Solicitation W912P924B0001.pdf

The U. S. Army Corps of Engineers, St. Louis District, is seeking a f irm to complete the excavation of material and the construction of earthen embankments to re-establish a side channel and ridge habitat w ithin the project area. Work associated w ith optional bid items includes the excavation of new side channel entrances, f ill of remnant side channel areas, and construction of stone based grade control structures as needed to address scour concerns. The property is 100% federally ow ned by the project sponsor, the United States Fish and Wildlife Service.

X

TRACY N TENHOLDER 314 331-8257

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

08-Nov-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 _______10 calendar days and complete it w ithin ________365 calendar days after 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 ______________11 Dec 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 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

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:

W912P924B0001 88

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

W912P924B0001

Section 00010 - Solicitation Contract Form

SOLICITATION INFORMATION

A. PROJECT INFORMATION

PROJECT TITLE: Crains Island Habitat Restoration and Enhancement Project (HREP)

TYPE OF SOLICITATION: Invitation for Bid (IFB)

TYPE OF CONTRACT: Firm-Fixed-Price Construction

DISCLOSURE OF THE ESTIMATED MAGNITUDE OF THE PROPOSED CONSTRUCTION

PROJECT: between $5,000,000 and $10,000,000

NAICS CODE: 237990, Other Heavy and Civil Engineering Construction

SIZE STANDARD: $45,000,000.00

COMPETITION: Small Business Set Aside

WAGE DETERMINATION: IL20230016

ATTACHMENTS:

Attachment 1 – Specifications Attachment 2 – Plans Attachment 3 – Crains Island Project Area

B. INQUIRIES:

All technical inquires and questions relating to this solicitation are to be submitted via email to Contract Specialist, Michelle Person, at michelle.r.person@usace.army.mil by 2:00pm CST, 20 November 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).

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 Person at michelle.r.person@usace.army.mil by 10:00 am CST on 11 December 2023.

In accordance with FAR 14.402-1, the Public Bid Opening will be held via Webex at the link/info below at 2:00pm CST, 11 December 2023. In accordance with FAR 14.403, the Abstract of Offers will be documented during this Public Bid Opening, and posted to SAM.gov within twenty-four (24) hours for public inspection.

https://usace1.webex.com/meet/whitney.r.dee Meeting Number: 2762 092 4264

Join by video system Dial https://usace1.webex.com/meet/whitney.r.dee

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access code: 2762 092 4264

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. See 52.236-27 for site visit information.

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.

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT FOR CRAINS ISLAND STAGE II, RANDOLPH COUNTY,

ILLINOIS

U.S. ARMY CORPS OF ENGINEERS DISTRICT, ST. LOUIS, MISSOURI

PROJECT MANAGEMENT BRANCH

U.S. ARMY CORPS OF ENGINEERS DISTRICT, ST. LOUIS, MISSOURI

GENERAL DESCRIPTION OF WORK: The purpose of this Performance Work Statement (PWS) is to describe services under a new contract required to restore / enhance the environmental habitat at the Crains Island Habitat Restoration and Enhancement Project (HREP) near Chester, IL. See Attachment 3-Crains Island Project Area. Work shall commence upon award of this new contract.

1.0 SCOPE

The scope of this PWS is to construct Stage II of the Crains Island HREP. The work in the base contract will involve excavation of material and the construction of earthen embankments to re-establish a side channel and ridge habitat within the project area. Work associated with optional bid items includes the excavation of new side channel entrances, fill of remnant side channel areas, and construction of stone based grade control structures as needed to address scour concerns. The property is 100% federally owned by the project sponsor, the United States Fish and Wildlife Service.

1.1. Background

The Crains Island HREP was first proposed as a project for the Upper Mississippi River Restoration (UMRR) Program around 2013. A fact sheet was developed and approved in 2015. In 2018, the project Feasibility Report was completed. Stage 1 construction contract award was issued in January, 2020 and work was completed in June 2022. Stage 2 design progressed while Stage 1 was under construction.

