Attachment 06 - SF1442 Solicitation - Pike Island Hydraulic System Replacement.pdf

Hydraulic System Replacement, Ohio River, Pike Island Locks and Dam

NAICS 237990 – Other Heavy and Civil Engineering Construction w ith Small Business Size Standard $39,500,000.00.

This project is being solicited as 100% Set-Aside for Small Business.

BID AND BID MODIFICATIONS RECEIVED BY E-MAIL OR FACSMILE WILL NOT BE CONSIDERED.

Magnitude of Construction is Betw een $5,000,000.00 and $10,000,000.00

ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY VIA PROCUREMENT INTEGRATED ENTERPRICE

ENVIRONMENT (PIEE).

NOTE: BLOCK 13 REQUIREMENTS HAVE BEEN REVISED. SEE ADDENDUM TO SECTION 00 21 00 WITH INFORMATION REGARDING THE

SUBMISISON AND OPENING OF BIDS.

X

MICHAEL W BOYD 412.395.7274

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

15-Nov-2022

(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 ________730 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________15 Dec 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, PITTSBURGH

ATTN CELRP-CT

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

412.395.7110FAX:TEL: 412.395.7274 TEL: FAX:

W911WN23B8005 47

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

W911WN23B8005

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Hydraulic System Replacement

FFP

The Contractor shall be responsible for furnishing all supplies, materials, equipment and labor as necessary to install a new four-corner hydraulic system for each lock chamber consisting of Hydraulic Power Units (HPUs) for miter gates and culvert filling/emptying valves, in accordance with the Specifications and Drawings at Pike Island Locks and Dam.

The unit of issue (Job) as referred to in this Contract Line Item Number (CLIN) is the total price for all quantities multiplied by their respective unit prices listed in the Bid Schedule (Items 0001 through 0024). Bidders shall provide a unit price and total price for all line items listed in the solicitation. All quantities are estimated, except where the unit is given as Job.

