B.08.02 CHL020_IFB_SPECS.pdf

US Army Corps of Engineers Alaska District

CHL020

RIVER BALING DECK

CHENA RIVER LAKES FLOOD CONTROL PROJECT

NORTH POLE, ALASKA

W911KB20B0004

IFB

February 2020

RIVER BALING DECK (CHL020)

CHENA RIVER LAKES FLOOD CONTROL

PROJECT

NORTH POLE, ALASKA

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 11 00 STANDARD FORM 1442

CAUTION TO BIDDERS

BID SCHEDULE

00 21 00 INSTRUCTIONS TO BIDDERS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 CONTRACT CLAUSES

00 73 00.00 29 SPECIAL CONTRACT REQUIREMENTS

00 73 46 WAGE DETERMINATION

DIVISION 01 – GENERAL REQUIREMENTS

01 19 40.00 29 SPECIAL ITEMS (CIVIL WORKS)

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

ATTACHMENT 1 – SUBMITTAL REGISTER

ATTACHMENT 2 – TRANSMITTAL ENGINEERING FORM 4025-R

01 35 26 GOVERNMENT SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15.10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 29 CONTRACTOR QUALITY CONTROL

ATTACHMENT 1 – CONTRACTORS QUALITY CONTROL REPORT

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 20.01 29 ENVIRONMENTAL PROTECTION

01 57 34.00 29 STORM WATER POLLUTION PREVENTION MEASURES

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 31 – EARTHWORK

31 00 00 EARTHWORK

31 41 16 SHEET METAL PILING INSTALLATION

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSE

-- END OF PROJECT TABLE OF CONTENTS--

(INTENTIONALLY LEFT BLANK)

NAICS: 237990 SIZE STANDARD: $39.5 MILLION

TOTAL SMALL BUSINESS SET-ASIDE

PROJECT TITLE/LOCATION: River Baling Deck, Chena River Lakes Flood Control Project, North Pole, Alaska

Description of Work: Construct a river debris baling deck at the Chena River Lakes Flood Control Project. The baling deck w ill be located upstream of the Moose Creek Dam outlet control w orks and w ill support a lattice boom craw ler crane for the removal of debris (trees and stumps) trapped at the gates of the dam. The baling deck w ill be a closed cell sheet pile structure approximately 155 feet long consisting of three cells each 50 feet in diameter. Sheet piling for the closed cells and cell backfill material w ill be furnished by the Government.

SUBJECT TO THE AVAILABILITY OF FUNDS

X

JOHN L MCCOMAS 907-753-2593

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

03-Feb-2020

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

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

local time ______________04 Mar 2020 (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

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

JBER AK 99506-0898

W911KB

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed offers in original and ____1______ copies to perform the w ork required are due at the place specif ied in Item 8 by __2:_0_0 _P__M__ (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W911KB20B0004 69

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

(INTENTIONALLY LEFT BLANK)

CAUTION TO BIDDERS

!!!CAUTION TO BIDDERS!!!

(a) BUSINESS HOURS: Bids will be accepted in Room 30 during Alaska District Corps of Engineers business hours (7:30 AM to 4:30PM) Monday through Friday excluding holidays up to the date bids are due.

On the date bids are due the business hours will be 7:30 AM up to the time bids are due.

(b) SUBMIT OFFERS: To hand deliver a bid use the following address:

U.S. Army Corps of Engineers, Alaska District 2204 3rd Street, Room 30, Attn: John McComas JBER, Alaska

See Section 00 21 00, Instructions to Bidders for JBER access instructions. Please be sure to submit offers by the time specified on Standard Form 1442, Block 13A or as amended. Any bids that are received at the designated Government office after the exact time specified for receipt of bids will be considered “late: and will be subject to the procedures in FAR 14.304 and 52.214-7.

(c) VISITORS TO JBER: Please note that base entry procedures have changed. See Section 00 21 00 Instructions to Bidders for JBER access information.

(d) AMENDMENTS: Have you acknowledged receipt of ALL amendments on the SF1442? If in doubt as to the number of amendments issued, please contact John McComas, (907) 753-2593 or Christine Dale, (907) 753-5618. See also FAR 52.214-3, Amendments to Invitations for Bids in Section 00 21 00.

(e) AMENDED SOLICITATION PAGES: If any of the amendments furnished amended pages, the amended pages must be used in submitting your offer.

(f) BID GUARANTEE: Sufficient offer guarantee in proper form (SF 24) must be furnished with your bid.

(g) MISTAKES: Have you reviewed your offer price for possible errors in calculation or work left out?

(h) BID ACCEPTANCE PERIOD: The minimum OFFER acceptance period is specified in Block 13D of the Standard Form 1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your bid.

(i) WEB-SITE: The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the Federal Business Opportunities website at www.fbo.gov.