1.2 Definitions

N/A

2.0 DESCRIPTION OF SERVICES

The services required of the Contractor shall consist of providing the labor, supervision, equipment, and supplies necessary to execute the work according to the Plans and Specifications and within the timelines provided in the solicitation. The Contractor will perform the following tasks:

2.1 Coordination and Pre-Construction Conference

The Contractor shall coordinate all work with the Contracting Officer’s Representative (COR), and the sponsor representative (Middle Mississippi River Refuge Manager). Coordination shall include hosting and participating in a kick-off teleconference prior to initiating work. The Pre-Construction Conference shall occur within 10 business days of task order award.

2.2 Work and Safety Plan

The Contractor shall prepare a Work and Safety Plan within approximately 15 business days of contract award, in accordance with this Performance Work Statement.

2.3 Construction

The Contractor shall provide the technical expertise and necessary equipment to perform the work according to the Plans and Specifications and within the timelines provided in the solicitation.

2.3.1 Side Channel Excavation: The Contractor shall excavate the material in the footprint of the proposed side channel to the dimensions called out on the project plan sheets. Excavated material shall be visually classified to determine suitability for use as fill in other areas of the project.

2.3.2 Ridge Construction: The contractor shall utilize excavated material to construct ridge habitat along the land side of the existing sediment deflection berm (constructed as part of Stage 1 of the project).

2.3.2 Remnant Channel Fill: The contractor shall utilize excavated material to fill remnant side channel areas that are not included in the final side channel footprint for the project.

2.3.3 Stone Grade Control Structures: The contractor shall place appropriately graded stone at the dimensions shown on the plan sheets.

See Attachment 3-Crains Island Project Area

3.0 QUALIFICATIONS AND PROJECT COORDINATION

3.1 Weekly Coordination Meetings: The Contractor shall conduct weekly on-site coordination meetings at a mutually agreed upon time with the Government. The meeting may be conducted at lesser intervals if mutually agreed upon by the Government and Contractor.

3.2 Contractor Project Manager: The Contractor Project Manager shall mean the individual with responsibility for the overall management of the project including quality and production.

3.3 Contractor Quality Control (CQC) System Manager: The District requires that the Contractor identify as Contractor Quality Control (CQC) an individual within the onsite work organization that is responsible for overall management of CQC and has the authority to act in all CQC matters for the Contractor. The CQC System Manager shall report to the project manager or someone higher in the Contractor's organization. The CQC System Manager is required to be a graduate engineer, or a graduate of construction management, with a minimum of 3 years construction experience on construction similar to this Contract or a construction person with a minimum of 5 years in related work as a construction manager. This CQC System Manager is on the site at all times during construction and is employed by the prime Contractor. The CQC System Manager is may not serve as the Site Superintendent, but may serve as the SSHO. Identify in the plan an alternate to serve in the event of the CQC System Manager's absence. The requirements for the alternate are the same as the CQC System Manager.

3.4 Contractor Safety and Health Manager: The District requires that the Contractor identify a Safety and Health Manager to serve as a member of the CQC staff personnel identified in the project specifications. The Safety and Health Manager reports directly to the senior project (or corporate) official independent from the CQC System Manager.

4.0 GOVERNMENT FURNISHED PROPERTY

The Contractor shall supply the necessary labor, supervision, transportation, equipment, and supplies, with no exceptions.

5.0 PERFORMANCE REQUIREMENT SUMMARY (PRS)

The contract requirements are summarized in performance objectives that relate directly to requirements. The performance threshold briefly describes the minimally acceptable levels required for each requirement. The project specifications and the contractor’s Quality Control Plan provide information on contract requirements, the expected level of contractor performance, and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success.

Performance Objective/Deliverable

PWS

Paragraph

Performance Threshold/Acceptable

Quality Level

1. The contractor shall arrange for a Pre-Construction Conference with USACE Technical POCs and COR within 10 business days of the contract award. Para. 2.1 90%

2. A draft work and safety plan will be provided within 15 business days of Task Order award. Para 2.2 90%

3. Side Channel Excavation.

Para. 2.3.1 100%

4. Ridge Construction Para. 2.3.2 100%

5. Remnant Channel Fill Para. 2.3.3 100%

6. Contractor shall provide on-site Weekly Coordination Meetings. Para. 3.1 90%

7. Maintain a safe working environment as outlined by EM 385- 1 and other applicable laws including, submission of safety guidelines by Contractor and providing adequate safety training. Per contract 90%