FOB: Destination

PSC CD: Z2KA

NET AMT

BID SCHEDULE

Item Description Quantity Unit Unit Price Total

0001 REIMBURSEMENT FOR ACTUAL 1 JOB $_______ $________

PERFORMANCE AND PAYMENT

BONDS PREMIUMS

0002 DIGITAL PROGRESS IMAGES 9 SETS $_______ $________

0003 ELECTRICAL WORK, MAIN 1 JOB $_______ $________

CHAMBER

0004 ELECTRICAL WORK, AUXILIARY 1 JOB $_______ $________

CHAMBER

0005 FURNISH AND INSTALL 6 EA $_______ $________

HYDRAULIC POWER UNITS

0006 FURNISH AND INSTALL NEW 1 JOB $_______ $________

HYDRAULIC PIPING, MANIFOLDS,

VALVES, AND CONTROLS,

MAIN CHAMBER

0007 FURNISH AND INSTALL NEW 1 JOB $_______ $________

HYDRAULIC PIPING, MANIFOLDS,

VALVES, AND CONTROLS,

AUXILIARY CHAMBER

0008 DEMOLITION AND DISPOSAL OF 1 JOB $_______ $________

CENTRAL HYDRAULIC SYSTEM

PIPING AND COMPONENTS,

MIDDLE WALL OPERATIONS

BUILDING

0009 DEMOLITION AND DISPOSAL OF 1 JOB $_______ $________

HYDRAULIC PIPING AND

COMPONENTS, MACHINERY

RECESSES, RIVER WALL

TRENCH AND MIDDLE WALL

GALLERY, MAIN CHAMBER

0010 DEMOLITION AND DISPOSAL OF 1 JOB $_______ $________

HYDRAULIC PIPING AND

COMPONENTS, MACHINERY

RECESSES, LAND WALL TRENCH

AND MIDDLE WALL GALLERY,

AUXILIARY CHAMBER

0011 DRAIN AND DISPOSAL OF 1 JOB $_______ $________

EXISTING HYDRAULIC

FLUID, MAIN CHAMBER

0012 DRAIN AND DISPOSAL OF 1 JOB $_______ $________

EXISTING HYDRAULIC FLUID,

AUXILIARY CHAMBER

0013 DRAINING AND CLEANING/ 8 EACH $_______ $________

FLUSHING OF EXISTING

CULVERT VALVE AND MITER

GATE CYLINDERS, MAIN

CHAMBER

0014 DRAINING AND CLEANING/ 6 EACH $_______ $________

FLUSHING OF EXISTING

CULVERT VALVE AND

MITER GATE CYLINDERS,

AUXILIARY CHAMBER

0015 FLUSHING/FILLING OF NEW 1 JOB $_______ $________

HYDRAULIC SYSTEMS, MAIN

CHAMBER

0016 FLUSHING/FILLING OF NEW 1 JOB $_______ $________

HYDRAULIC SYSTEMS,

AUXILIARY CHAMBER

0017 NEW HYDRAULIC SYSTEMS 1 JOB $_______ $________

STARTUP, TESTING, AND

COMMISSIONING, MAIN

CHAMBER

0018 NEW HYDRAULIC SYSTEMS 1 JOB $_______ $________

STARTUP, TESTING, AND

COMMISSIONING, AUXILIARY

CHAMBER

0019 FURNISH AND INSTALL HPU 6 EACH $_______ $________

PRE-CAST BUILDINGS

0020 FURNISH AND PLACE CONCRETE, 6 EACH $_______ $________

HPU PRE-CAST BUILDING PADS

0021 FURNISH AND INSTALL NEW 1 JOB $_______ $________

GRATING,MAIN CHAMBER

0022 FURNISH AND INSTALL NEW 1 JOB $_______ $________

GRATING, AUXILIARY CHAMBER

0023 DEMOLITION AND DISPOSAL 1 JOB $_______ $________

RIVER WALL CONCRETE AND

STEELTRENCH COVERS, AND

TRENCH DEBRIS, MAIN CHAMBER

0024 DEMOLITION AND DISPOSAL 1 JOB $_______ $________

LAND WALL, CONCRETE AND

STEEL TRENCH COVERS, AND

TRENCH DEBRIS, AUXILIARY

CHAMBER

TOTAL, ITEMS 0001 THROUGH 0024 $________

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 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 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.215-7008 Only One Offer JUL 2019

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)

52.222-5 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.

52.228-1 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 $3,000,000.00, whichever is less.-

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers c/o Jane Roney William S. Moorhead Federal Building 1000 Liberty Avenue Pittsburgh, PA 15222

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

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

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

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

23 November 2022 at 10:00 AM EST

(c) Participants will meet in the parking lot at:

Pike Island Locks and Dam 3709 Warwood Ave

Wheeling, WV 26003-9776

Interested parties planning on attending the organized site visit are requested to contact the Contract Specialist for this acquisition, Michael Boyd, michael.w.boyd@usace.army.mil by the close of business on Monday, 21 November 2022 to confirm their participation.

Please provide name, job title, company, phone number, and email address for all attending. Photo Identification will be required at the site visit.

Approved Phone Identification includes: Driver’s License or ID issued by a state or outlying possession of the United States, ID card issued by a federal, state or local government agency, school ID, or US Passport. Approved foreign nationals may provide the passport of their country of citizenship.

Note that precautions will be taken for the health and safety of all as a result of the COVID-19 pandemic. Face Masks are not currently required to be worn at the project site but are subject to change based on local guidance;

current CDC Guidelines are to be followed. Personal flotation devices will be provided by the site. Participants are encouraged to wear safety boots and hard hats, if possible.

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):

The full text of FAR clauses and provisions can be found at https://www.acquisition.gov/

The full text of DFARS clauses and provisions can be found at:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Solicitation Alterations, if any, will be incorporated by Amendment.

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

ADDENDUM TO SECTION 00 21 00

00 21 00-01 POINT OF CONTACT (FEB 2006)

Inquiries may be made by writing this office, or by calling (collect calls not accepted), the following individuals:

Michael Boyd, Contract Specialist at 412-395-7114 or michael.w.boyd@usace.army.mil.

Requests for hardcopies of the specifications will not be honored by telephone. Vendors must register at http://www.sam.gov/. This site is also used for obtaining bid results and award information.

