W911KB22B0003 NIL003-SPECS.pdf

IFB

SPECIFICATIONS

US Army Corps of Engineers Alaska District

NIL003

(P2 No. 476878)

NINILCHIK HARBOR REVETMENT

REPLACEMENT

NINILCHIK, ALASKA

W911KB-21-B-0003

January 18, 2021

(INTENTIONALLY LEFT BLANK)

IFB NINILCHIK HARBOR REVETMENT REPLACEMENT NIL003

NINILCHIK, ALASKA

Solicitation, Contract Forms, Caution to Bidders Section 00 11 01 Bid/CLIN Schedule Section 00 21 00 Instructions, Conditions, and Notices to Offerors Section 00 45 00 Representations and Certifications Section 00 72 00 Contract Clauses Section 00 73 00.00 29 Special Contract Requirements

Section 00 73 46 Wage Rates

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 19 40.00 29 Special Items (Civil Works)

Section 01 22 00.00 10 Price and payment Procedures Section 01 32 01.00 10 Project Schedule Section 01 33 00 Submittal Procedures Section 01 35 26 Government Safety Requirements Section 01 42 00 Sources for Reference Publications Section 01 45 00.00 10 Quality Control Section 01 45 00.15 10 Resident Management System Contractor Mode (RMS CM)

Section 01 50 00 Temporary Construction Facilities and Controls Section 01 57 20.01 29 Environmental Protection Section 01 57 34.00 29 Storm Water Pollution Prevention Measures

Section 01 58 00 Project Identification Section 01 78 00 Closout Submittals

DIVISION 31 ‐ EARTHWORK

Section 31 00 00 Earthwork

Section 31 09 13.00 29 Surveys (Civil Works)

DIVISION 35 ‐ WATERWAY AND MARINE CONSTRUCTION

Section 35 31 19 Stone, Channel, Shorline/Coastal Protection for Structures

PROJECT TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Section 00 11 00

-- End of Project Table of Contents --

PROJECT TITLE/LOCATION: Ninilchik Revetment Replacement, Ninilchik, Alaska

NAICS: 237990 SIZE STANDARD: $39.5 MILLION

TOTAL SMALL BUSINESS SET-ASIDE

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS

DESCRIPTION OF WORK: Perform demolition of the existing shoreline revetment and construct a new , multi-layer rock revetment of various gradations and thicknesses for continued protection of Ninilchik Harbor in Ninilchik, Alaska. There is no government furnished or designated rock source for this project. Pre- and post-construction surveys w ithin the construction boundary at Ninilchik shall also be performed. The Contractor is to furnish all labor, equipment, supplies, materials, supervision, and other items and services necessary to accomplish the w ork.

The Contractor shall comply w ith commercial and industry standards as w ell as all applicable Federal, State, and local law s, regulations, and procedures. The type of contract shall be f irm-fixed price. Construction w age rates (formerly Davis-Bacon Act w age rates) shall apply.

Aw ard is subject to availability of funds. If the project is canceled, all bid preparation costs w ill be borne by the offeror.

X

JENNIFER GOSH 907-753-2525

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

24-Jan-2022

(RFP)

(IFB)

CALL:

Ninilchik Revetment Replacement, Ninilchik, Alaska

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. 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 ______________24 Feb 2022 (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

02:00 PM (hour)

Sealed envelopes containing offers

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

NIL003

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

FAX:TEL: TEL: FAX:

W911KB22B0003 75

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

Section 00 11 01 - CLIN SCHEDULE

CAUTION TO BIDDERS

SUBMIT BIDS: To deliver bids, please follow the instructions in Section 00 21 00 - Instructions, Conditions and

Notices to Bidders paragraph BID SUBMITTAL INSTRUCTIONS. We will not accept hand delivered bids. For large files or secure transmittal bids they can be provided via email to the following email addresses:

Jennifer.Gosh@usace.army.mil with a courtesy copy to the Contracting Officer

Christine.A.Dale@usace.army.mil. Please be sure to submit bids 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.

AMENDMENTS: Have you acknowledged receipt of ALL amendments on the SF1442? If in doubt as to the number of amendments issued, please contact Jennifer Gosh, (907) 753-2525 or Christine Dale, (907) 753-5618. See also FAR 52.214-3, Amendments to Invitations for Bids in Section 00 21 00.

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

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

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

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.

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

mailto:Jennifer.Gosh@usace.army.mil mailto:Christine.A.Dale@usace.army.mil http://www.sam.gov/

BID/CLIN SCHEDULE

NINILCHIK HARBOR REVETMENT REPLACEMENT

NINILCHIK, ALASKA

Item No. Description Qty Unit Unit Price Total Amount

BASE ITEMS (STA 10+00 to STA 15+00 and STA 21+50 to STA 22+00)

0001 Mobilization and Demobilization for First Year Work, complete 1 Job $___________ $___________

0002 Demolish and Remove Existing Revetment

STA 10+00 to STA 15+00 and STA 21+50 to 22+00, complete 1,800 CY $___________ $___________