Section 00 11 01 - CLIN SCHEDULE

CLIN SCHEDULE

BID SCHEDULE

CHL020, River Baling Deck Chena River Lakes Flood Control Project

North Pole, Alaska

Item No. Description Qty Unit Unit Price Total Amount

BASE ITEMS

0001 Construct River Baling Deck, complete. 1 Job $___________ $___________

Total of All Items: $___________

EVALUATION OF BIDS:

1. AWARD: Award will be made to the low, responsive, responsible bidder.

2. INCOMPLETE BIDS: Failure to submit a bid on all items in the schedule will result in an incomplete bid and the bid will be rejected. Job or unit prices must be shown for each item within the schedule.

3. MISTAKES IN BIDS: Apparent clerical mistakes and arithmetic discrepancies will be addressed in accordance with FAR Part 14.407, MISTAKES IN BIDS.

-- END OF PROPOSAL SCHEDULE --

Section 00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

INSTRUCTIONS TO BIDDERS

1. MAGNITUDE OF CONSTRUCTION

The magnitude of this project is between $1,000,000 and $5,000,000.

2. SOLICITATION

The solicitation in electronic format only will be available for download at www.fbo.gov. Reference synopsis for download instructions.

3. BOND AMOUNT REQUIRED (FAR CLAUSE 52.228-15)

Performance and Payment Bonds:

(1) The penal amount of the bonds shall be 100 percent of the original price.

(2) The Government may require additional bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The Government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or obtain an additional bond.

4. BID GUARANTEE (FAR CLAUSE 52.228-1)

The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

5. OFFEROR'S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

Contract Specialist – Primary POC (John McComas) U.S. Army Engineer District, Alaska ATTN: CEPOA-CT (McComas) P.O. Box 6898 JBER, Alaska 99506-0898 Phone: 907-753-2593 Email: john.l.mccomas@usace.army.mil. With a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil.

Bidder Inquiry

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org) No Later Than (NLT) 7 Calendar Days prior to bid submission. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted in an amendment to the solicitation in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are finalized. In the event of a conflict between the bidder inquiry responses and the solicitation, the solicitation shall govern.

The Bidder Inquiry Key is: S8TUY5-378QP8

The Solicitation Number is: W911KB20B0004

Specific Instructions for ProjNet Bid Inquiry Access:

1) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2) Identify the Agency. This should be marked as USACE.

3) Key. Enter the Bidder Inquiry Key listed above.

4) Email. Enter the email address you would like to use for communication.

5) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1) For future access to ProjNet, you will not be provided any type of password. You will utilize your

Secret Question and Secret Answer to log in.

2) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3) Identify the Agency. This should be marked as USACE.

4) Key. Enter the Bidder Inquiry Key listed above.

5) Email. Enter the email address you used to register previously in ProjNet.

6) Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

6. PRE-BID CONFERENCE CALL

See 52.236-27 – Site Visit (Construction) for pre-bid conference call and site visit information.

7. BID SUBMISSION INSTRUCTIONS

Bidders must email, mail or deliver bids to be received no later than the date and time stated on the standard form (SF) 1442 or subsequent solicitation amendment. Questions concerning bid receipt can be directed to the Contract Specialist/Contracting Officer listed in the solicitation.

Bidders are advised to plan accordingly. No arrangements will be made by the government to assist in bid delivery. Day-pass procedures will not be used for bid delivery purposes nor are there bid pick-up services.

No escort services will be provided. It is incumbent on the bidder to plan for unanticipated delays in delivery of bids. Due to heightened security at Government installations, visitors to Joint Base Elmendorf-Richardson (JBER) must use the Boniface Gate (Visitor Center). All vehicle occupants are required to wear seatbelts and hand-held cell phone usage by vehicle operators while driving on base/post is prohibited. Violators will lose their Base/Post driving privileges for these offenses.

Bidders who will have their bids hand-delivered, or use personal delivery services such as DHL, UPS or FedEx, the delivery must be by person, courier or personal delivery service with active base access.

Bids will be received no later than the date and time stated on the SF1442 or subsequent solicitation amendment at:

Mailing Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (McComas) PO Box 6898 JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN: CEPOA-CT (McComas, Room 30) 2204 3rd Street JBER, Alaska 99506

Bids will be accepted in Room 30 during Alaska District Corps of Engineer business hours (7:30 AM to 4:30PM) Monday through Friday excluding holidays until the date and time stated on the SF1442 or subsequent solicitation amendment. Bidders are advised that the Alaska District Corps of Engineers building has limited access. Only the main door (in front under the Corps of Engineers red flag facing Talley Road which used to be known as Bluff Road) and the atrium doors (the tan addition to the main building located on Third Street/Fairchild Avenue) are open to individuals without a building pass. Room 30 is located in the basement (turn right if using the center stairs or elevator). There is a date/time stamp located at the front desk in Room 30 and is the official clock used for bid receipt.

