W911XK19B0007.pdf

W56MES90084166

FY19 Duluth-Superior Harbor Maintenance Dredging, Duluth, Minnesota

1. This Invitation for Bids is 100% Set Aside for Small Businesses.

2. The North American Industrial Classif ication System (NAICS) Code is 237990, w hich has a small business size standard of $27.5 Million in annual receipts for dredging activities.

3. The estimated price of construction is betw een $1,000,000 and $5,000,000.

4. Bid or bid modif ications received by electronic mail or facsimile (fax) w ill not be accepted.

5. A Bid Guarantee is required. A Bid Bond must be an original document. Photocopies w ill not be accepted. (See FAR 52.228-1).

6. Block 11 contains information w ith respect to commencement and completion of the contract. As indicated, FAR 52.211-10 Alt I identif ies the required completion date. The contractor shall NOT to make any changes to this clause or to Block 11.

7. Central Contractor Registration and ORCA are now available through the System for Aw ard Management (SAM), available at w w w .sam.gov. Bidders must comply w ith the requirements of FAR 52.204-7 and 52.204-8, 52.232-33, and any other CCR/ORCA requirements in this solicitation through SAM. Registration is required as a condition of submitting any bid. NOTE: SAM is free of charge for both registrants and users.

X

LISA M MAY (313) 226-6819

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

14-May-2019

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10 ALT1

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 ______________13 Jun 2019 (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 _______90 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, DETROIT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

W911XK

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.

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

FAX:TEL: (313) 226-6819 TEL: FAX:

W911XK19B0007 46

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

W911XK19B0007

Section 00 10 00 - Solicitation

SECURITY REQUIREMENTS

A. All personnel employed by the contractor in the performance of the services specified in this contract or any representative of the contractor entering the work areas shall conform and comply with all applicable Federal/State Laws, Rules, Regulations or Policies in effect within and in the nearshore waters of the City of Duluth, Minnesota. It is the contractor's responsibility to be aware of the prevailing Laws, Rules, Regulations or Policies in the project area.

B. Pre-screening of contractor candidates via E-verify Program: The Contractor must pre‐screen employment candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The contractor must ensure that all employees working on this contract have two valid forms of Government issued identification prior to entering the information in E-Verify. The contractor must ensure the correct information is entered into the E‐verify system. An E-Verify verification sheet for each verified/eligible employee candidate, working on this contract, must be provided to the Contracting Officer’s Representatitve (COR) no later than 15 business days prior to such employee working on the contract. (The purpose of using E-Verify is to ensure all contracted worker are U.S. citizens or documented foreign citizens with authority to work in the United States of America). The COR will forward the verification sheets to the USACE, Detroit District Security Office for validation.

C. Security Checks ‐ All contractor employees must carry pictured identification at all times. They must show I.D.

upon request by City/State/Government personnel. The Contractor's on-site supervisor must possess a copy of the contract requirements at the project site during the implementation of this contract.

BID SCHEDULE

ITEM NO. SUPPLIES/SERVICES QTY UNIT UNIT PRICE TOTAL

0001 Mobilization & Demobilization 1 JOB $ $

0002 Required Dredging - Area 2

0002AA First 1,400 CY 1,400 CY $ $

0002AB Over 1,400 CY 1,700 CY $ $

0003 Required Dredging - Area 4

0003AA First 45 CY 45 CY $ $

0003AB Over 45 CY 20 CY $ $

0004 Required Dredging - Area 5A

0004AA First 17,000 CY 17,000 CY $ $

0004AB Over 17,000 CY 7,300 CY $ $

0005 Required Dredging - Area 5B

0005AA First 8,400 CY 8,400 CY $ $

0005AB Over 8,400 CY 3,600 CY $ $

0006 Required Dredging - Area 5C

0006AA First 5,000 CY 5,000 CY $ $

0006AB Over 5,000 CY 2,100 CY $ $

0007 Required Dredging - Area 5F

0007AA First 2,900 CY 2,900 CY $ $

0007AB Over 2,900 CY 1,200 CY $ $

0008 Required Dredging - Area 6

0008AA First 25,600 CY 25,600 CY $ $

0008AB Over 25,600 CY 32,100 CY $ $

0009 Required Dredging - Area 9A

0009AA First 365 CY 365 CY $ $

0009AB Over 365 CY 155 CY $ $

0010 Required Dredging - Area 9B

0010AA First 850 CY 850 CY $ $

0010AB Over 850 CY 350 CY $ $

TOTAL AMOUNT OF BASE BID (Items 0001 through 0010) $

Continued next page

BID SCHEDULE (Continued)

OPTION ONE

0011 Option Dredging - Area 5D

0011AA First 12,000 CY 12,000 CY $ $

0011AB Over 12,000 CY 5,100 CY $ $

TOTAL AMOUNT OF OPTION ONE (Item 0011) $

OPTION TWO

0012 Option Dredging - Area 5E

0012AA First 13,900 CY 13,900 CY $ $

0012AB Over 13,900 CY 5,900 CY $ $

TOTAL AMOUNT OF OPTION TWO (Item 0012) $

OPTION THREE

0013 Option Dredging - Area 14

0013AA First 5,300 CY 5,300 CY $ $

0013AB Over 5,300 CY 2,300 CY $ $

TOTAL AMOUNT OF OPTION THREE (Item 0013) $

TOTAL AMOUNT OF BASE AND ALL OPTIONS (Items 0001 through 0013) $

Notes:

1. Pricing shown is United States dollars.

2. Price includes all permits, taxes, and delivery costs as may be applicable.

3. Option(s), if exercised, will not change the contract completion date.

4. See the Specification for a complete description of work items and units.

SCOPE OF WORK

A. Provide all work, materials, equipment, labor, supervision, management, and administration as indicated herein, as indicated in the Drawings and Specifications, and as necessary to completely perform the work as described.

Work elements include the following:

1. Mobilization to the worksite at the Lake Superior mouth of the St. Louis River, at the joint harbor of

Duluth, Minnesota and Superior, Wisconsin;

2. Establishment and maintenance of turbidity controls and environmental protections;

3. Dredging and removal of sediment materials from the federal navigation channel;

4. Transportation of sediment materials to the shoreline placement area;

5. Placement and grading of dredged material below the OHWM at the placement area; as indicated on the

Drawings, the material shall be evenly distributed along the Minnesota Point shoreline beginning at the Superior Entry rubblemound structure and extending 3,000 feet in a northwestern direction; the lakeward and landward limits of placement are between the most landward 4.0 foot depth contour relative to current water level and the Ordinary High Water Mark (603.1 feet IGLD 1985);

6. Demobilization from the work area at the completion of the project.

B. This procurement includes one base contract with three contract options.

C. Refer to the Drawings and Specifications for a complete description of the technical requirements.

PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a partnership with the Contractor to develop a cohesive building team. It is anticipated that this partnership would involve the Contractor, primary subcontractors, and the Corps of Engineers. This partnership would strive to develop a cooperative management team drawing on the strengths of each team member in an effort to achieve a quality project within budget and on schedule. This partnership would be bilateral in membership and participation will be completely voluntary. Any cost associated with effectuating this partnership, excluding travel and lodging cost of Government personnel, will be equitably borne by both parties. The partnering meetings shall be scheduled with the COR and shall take place at a location and time interval that are beneficial to both parties.

UAI 5152.211-9000

EVALUATION OF SUBDIVIDED ITEMS (MAR 1995)

Item Nos. 0002 through 0013 are subdivided into two or more estimated quantities and are to be separately priced.

The Government will evaluate each of these items on the basis of total price of its subitems.

(End of clause)

UAI 5152.211-9001

VARIATIONS IN ESTIMATED QUANTITIES — SUBDIVIDED ITEMS (MAR 1995)

This variation in estimated quantities clause is applicable only to Item Nos. 0002 through 0013 referenced as Subdivided Line Items.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Subdivided Line Items is less than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause Federal Acquisition Regulation (FAR) 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under Subdivided Line Items exceeds 115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Subdivided Line Items exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

DULUTH-SUPERIOR

FFP

THIS PAGE WILL BE USED FOR THE AWARDED CONTRACT. ENTER

PRICING IN THE BID SCHEDULE.

FOB: Destination

MILSTRIP: W56MES90084166

PURCHASE REQUEST NUMBER: W56MES90084166

NET AMT

Section 00 21 13 - Instructions to Bidders

INSTRUCTIONS

1. INTENT

The intent of this solicitation is to award one (1) firm fixed-price construction contract for the FY19 Duluth- Superior Harbor Maintenance Dredging.

2. BASIS OF SELECTION OF AWARD

A. Award shall be made to the lowest priced bidder who is found to be responsive and responsible. See FAR

52.214-19, Contract Award—Sealed Bidding—Construction, for more information.

B. In accordance with FAR 52.217-5, the Government intends to evaluate bids for award purposes by adding the total price for all options to the total price for the basic requirement. The options may be exercised within 45 calendar days after contract award.

3. SITE VISIT

A. As indicated in FAR 52.236-27 SITE VISIT (CONSTRUCTION), visits to the project site can be scheduled on an individual basis. The Government Site Representative is identified in this provision with contact information for coordination purposes.

B. Prospective contractors are strongly encouraged to visit the project site prior to preparing and submitting any bid.

4. REGISTRATION IN SAM

A. The System for Award Management (SAM) is the Government’s online database of federal contractors.

Contractors self-register in SAM at the website www.sam.gov . Registration is free to all users.

B. In accordance with Provision 52.204-7 SYSTEM FOR AWARD MANAGEMENT, a bidder must be registered in SAM when submitting an offer, and must continue to be registered until time of award, during performance, and through final payment of any contract.

C. Bidders who are not currently registered in SAM with the NAICS Code that is indicated in Block 10, at the front of this Solicitation, are encouraged to start the registration process as soon as possible to ensure that it is complete prior to submission of any bid.