00 21 00-02 LOCATION AND DESCRIPTION OF WORK

Location. The work is located at Pike Island Locks and Dam on the Ohio River 84.2 river miles downstream of Pittsburgh in Wetzel Ohio County, West Virginia.

Description of Work. The work consists of replacing the current lock hydraulic system and lock gate controls for both chambers, which includes procurement of hydraulic power units, extensive demolition and construction along the chamber floor where the two (2) pipe crossovers (upstream and downstream) are located that will allow more reliable operations and minimize potential environmental hazards.

02 21 00-03 SUBMISSION OF QUESTIONS AND COMMENTS

Technical inquiries and questions relating to Bid Procedures or Bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet . As noted below, Bidders shall not submit their Bid via ProjNet. Bidders shall submit their Bid in accordance with the provisions stated in the Solicitation.

To submit and review Bid Inquiry Items, Bidders will need to be a current registered user or self-register into system.

The Solicitation Number is: W911WN23B8005 The Bidder Inquiry Key is: 73BZ8K-24H32G

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. Select Continue. A page will then open stating 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. Select 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 emailed 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. Select 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.

From this page you may view all bidder inquiries or add an inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Bidders are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8:00 AM to 5:00 PM Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

Information concerning the status of the evaluation and/or award will NOT be available after receipt of Bids.

NOTES:

1. Bidders shall not submit their Bid via ProjNet, but in accordance with the provisions stated in the solicitation.

Any questions regarding acceptable means of submitting offers shall be made directly to Michael Boyd at mihael.w.boyd@usace.army.mil .

2. Government responses to technical inquiries and questions relating to Bid procedures or Bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an Amendment is issued on Standard Form 30. In the case of any conflicts, the Solicitation governs. Any changes or revisions to the Solicitation will be made by formal Amendment. Government responses to technical inquiries and questions relating to Bid procedures or Bonds in ProjNet will be generally limited to:

(a) Notice that an Amendment will be issued;

(b) Reference to an existing requirement contained in the Solicitation; or

(c) Notice that a response is not necessary.

3. The ability to enter technical inquiries and questions relating to Bid procedures or Bonds will be disabled on 2 December 2022. No Government responses will be entered into the ProjNet system after 9 December 2022.

00 21 00-04 AMENDMENTS PRIOR TO DATE SET FOR OPENING OF BIDS

The right is reserved as the interest of the Government may require, to revise or amend the Specifications or Drawings or both prior to the date set for opening Bids. Such revisions and amendments, if any, will be announced by an Amendment or Amendments to this Invitation for Bid. If the revisions and amendments are of a nature which require material changes in the quantities or Bid prices or both, the date set for opening Bids may be postponed by such number of days as in the opinion of the Issuing Office will enable Bidders to revise their Bids. In such cases, the Amendment will include an announcement of the new date for opening Bids.

00 21 00-05 POSTPONEMENT OF BID OPENINGS

a. Bid openings may be postponed up to or even after the time scheduled for Bid opening under the following circumstances:

(i) when the Contracting Officer has reason to believe that the Bids of an important segment of Bidders have been delayed in the mails for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions or strikes); or

(ii) when emergency or unanticipated events interrupt normal Government processes so that the conduct of Bid openings as scheduled is impracticable.

b. At the time a determination is made to postpone a Bid opening under a(i) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal Amendment of the invitation, otherwise communicated to prospective Bidders likely to attend the scheduled Bid opening.

c. In the case of a(ii) above, when urgent Government requirements preclude Amendment of the Solicitation, the time specified for opening 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. In such case, the time of actual Bid opening shall be deemed to be the time set for Bid opening for the purpose of determining "late Bids" under FAR 14-304.

00 21 00-06 BID BOND REQUIREMENTS

Each Bidder shall submit with his Bid, a Bid Bond form using the “current version” of Standard Form 24 (Std. 24) with good and sufficient surety or sureties acceptable to the Government in the penal sum of twenty percent (20%) of the Bid price or $3,000,000.00 whichever is lesser. In order to be considered an acceptable surety, a corporate surety must appear on the list contained in the Department of Treasury Circular 570, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies". The Bid Bond penalty may be expressed in terms of a percentage of the Bid price or may be expressed in dollars and cents. A valid Power of Attorney for an individual acting as agent for surety shall accompany the Bond.