The Packaging that contains the Bids shall be marked:

”Bids for Solicitation Number: W911KB20B0004, DO NOT OPEN”

(Note: Facsimile bids or amendments will be NOT accepted however bids may be e-mailed per instructions below.)

Bids will be publicly opened. Information concerning the status of the bids will be available after receipt of bid verification.

8. E-MAILED BIDS

E-mail bids will be accepted and must reach the intended recipients by the time specified in the solicitation or subsequent amendment. However the only type of bid guarantee that will be accepted by electronic means is a bid bond at bid opening. Any other type of bid guarantee will only be accepted in original format.

E-mailed bids must contain the required signatures. E-mailed bids that fail to furnish required representations or information or that reject any of the terms, conditions, or provisions of the solicitation may be excluded from consideration.

If the bidder chooses to e-mail a bid, the Government will not be responsible for any delay or failure in the transmission or receipt of the bid. It is recommended that the bidder contact the intended recipient to confirm receipt prior to the due date and time specified in the solicitation.

Email bid to: john.l.mccomas@usace.army.mil with a courtesy copy to the Contracting Officer christine.a.dale@usace.army.mil.

9. BID OPENING LOCATION AND CONFERENCE CALL INFORMATION

The Bid Opening will be held in the following location at the date and time stated on the SF1442 or subsequent solicitation amendment:

USACE, AK District 2204 3rd Street (Room 63)

JBER, AK 99506

Offerors are notified that the government will be setting up an audio conference call for the bid opening.

Teleconference Info:

Dial-In Number 1-877-336-1839 Access Code and Security Code 9400133

10. EXCLUSION OF DEBARRED AND SUSPENDED CONTRACTORS

By entering into this contract, the Contractor certifies that neither it, nor any person or firm who has an interest in the Contractor's firm, is a person, or firm ineligible to be awarded Government contracts by virtue of being suspended or debarred in accordance with FAR subpart 9.4.

11. CORPORATION, JOINT VENTURE, AND LLC PROPOSAL REQUIREMENTS

All bidders must submit one of the certificates associated with their business enterprise (corporation, JV, LLC) located in this solicitation.

BUSINESS CERTIFICATIONS

If the offer is submitted by a corporation, partnership, Joint Venture or an LLC, the applicable form listed must be completed. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

NOTE: LLCs must submit Operating Agreement & Articles of Organization with their certificate.

CORPORATION

I, , certify that I am of the corporation named as

Contractor herein, that who signed this contract on behalf of the Contractor was then of said governing body and is within the scope of its corporate powers.

CORPORATE SEAL SIGNED:

LIMITED LIABILITY COMPANY (LLC)

I, , certify that I am the of the LLC named as

Offeror/Contractor herein; that who signed this offer/contract on behalf of the

Offeror/Contractor was then of said LLC; that said offer/contract was duly signed for and on behalf of said LLC by authority of its governing body, and is within the scope of its corporate powers.

SIGNED:

Name:

Title:

SIGNED:

Name:

Title:

In addition provide a copy of LLC Operating Agreement and Articles of Organization showing which members are authorized to sign documents binding the company.

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State "none" or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

(Type or Print Name) (Signature)

W911KB20B0004

JOINT VENTURE

I, , certify that I am the Secretary of the Corporation named as

Offeror/Contractor Herein, that who signed this offer/contract on behalf of the Offeror/Contractor was then of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said corporation this day of

CORPORATE SEAL SIGNED:

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

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

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--

(i) By signing and returning the amendment;

(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;

(iii) By letter;

(iv) By facsimile, if facsimile bids are authorized in the solicitation; or

(v) By email, if email bids are authorized in the solicitation.

(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

52.214-5 SUBMISSION OF BIDS (DEC 2016)

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

(End of provison)

52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

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

2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

8.7% Alaska

15.1% (Locations outside City of Anchorage, Alaska)

6.9% Alaska

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

U.S. ARMY ENGINEER DISTRICT, ALASKA

ATTN: CEPOA-CT (DALE)

P.O. BOX 6898

JBER, ALASKA 99506-0898

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

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

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

(b) A pre-bid conference call will be held on 12 Feb 2020 at 1:00 PM Alaska Standard Time.

Call in information:

Number: 1-877-336-1839 Security and Passcode: 9400133

(c) A site visit will be held on 12 Feb 2020 at 2:00 PM Alaska Standard Time at Chena River Lakes Flood Control Project Office located at:

3800 Laurance Rd North Pole, AK 99705

If attending the site visit, email the below individuals by 4:00PM on 10 February 2020 with Contractor Name and number of attendees.

Name: Christine Dale John McComas Email Address: Christine.A.Dale@usace.army.mil john.l.mccomas@usace.army.mil Telephone: (907) 753-5618 (907) 753-2593

No additional site visits will be scheduled as part of this solicitation.

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

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

https://www.acquisition.gov/

252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

Section 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in…