 9,000 tons 9,000 TN

b. all over 9,000 tons 6,000 TN

C027 Revetment/Bankline Repairs, Graded Stone A, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons TN

C028 Pile Dike Construction, Wooden Piles, RM 195-98.6

a. first 420 piles 420 EA

b. all over 420 tons 280 EA

C029 Notch Existing Structure and Recycle Stone, RM 195-98.6

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

C030 Structure Construction, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

C031 Revetment/Bankline Repairs, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

C032 Pile Dike Construction, Wooden Piles, RM 98.6-0

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

C033 Notch Existing Structure and Recycle Stone, RM 98.6-0

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

C034 Notch and Drag Stone, 0-25 ft Dig Depth 1 DY

C035 Notch and Drag Stone, 26-45 ft Dig Depth

C036 Remnant Pile Dike Removal 1 DY

C037 Land Based Stone Placement, Graded Stone 2,500lb Stone

REGULATING WORKS

C038 Revetment, Graded Stone A

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

C039 Land Based Stone Placement, Graded Stone 2,500lb

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

C040 Structure Construction, Graded Stone A

C041 Mobilization and Demobilization 1 EA

C042 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. First 600 tons 600 TN

b. All over 600 tons 0 TN

C043 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sties

C044 Quality Control Surveys 1 EA

C045 Debris Removal 1 DY

C046 Bonds 1 JA

EA Each

JA Job

EXHIBIT D

ORDERING PERIOD 4

(1 September 2026 - 31 August 2027)

Quantity

Uni t

D001 Mobilization and Demobilization 1 EA

D002 Structure Construction, Graded Stone A

a. first 5,000 tons 5,000 TN

b. all over 5,000 tons 3,330 TN

D003 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. first 9,630 tons 9,630 TN

b. all over 9,630 tons 6,420 TN

D004 Revetment/Bankline Repairs, Graded Stone A

a. first 1,200 tons 1,200 TN

b. all over 1,200 tons 800 TN

D005 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sites

a. first 6,020 tons 6,020 TN

b. all over 6,020 tons 4,010 TN

D006 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D007 Notch Existing Structure and Recycle Stone, Shallow Draft Work Sites

D008 Mobilization and Demobilization 1 EA

D009 Structure Construction, Graded Stone A

a. first 12,100 tons 12,100 TN

b. all over 12,1000 tons 8,060 TN

D010 Revetment/Bankline Repairs, Graded Stone A

a. first 10,300 tons 10,300 TN

b. all over 10,300 tons 6,850 TN

D011 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

D012 Structure Removal, 0-25 ft Depth 1 DY

D013 Structure Removal, 26-45 ft Depth 1 DY

D014 Mobilization and Demobilization 1 EA

D015 Structure Construction, Graded Stone A

a. first 12,200 tons 12,200 TN

b. all over 12,200 tons 8,100 TN

D016 Revetment/Bankline Repairs, Graded Stone A

a. first 6,100 tons 6,100 TN

b. all over 6,100 tons 4,100 TN

D017 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

D018 Structure Removal, 0-25 ft Depth 1 DY

D019 Structure Removal, 26-45 ft Depth 1 DY

D020 Structure Construction, Graded Stone C, RM 300-195

b. all over 600 tons 1 TN

D021 Structure Construction, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D022 Gradual Slope Revetment, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D023 Gradual Slope Revetment, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D024 Notch Existing Structure and Recycle Stone, Shallow Draft Work, RM 300-195

a. first 3,880 tons 3,880 TN

b. all over 3,880 tons 2,590 TN

D025 Pile Dike Construction, Wooden Piles, RM 300-195

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

D026 Structure Construction, Graded Stone A, RM 195-98.6

a. first 9,000 tons 9,000 TN

b. all over 9,000 tons 6,000 TN

D027 Revetment/Bankline Repairs, Graded Stone A, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons TN

D028 Pile Dike Construction, Wooden Piles, RM 195-98.6

a. first 420 piles 420 EA

b. all over 420 tons 280 EA

D029 Notch Existing Structure and Recycle Stone, RM 195-98.6

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

D030 Structure Construction, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D031 Revetment/Bankline Repairs, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