5.1 Quality Assurance

The government shall inspect and evaluate the Contractor’s performance to ensure work is provided in accordance with requirements set forth in this contract. As appropriate to the specific deliverables, Contracting Officer (KO), Points of Contact, or other government technical representatives shall inspect actual work products, physically checking attributes of the completed task, checking a management information report, investigating customer complaints, conferring with program managers, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PWS. When a performance threshold has not been met or

Contractor performance has not been accomplished, the COR will initiate and provide the KO a DD Form 2772, Contract Discrepancy Report (CDR) for issuance to the Contractor. The Contractor shall respond to the CDR in accordance with instructions provided and return it to the KO within 10 calendar days of receipt.

5.2 Performance Assessment

Periodic Validations is a method of assessment that requires the COR to employ a “spot check” style of evaluation.

Periodic validations will be conducted on a scheduled basis (daily, weekly, monthly, quarterly, semi‐annual or annually) and may be adjusted, based on quality trends. Any unsatisfactory inspection (defect) result shall be recorded, and the Contractor shall re‐perform the service after notification by the KO or COR. Failing to meet the performance threshold as outlined in the SDS for any of these performance objectives in any one-month period shall result in a warning or letter of concern from the KO.

6.0 ANTITERRORISM/OPERATIONS SECURITY

6.1 Suspicious Activities Training (e.g. iWATCH, CorpsWatch):

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

6.2 Pre-screen candidates using E-Verify Program:

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/ ) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

6.3 General Security Requirements and Guidance:

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

7.0 SUSTAINABILITY ACQUISITION

7.1 EPA Designated (CPG)

Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit http://www.epa.gov/epawaste/conserve/tools/cpg/products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

7.2 Safer Choice

The contractor shall provide Safer Choice labeled products under this contract, as applicable. The contractor is encouraged to visit http://www2.epa.gov/saferchoice/products for updated lists of qualifying products.

7.3 Energy Star

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

8.0 POINTS OF CONTACT

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Matt Neal U.S. Army Corps of Engineers, St. Louis District 113 W Main St Ste 3, ATTN: EC-C Jackson, MO 63755 Phone: (314) 331-8865 Email: Heather.L.Pobst@usace.army.mil

MIDDLE MISSISSIPPI RIVER NATIONAL WILDLIFE REFUGE MANAGER

Jared Nance U.S. Fish and Wildlife Service 99 S. Main St.

St. Genevieve, MO 63670 Phone: (573) 754-2431 Email: jared_nance@fws.gov

SPECIAL CONTRACT REQUIREMENT

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: W912P924B0001 Line 7 “Name and address of the acquiring agency”:

US 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.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

FOB: Destination

PSC CD: Y1PZ

NET AMT

Excavation, Side Channel -Oxbow Channel

FFP

0002AA 75,000 Cubic

Yard

First 75,000 Cubic Yards

0002AB 24,100 Cubic

All Over 75,000 Cubic Yards

Stripping, Clearing,and Grubbing

0003AA 2.50 Acre First 25 Acres

FFP

0003AB 6.10 Acre All over 25 Acres

FFP

Seeding & Mulching, Fill Placement Areas

0004AA 25 Acre First 25 acres

FFP

0004AB 8.10 Acre All over 25 acres

FFP

0005 1 Job Care of Water

FFP

OPTION Excavation, Side Channel Entrances

0006AA 15,000 Cubic

OPTION First 15000 Cubic Feet

0006AB 45,000 Cubic

OPTION All over 15000 Cubic Yard

OPTION Excavate Guide Structure,RM 105.4

0007AA 2,500 Cubic

OPTION First 2500 Cubic Yard

0007AB 1,100 Cubic

OPTION All over 2500 Cubic Yards

OPTION Construct Stone Guide Structure, RM 105.