FAILURE TO FURNISH A BID BOND OR A VALID POWER OF ATTORNEY, AS SPECIFIED, WITH BID MAY RESULT IN REJECTION OF BID FOR NON-COMPLIANCE. Standard Form 24 (Bid Bond) can be found on the GSA Form website at https://www.gsa.gov/portal/forms/type/SF .

00 21 00-07 CERTIFIED OR CASHIER'S CHECKS, BANK DRAFTS, MONEY ORDERS OR CURRENCY

When a certified or cashier's check, bank draft, money order, or currency is furnished in lieu of furnishing a surety or sureties on a Bond, the regular form of Bond must be utilized and signed by the Bidder. In the space provided for the insertion of the surety a statement shall be made substantially as follows:

“In lieu of surety (Insert here a description of the negotiable instrument or currency. Description to include where appropriate, date and number of negotiable instrument, bank on which drawn and amount) was furnished. The (check, sum, etc.) was deposited with the Finance and Accounting Officer, Corps of Engineers, Department of the Army, (insert address).”

00 21 00-08 AWARD

Award will be made as a whole to one responsive/responsible Bidder submitting the lowest priced Bid.

00 21 00-09 ESTIMATED COST OF THE WORK

Per FAR 36.204 and DEFARS 236.204, Disclosure of Magnitude of Construction, the estimated cost of the proposed work is between $5,000,000 to $10,000,000.

00 21 00-10 ACCESS TO SITE

The site of the work may be reached from state highways and local roads and streets, and the inland waterway system, as indicated on the drawings.

00 21 00-11 SCOPE OF EMPLOYMENT OF PROFESSIONAL REGISTRANTS

This project was designed by the Pittsburgh District of the U. S. Army Corps of Engineers. The initials or signatures and registration designations of individuals appear on these project documents within the scope of their employment as required by ER 1110-1-8152.

00 21 00-12 MINIMUM RATES

The wage rates specified in these Specifications represent the minimum rates to be paid on the work and are not intended to represent the actual rates that the Contractor may have to pay. The Government does not guarantee that a sufficient supply of qualified labor can be obtained at the minimum rates specified.

00 21 00-13 PRE-AWARD SURVEY

Prior to award of the contract, the apparent low Bidder will be required to furnish the following information upon request of the Contracting Officer:

a) Financial ability to perform the contract, including the availability of necessary working capital and credit.

Bidder shall furnish a copy of its current financial statement and obtain statements from its bank or banks and/or lending institutions with whom it does business as to its credit and other data deemed pertinent regarding its ability to perform the work.

b) Business and financial reputation and integrity. Bidder shall furnish names and addresses of four or more commercial firms for whom work has been performed recently or is under construction. A brief description of the projects and dollar value of same shall also be furnished. Data on work performed which is similar to the proposed work is preferred. The same information is required regarding work performed for other Government installations.

(c) Give brief history of business experience, including length of time in present business.

(d) Furnish statement as to similarity between services being rendered and those required by the proposed contract.

(e) Indicate total dollar amount of all business on hand (military and commercial) with brief description of major projects and locations of same.

(f) Furnish statement of facilities, materials, together with a list of key personnel and their qualifications available for performance of proposed contract.

(g) Furnish name and address of surety company which will furnish performance and payment bonds.

(h) Furnish names and address of proposed subcontractors.

00 21 00-14 SITE INVESTIGATION BY THE CONTRACTOR

If the Contractor proposes to perform investigations at the site, including but not limited to exploratory drilling, digging test pits, trenching or sampling, such work shall conform to the following requirements:

(a) The Bidder shall provide evidence of insurance to the Contracting Officer as required by 00 73 00-01, entitled "REQUIRED INSURANCE", prior to entering the site.

(b) The Bidder shall provide notification to the point of contact given in Provision 52.236-27, entitled "SITE VISIT

(CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)".