D032 Pile Dike Construction, Wooden Piles, RM 98.6-0

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

D033 Notch Existing Structure and Recycle Stone, RM 98.6-0

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

D034 Notch and Drag Stone, 0-25 ft Dig Depth 1 DY

D035 Notch and Drag Stone, 26-45 ft Dig Depth

D036 Remnant Pile Dike Removal 1 DY

D037 Land Based Stone Placement, Graded Stone 2,500lb Stone

D038 Revetment, Graded Stone A

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

D039 Land Based Stone Placement, Graded Stone 2,500lb

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

D040 Structure Construction, Graded Stone A

D041 Mobilization and Demobilization 1 EA

D042 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. First 600 tons 600 TN

b. All over 600 tons 0 TN

D043 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sties

D044 Quality Control Surveys 1 EA

D045 Debris Removal 1 DY

D046 Bonds 1 JA

EA Each

JA Job

Exhibit E

ORDERING PERIOD 5

(1 September 2027 - 31 August 2028)

Quantity

Uni t

E001 Mobilization and Demobilization 1 EA

E002 Structure Construction, Graded Stone A

a. first 5,000 tons 5,000 TN

b. all over 5,000 tons 3,330 TN

E003 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. first 9,630 tons 9,630 TN

b. all over 9,630 tons 6,420 TN

E004 Revetment/Bankline Repairs, Graded Stone A

a. first 1,200 tons 1,200 TN

b. all over 1,200 tons 800 TN

E005 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sites

a. first 6,020 tons 6,020 TN

b. all over 6,020 tons 4,010 TN

E006 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

E007 Notch Existing Structure and Recycle Stone, Shallow Draft Work Sites

E008 Mobilization and Demobilization 1 EA

E009 Structure Construction, Graded Stone A

a. first 12,100 tons 12,100 TN

b. all over 12,1000 tons 8,060 TN

E010 Revetment/Bankline Repairs, Graded Stone A

a. first 10,300 tons 10,300 TN

b. all over 10,300 tons 6,850 TN

E011 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

E012 Structure Removal, 0-25 ft Depth 1 DY

E013 Structure Removal, 26-45 ft Depth 1 DY

E014 Mobilization and Demobilization 1 EA

E015 Structure Construction, Graded Stone A

a. first 12,200 tons 12,200 TN

b. all over 12,200 tons 8,100 TN

E016 Revetment/Bankline Repairs, Graded Stone A

a. first 6,100 tons 6,100 TN

b. all over 6,100 tons 4,100 TN

E017 Notch Existing Structure and Recycle Stone

a. first 600 tons 600 TN

b. all over 600 tons 400 TN

E018 Structure Removal, 0-25 ft Depth 1 DY

E019 Structure Removal, 26-45 ft Depth 1 DY

E020 Structure Construction, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

E021 Structure Construction, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

E022 Gradual Slope Revetment, Graded Stone C, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

E023 Gradual Slope Revetment, Graded Stone C, Shallow Draft Work Sites, RM 300-195