0003 Excavation and Embankment Preparation to 22+00, complete 12,725 CY $___________ $___________

0004 Classified Fill to 22+00, complete 900 CY $___________ $___________

0005 Construct C Rock to 22+00, complete 2,650 CY $___________ $___________

0006 Construct B Rock to 22+00, complete 4,000 CY $___________ $___________

0007 Construct A Rock to 22+00, complete 4,150 CY $___________ $___________

0008 Pre- and Post-Construction Surveys for First Year Work, complete 2 EA $___________ $___________

Total of Base Items 0001 through 0008: $___________

Item No. Description Qty Unit Unit Price Total Amount

OPTION 1 ITEMS (STA 15+00 to STA 17+00)

0009 Demolish and Remove Existing Revetment

STA 15+00 to STA 17+00, complete 575 CY $___________ $___________

0010 Excavation and Embankment Preparation

STA 15+00 to STA 17+00, complete 4,200 CY $___________ $___________

0011 Classified Fill

STA 15+00 to STA 17+00, complete 275 CY $___________ $___________

0012 Construct C Rock

STA 15+00 to STA 17+00, complete 950 CY $___________ $___________

0013 Construct B Rock

STA 15+00 to STA 17+00, complete 1,400 CY $___________ $___________

0014 Construct A Rock

STA 15+00 to STA 17+00, complete 1,500 CY $___________ $___________

Total of Option 1 Items 0009 through 0014: $___________

OPTION 2 ITEMS (STA 17+00 to STA 19+00)

0015 Demolish and Remove Existing Revetment

STA 17+00 to STA 19+00, complete 575 CY $___________ $___________

0016 Excavation and Embankment Preparation

STA 17+00 to STA 19+00, complete 4,000 CY $___________ $___________

0017 Classified Fill

STA 17+00 to STA 19+00, complete 275 CY $___________ $___________

0018 Construct C Rock

STA 17+00 to STA 19+00, complete 950 CY $___________ $___________

0019 Construct B Rock

STA 17+00 to STA 19+00, complete 1,400 CY $___________ $___________

0020 Construct A Rock

STA 17+00 to STA 19+00, complete 1,500 CY $___________ $___________

Total of Option 2 Items 0015 through 0020: $___________

OPTION 3 ITEMS (STA 19+00 to STA 21+50)

0021 Demolish and Remove Existing Revetment

STA 19+00 to STA 21+50, complete 725 CY $___________ $___________

0022 Excavation and Embankment Preparation

STA 19+00 to STA 21+50, complete 5,600 CY $___________ $___________

0023 Classified Fill

STA 19+00 to STA 21+50, complete 375 CY $___________ $___________

0024 Construct C Rock

STA 19+00 to STA 21+50, complete 1,175 CY $___________ $___________

0025 Construct B Rock

STA 19+00 to STA 21+50, complete 1,750 CY $___________ $___________

0026 Construct A Rock

STA 19+00 to STA 21+50, complete 1,875 CY $___________ $___________

Total of Option 3 Items 0021 through 0026: $___________

OPTION 4 ITEMS

0027 Mobilization and Demobilization

For Second Year Option Item Work, complete 1 Job $___________ $___________

0028 Pre- and Post-Construction Surveys for Second Year Work, complete 2 EA $___________ $___________

0029 Deconstruct First Year Work From STA

21+50 to 22+00 and Prepare Transition

For Second Year Work, complete 1 Job $___________ $___________

Total of Option 4 Items 0027 through 0029: $___________

Total of All Items 0001 through 0029: $___________

NOTES:

1. ESTIMATED VOLUMES: The volumes shown in the “Qty” column for all unit priced items measured by the cubic yard (CY) above are estimated quantities. Actual quantities may vary. Offerers shall reference the following:

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item

FAR 52.211-18 Variation in Estimated Quantity

SCR-GE116 Evaluation of Subdivided Items

SCR-GE117 Variations in Estimated Quantities, Subdivided Items

2. EXERCISE OF OPTIONS: The Government intends to award, subject to availability of funds, the base and option items in order to construct the entire project from STA 10+00 to STA 22+00 in the first year utilizing only one mobilization and demobilization. If full funding is not available at time of award, then the Government may exercise a second year of construction to complete any remaining work subject to availability of funds. Offerers shall reference the following:

FAR 52.211-10 Commencement, Prosecution, and Completion of Work

FAR 52.211-12 Liquidated Damages – Construction

FAR 52.217-5 Evaluation of Options

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item

FAR 52.232-18 Availability of Funds

EVALUATION OF BIDS:

1. AWARD: Award shall be made to the low, responsive, responsible bidder as determined in accordance with

52.217-5 Evaluation of Options. Evaluation and acceptance of options will not obligate the Government to exercise the options.

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

3. ARITHMETIC DISCREPANCIES:

(A) For the purpose of initial evaluation of bids, the following shall be utilized in resolving arithmetic discrepancies found on the face of bid/CLIN schedules as submitted by the bidder:

I. Obviously misplaced decimal points shall be corrected;

II. Discrepancy between unit price and extended price, the unit price shall govern;

III. Apparent errors in extension of unit prices shall be corrected;

IV. Apparent errors in addition of job and extended unit prices shall be corrected.

(B) For the purpose of bid evaluation, the Government shall proceed on the assumption that the bidder intends their bid to be evaluated on the basis of unit prices, the total arrived at by resolution of arithmetic discrepancies as provided above, and the bid shall be so reflected on the abstract of bids.