(c) Upon completion of such investigation, the site shall be restored to its original contours and appropriate measures, including seeding and mulching, as required, shall be performed to prevent erosion and to the satisfaction of the Contracting Officer.

00 21 00-15 UNBALANCED BIDS

A Contractor's Bid which is materially unbalanced will be deemed as nonresponsive and may be rejected.

00 21 00 -16 BID SUBMISSION

METHOD OF SUBMISSION. Bidders shall submit one (1) electronic copy of their Bid via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module before the time and date specified in Block 13 of this Invitation For Bid, SF 1442.

1. Register in PIEE:

a. Navigate to https://piee.eb.mil/

b. Select Register [top right]

c. Select Vendor

d. Create a User ID and Password and follow the prompts [next]

e. Create Security Questions [next]

f. Complete your User Profile Information [next]

g. Complete your Supervisor or Approving Official Information [next]

h. Complete Roles

i. Step 1. Select SOL-Solicitation

ii. Step 2. Select Proposal Manager

iii. Step 3. Click Add Roles iv.Step 4. Fill in your Location Code (CAGE Code) [next]

i. Provide a justification for your registration [next]

j. Follow the remaining prompts to submit your registration

2. Log into PIEE and select the Solicitation Icon.

3. Enter search criteria to find the solicitation. (Search Criteria can be the complete solicitation number, Solicitation Open Date, Response Due Date, Product or Service Code, NAICS, Set Aside code, Place of Performance Zip Code, Contracting Office DODAAC, or Status)

4. The search results display. Select the Solicitation Number link to open the solicitation.

5. The solicitation displays. The information is view only.

6. Scroll down to see the Contract Information and Attachments. The Attachments can be viewed by selecting the File link. Scroll back up to the top of the screen and click the Offer tab.

7. Click the Offer tab to Add and review current offers on the Solicitation. Click the Add button to add an offer to the Solicitation.

8. Select the applicable CAGE Code for which submitting the offer for. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

9. Upload the attachments that comprise the offer by selecting the Choose Files link.

10. After entering all necessary information enter a Signature Date and Click the Signature button.

11. The Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and One Time Password (OTP). Click the Sign and Submit button to continue.

12. After successfully adding the Offer a success message of the submission will be displayed and the offer displayed collapsed. Users may expand and view all their offers on a Solicitation.

The Procurement Integrated Enterprise Environment (PIEE) help desk may be reached by calling telephone number 866-618-5988 for assistance.

00 21 00-17 BID OPENINGS

The Bid Opening for this project will be conducted virtually by teleconference as follows:

Bid Opening will be by teleconference to begin promptly on the date and time specified in Block 13A on the SF1442. At the time of the bid opening, all bids received will be downloaded by the Government official opening of the bids. Once all bids have been downloaded, they will be individually opened and read aloud.

Bidders should call into the teleconference 10 minutes prior to the teleconference start time at:

1-844-800-2712 US Toll Free 1-669-234-1177 US Toll

Access code: 96423246

All bids are required to be received by the bid acceptance closing date and time stated in Block 13A of the Standard Form 1442.

(End of Addendum)

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022)

(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 that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

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

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

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

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

(e) of this provision applies.

(2) If the provision at FAR 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 (e) 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:

___ (i) Paragraph (e) applies.

___ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation. Applies to all solicitations.

(ii) 252.216-7008 , Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042 , Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049 , Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050 , Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012 , Tax Exemptions (Italy)—Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013 , Tax Exemptions (Spain)—Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(ix) 252.247-7022 , Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

___ (i) 252.209-7002 , Disclosure of Ownership or Control by a Foreign Government.

___ (ii) 252.225-7000 , Buy American—Balance of Payments Program Certificate.

___ (iii) 252.225-7020 , Trade Agreements Certificate.

___ Use with Alternate I.

___ (iv) 252.225-7031 , Secondary Arab Boycott of Israel.

___ (v) 252.225-7035 , Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

___ Use with Alternate I.

___ Use with Alternate II.

___ Use with Alternate III.

___Use with Alternate IV.

___ Use with Alternate V.

___ (vi) 252.226-7002 , Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

___ (vii) 252.232-7015 , Performance-Based Payments—Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (NOV

2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.