0008AA 3,000 Cubic

OPTION First 3000 Tons

0008AB 1,300 Cubic

Meters (Net)

All over 3000 tons

OPTION Excavate Guide Structure, RM 104.9

0009AA 9,000 Cubic

OPTION First 9000 Cubic Yards

0009AB 4,200 Cubic

OPTION All over 9000 Cubic Yard

OPTION Construct Stone Guide Structure RM 104.9

0010AA 3,000 Actual

Tons

OPTION First 3000 Tons

0010AB 1,300 Actual

Tons

OPTION All over 3000 Tons

0011 3.70 Acre OPTION Stripping, Clearing and GRubbing

FFP

0012 5.30 Acre OPTION Seeding&Mulching, FIll Placement Areas-C

FFP

0013 1 Job OPTION Care of Water

FFP

0014 1 Each OPTION Temporary Mobliization & Demobilization

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A N/A 0002AA N/A N/A N/A Government 0002AB N/A N/A N/A Government 0003 N/A N/A N/A N/A 0003AA N/A N/A N/A Government 0003AB N/A N/A N/A Government 0004 N/A N/A N/A N/A 0004AA N/A N/A N/A Government 0004AB N/A N/A N/A Government

0005 N/A N/A N/A Government 0006 N/A N/A N/A N/A 0006AA N/A N/A N/A Government 0006AB N/A N/A N/A Government 0007 N/A N/A N/A N/A 0007AA N/A N/A N/A Government 0007AB N/A N/A N/A Government 0008 N/A N/A N/A N/A 0008AA N/A N/A N/A Government 0008AB N/A N/A N/A Government 0009 N/A N/A N/A N/A 0009AA N/A N/A N/A Government 0009AB N/A N/A N/A Government 0010 N/A N/A N/A N/A 0010AA N/A N/A N/A Government 0010AB N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ANP 1 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

966402

0002 N/A N/A N/A N/A

0002AA 365 dys. ANP 75,000 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0002AB 365 dys. ANP 24,100 (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA 365 dys. ANP 2.50 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0003AB 365 dys. ANP 6.10 (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA 365 dys. ANP 25 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0004AB 365 dys. ANP 8.10 (SAME AS PREVIOUS LOCATION)

0005 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0006 N/A N/A N/A N/A

0006AA 365 dys. ANP 15,000 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0006AB 365 dys. ANP 45,000 (SAME AS PREVIOUS LOCATION)

0007 N/A N/A N/A N/A

0007AA 365 dys. ANP 2,500 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0007AB 365 dys. ANP 1,100 (SAME AS PREVIOUS LOCATION)

0008 N/A N/A N/A N/A

0008AA 365 dys. ANP 3,000 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0008AB 365 dys. ANP 1,300 (SAME AS PREVIOUS LOCATION)

0009 N/A N/A N/A N/A

0009AA 365 dys. ANP 9,000 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0009AB 365 dys. ANP 4,200 (SAME AS PREVIOUS LOCATION)

0010 N/A N/A N/A N/A

0010AA 365 dys. ANP 3,000 CONSTRUCTION BRANCH

TONY JONES

1222 SPRUCE STREET

ST. LOUIS MO 63103-2833

314-331-8130

0010AB 365 dys. ANP 1,300 (SAME AS PREVIOUS LOCATION)

0011 365 dys. ANP 3.70 (SAME AS PREVIOUS LOCATION)

0012 365 dys. ANP 5.30 (SAME AS PREVIOUS LOCATION)

0013 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0014 365 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

CLAUSES INCORPORATED BY FULL TEXT

52.214-12 PREPARATION OF BIDS (APR 1984)

(a) Bidders are expected to examine the drawings, specifications, Schedule, and all instructions. Failure to do so will be at the bidder's risk.

(b) Each bidder shall furnish the information required by the solicitation. The bidder shall sign the bid and print or type its name on the Schedule and each continuation sheet on which it makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(c) For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

(d) Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

(e) Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

(f) Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

(End of provision)

52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)

(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

(d) Alternate bids will not be considered unless this solicitation authorizes their submission.

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.

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C- 1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract;

and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

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.

(b) An organized site visit has been scheduled for--

Date: 16 November 2023 Time: 10:00am CST

POC: Matthew Neal – 314-952-5044

(c) Participants will meet at-- Crains Island, Chester IL 62233

The area near the intersection of the Crains Island Berm and the Bois Brule Levee.

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):

www.acquisition.gov

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

Improper Activity

MAY 2014

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

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAR 2023 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

52.210-1 Market Research NOV 2021 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 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.214-28 Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding

JUN 2020

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-9 Alt I Small Business Subcontracting Plan (OCT 2022) Alternate I NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and…