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

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

-- END OF BID/CLIN SCHEDULE --

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

1. MAGNITUDE OF CONSTRUCTION

The magnitude of this project is between $5,000,000.00 and $10,000,000.00.

2. SOLICITATION

The solicitation in electronic format only will be available for download at www.SAM.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. BIDDER’S QUESTIONS AND COMMENTS

Point of Contact for this solicitation is:

Contract Specialist – Jennifer Gosh

U.S. Army Engineer District, Alaska ATTN:

CEPOA-CT (Gosh)

P.O. Box 6898

JBER, Alaska 99506-0898

Phone: 907-753-2525

Email: Jennifer.Gosh@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.

https://www.projnet.org/

The Bidder Inquiry Key is: ARVIY3-63KYMY

The solicitation Number is: W911KB22B0003

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 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. Bids shall be emailed to:

Jennifer.Gosh@usace.army.mil and Christine.A.Dale@usace.army.mil.

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.

Bids will no longer be accepted via personal delivery services such as DHL, UPS or FedEx due to COVID mandates.

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:

PO Box 6898

JBER, Alaska 99506-0898

Physical Address:

U.S. Army Corps of Engineers, Alaska District ATTN:

2204 3rd Street JBER, Alaska 99506

Due to COVID-19 regulations and precautions, bids will not be accepted in person

The Packaging that contains the Bids shall be marked:

“Bids for Solicitation Number: W911KB22B0003, 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: Jennifer.Gosh@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 via Webex 24 February 2022 at 2:00 PM Alaska Standard Time. Please join in one of the following ways:

Join from the meeting link:https://usace1.webex.com/meet/jeremy.m.allen or by phone at 1-844-800-2712, using access code 2764 463 7794

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.

https://usace1.webex.com/meet/jeremy.m.allen

11. WEB-SITE

The solicitation, specifications, drawings, lists of interested vendors, and amendments (if any) are available through the project links at the website www.SAM.gov.

12. 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.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996

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

52.217-5 Evaluation Of Options JUL 1990

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

Work

MAY 2014

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

252.215-7008 Only One Offer JUL 2019

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021) - ALTERNATE I (SEPT 2015)

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

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

(2) The small business size standard is $39.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition--

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

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

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

(c) Representations. (1) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ --.] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ --.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ --.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of

Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern

Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

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

15.1%

6.9%

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

Compliance Programs office.

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

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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 twenty (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

Physical Address

Contracting Officer

U.S. Army Engineer District, Alaska

CEPOA-CT

2204 3rd Street, Room 30

JBER, Alaska 99506

Mailing Address

Contracting Officer

U.S. Army Engineer District, Alaska

CEPOA-CT

P.O. Box 6898

JBER, Alaska 99506

(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) No formal site visit is scheduled, however a pre-bid conference call will be held on 1 Februray 2022 at 11:00

AM Alaska Standard Time.

Join online at https://usace1.webex.com/meet/jeremy.m.allen or by phone at 1-844-800-2712 using Access Code

2764 463 7794 https://usace1.webex.com/meet/jeremy.m.allen

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

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

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR

Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

http://www.acquisition.gov/

Section 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

BUSINESS CERTIFICATIONS

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)

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:

PRE-AWARD QUESTIONNAIRE

NIL003 NINILCHIK REVETMENT REPAIR

Ninilchik, Alaska

Solicitation W911KB22B0003

CONTRACTOR NAME AND ADDRESS:

TYPE OF BUSINESS:

Individual Partnership LLC Joint Venture

Corporation in the State of ______________________

SIZE: Small (Average gross receipt for the past 3 years is less than or equal to $39.5M) Large

1. Financial Ability: Please attach a certified current balance sheet and latest profit and loss statement signed by an officer of the company. The last financial statement will be acceptable if it is less than 6 months old.

Dun & Bradstreet Rating _________ Thomas Register Rating __________

2. Ability to comply with required delivery; List current work with the expected completion date, dollar value, firm/agency, point of contact, and telephone.

3. Reputation and Integrity:

Name POC Telephone No.

Bank:

Subcontractor:

Other:

4. Conforming to the requirements of the standard nondiscrimination clause: (Describe how this is accomplished.)

5. Necessary capability to perform: (Describe technical capability.)

6. Equipment and facilities:

7. Performance and Payment Bonds:

8. List all pending contract claims. State nature of claim, amount, and approximate date filed.

9. List all pending lawsuits or unsatisfied judgments against your firm, the nature of same and Court where filed or adjudicated. Lawsuits or judgments where full payment will be made or are covered by your insurance are not to be included.

Signed:____________________________________

Typed/Printed Name:____________________________________

Title:____________________________________

Date:____________________________________

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-12 Certification Regarding Tax Matters OCT 2020

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

Certification.

FEB 2021

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

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

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

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

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business…