a. first 600 tons 600 TN

b. all over 600 tons 1 TN

E024 Notch Existing Structure and Recycle Stone, Shallow Draft Work, RM 300-195

a. first 3,880 tons 3,880 TN

b. all over 3,880 tons 2,590 TN

E025 Pile Dike Construction, Wooden Piles, RM 300-195

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

E026 Structure Construction, Graded Stone A, RM 195-98.6

a. first 9,000 tons 9,000 TN

b. all over 9,000 tons 6,000 TN

E027 Revetment/Bankline Repairs, Graded Stone A, RM 195-98.6

a. first 600 tons 600 TN

b. all over 600 tons TN

E028 Pile Dike Construction, Wooden Piles, RM 195-98.6

a. first 420 piles 420 EA

b. all over 420 tons 280 EA

E029 Notch Existing Structure and Recycle Stone, RM 195-98.6

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

E030 Structure Construction, Graded Stone A, RM 98.6-0

a. first 600 tons 600 TN

E031 Revetment/Bankline Repairs, Graded Stone A, RM 98.6-0

E032 Pile Dike Construction, Wooden Piles, RM 98.6-0

a. first 100 piles 100 EA

b. all over 100 tons 1 EA

E033 Notch Existing Structure and Recycle Stone, RM 98.6-0

a. first 4,500 tons 4,500 TN

b. all over 4,500 tons 3,000 TN

E034 Notch and Drag Stone, 0-25 ft Dig Depth 1 DY

E035 Notch and Drag Stone, 26-45 ft Dig Depth

E036 Remnant Pile Dike Removal 1 DY

E037 Land Based Stone Placement, Graded Stone 2,500lb Stone

E038 Revetment, Graded Stone A

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

E039 Land Based Stone Placement, Graded Stone 2,500lb

a. First 600 tons 600 TN

b. All over 600 tons 1 TN

E040 Structure Construction, Graded Stone A

E041 Mobilization and Demobilization 1 EA

E042 Structure Construction, Graded Stone A, Shallow Draft Work Sites

a. First 600 tons 600 TN

b. All over 600 tons 0 TN

E043 Revetment/Bankline Repairs, Graded Stone A, Shallow Draft Work Sties

E044 Quality Control Surveys 1 EA

E045 Debris Removal 1 DY

E046 Bonds 1 JA

EA Each

JA Job

Section 00 10 00 - Solicitation

AFARS CLAUSE

5152.211-9000 EVALUATION OF SUBLINE ITEMS (DEC 2019)

Item Nos. X002-X007, X009-X011, X015-X017, X020-X033, X037-X040, and X042-X043 of each ordering period are subdivided into two or more estimated quantities and are to be separately priced. The Government will evaluate each of these items on the basis of total price of its subline items.

(End of provision)

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Job Construction & Maintenance

FFP

Bidding Schedule EXHIBIT A - Ordering Period 1 EXHIBIT B - Ordering Period 2 EXHIBIT C - Ordering Period 3 EXHIBIT D - Ordering Period 4 EXHIBIT E - Ordering Period 5 FOB: Destination

PSC CD: Y1PZ

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2023 TO

31-AUG-2028

N/A CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130 FOB: Destination

966402

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price Single Award Task Order Contract (SATOC) resulting from this solicitation.

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

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

(b) River sites are accessible by the public and no formal right of entry is required for river-based inspection. Sites can also be viewed using Google Earth.

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

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

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (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

SPECIAL CONTRACT REQUIREMENTS

1) FAR provision 52.229-11 and FAR clause 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons – such as foreign contractors. It implements the Department of the Treasury’s final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S.

Government to foreign persons pursuant to certain contracts.

Pursuant to the FAR 52.229-3 Federal, State, and Local Taxes, taxes imposed under 26 U.S.C. 5000 C may not be included in the contract price or reimbursed.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/W14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each contract payment. Failure to submit an IRS Form W-14 with each payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Lines 6 and 7.

Line 6 Contract/reference number: W912P923B0003 Line 7 “Name and address of the acquiring agency”: U.S. Army Corps of Engineers, St. Louis District, 1222 Spruce Street, St. Louis, MO 63103

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax professionals for advice concerning the provision, clause, and exclusions exclusion/submission of IRS Form W-14. Additional information is also available at:

Notwithstanding the above, the USACE does not have a means of withholding this excise tax at this time.

As a result, contractors are expected to comply with the instructions above and to properly complete and return the W-14 at proposal submission, and with each pay application. The amount due for each withholding will be confirmed by USACE, BUT WILL NOT BE WITHHELD. It is the contractor’s responsibility to set aside, or remit to the IRS, the amount confirmed by USACE. Whether the contractor sets the money aside for future payment to the IRS, or makes payment to the IRS, is the contractor’s discretion, based on its analysis of the regulations regarding the excise tax. In the event that USACE is able to withhold during contract performance, it will notify the contractor and make such a withholding (including any catch up withholdings); no advance notice is required to the contractor prior to the withholding. Under no circumstances is USACE liable for any tax not paid by the contractor. The contractor is liable for the tax, to the extent required by law, regardless of whether USACE makes a withholding.

FAR 29.204 expressly states that “[a]gencies merely withhold the tax (section 5000C tax) for the Internal Revenue Service (IRS). All substantive issues regarding the underlying section 5000C tax, e.g., the imposition of, and exemption from the tax, are matters under the jurisdiction of the IRS.” Therefore, we cannot help you determine how the tax law applies to you. We strongly recommend that you contact the IRS and/or a tax professional should you have any questions of this nature. To be clear, this information does not constitute tax advice or a representation of your tax liability. Furnishing this information does not create liability for the USACE for any Federal, state, or local taxes applicable to the above-referenced contract or any other contract.

For submission requirements and basis of evaluation:

Executed FAR Provision 52.229-11.

Completed IRS Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, if applicable. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment.

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management OCT 2018 52.204-17 Ownership or Control of Offeror AUG 2020 52.209-5 Certification Regarding Responsibility Matters AUG 2020 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.247-7022 Representation of Extent of Transportation by Sea JUN 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

(2) The small business size standard is $45,000,000.

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

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

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

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

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

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

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and…