D. See Provision 52.204-7 for more information.

5. REQUESTS FOR INFORMATION

A. Prospective bidders should submit questions concerning this Solicitation through the Bidder Inquiry function in ProjNet at www.projnet.org/projnet. This is the Corps of Engineers’ standard platform for receiving and responding to questions and requests for information.

B. All questions and all responses will be visible to all registered users who sign into the system for this solicitation.

C. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

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

E. Identification of this Solicitation:

The Solicitation Number is: W911XK19B0007

The Bidder Inquiry Key is: 83P6F9-4NB5RD

F. 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.

G. Bidders shall not include self-identifying information in any submitted inquiry.

H. Bidders shall submit no more than one question per inquiry that is entered in the system. Inquiries containing multiple questions may be rejected.

I. The Bidder Inquiry System will be stop receiving new inquires 5 business days prior to the required bid submission date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

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

K. The Bidder Inquiry System call center operates weekdays from 8AM to 5PM U.S. Central Time Zone

(Chicago). The telephone number for the Call Center is 800-428-HELP.

6. SUBMISSION OF BIDS

A. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.

B. Offerors shall complete and submit any additional full text certifications that are included in the solicitation. An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on line.

C. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the solicitation.

D. Remember to fill in and sign the Standard Form 1442, from the front of the Solicitation, before submitting your bid.

E. Bids must be received at the address indicated in Block 8, at the front page of the Solicitation, by the date and time indicated in Block 13.

7. BID OPENING

A public Bid Opening will be conducted at the Contracting Office indicated in Box 7, at the date and time indicated for receipt of bids/offers in Box 13 of the Standard Form 1442 at the front of this solicitation. The Bid Opening will be broadcast via live audio telephone conference. Interested parties may access the conference by calling one of the following numbers and entering the access code when prompted. Callers may log into the conference up to 5 minutes before the stated time.

AUDIO CONFERENCE ACCESS INFORMATION:

USA Toll-Free: 888-675-2535 USA Caller Paid/International Toll : 215-446-0145

ACCESS CODE: 3071395

SECURITY CODE: 1234

8. ELECTRONIC BIDS NOT ACCEPTED

Submittal of bid information by electronic mail, website, text message, or similar means will not be accepted.

9. FACSIMILE BIDS/OFFERS NOT ACCEPTED

Facsimile bids/offers, modifications thereto, or cancellations of bid/offers will not be accepted.

10. AMENDMENTS

Acknowledgement of each amendment by the Bidder must be made in the space provided on the SF 1442, or by returning a signed copy of the amendment by the time set for receipt of bids. Explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. Questions (on a non-attribution basis) and answers shall be furnished to all prospective Bidders via the web site. For security reasons all potential Bidders, plan rooms and printing companies are required to register in SAM at www.sam.gov.

NOTE: Failure to comply with the above instructions may result in an offeror not being eligible for award.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.211-1 Availability of Specifications Listed in the GSA Index of

Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

AUG 1998

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

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

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

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

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

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

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

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

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

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

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

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

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

(End of Provision)

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

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

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

(i) By signing and returning the amendment;

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

(iii) By letter;

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

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

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

(End of provision)

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

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

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

52.214-5 SUBMISSION OF BIDS (DEC 2016)

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

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

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

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

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

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

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

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

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

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

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

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

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

(End of provison)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single FIRM FIXED PRICE contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

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

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

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

52.236-27 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) Site visits may be arranged during normal duty hours by contacting:

Name: Mr. Corey Weston Address: 600 South Lake Avenue Duluth, MN 55802 Telephone: (218) 788-6421 E-mail Corey.Weston@usace.army.mil

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows: None.

Section 00 22 13 - Supplementary Instructions to Bidders

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

2014)

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

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

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

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

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

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

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

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

Goals for minority participation for each trade

Goals for female participation for each trade

1.0% 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 the Duluth, Minnesota statistical area, including St. Louis County, Minnesota and Douglas County, Wisconsin.

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 three million dollars ($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:

Contracting Officer U.S. Army Corps of Engineers Detroit District Office 477 Michigan Avenue, Suite 700 Detroit, MI 48226

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

52.252-1 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):

http://farsite.hill.af.mil http://www.arnet.gov/far

Section 00 45 00 - Representations and Certifications

COMPANY INFORMATION

(BIDDER, ENTER ALL INFORMATION)

COMPANY NAME: __________________________________________________________________

COMPANYADDRESS: __________________________________________________________________

PHONE NUMBER: ________________________ FAX NUMBER ________________________

EMAIL ADDRESS: __________________________________________________________________

BUSINESS SIZE (select all that are applicable)

Large Business _____ Small Business _____ HUBZone Business _____ 8(a) _____

Woman-Owned _____ Service-Disabled Veteran-Owned _____

Contractor is registered with SAM: YES _____ NO_____ (See FAR 52.204-7)

TAX ID # ________________________ CAGE NO. ________________________

Indicate Unique Entity Identifier Number(previously DUNS Number) ________________________ (Note: See FAR 52.204-7. Unique Entity Identifier is a 9 digit numeric code.)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

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

(2) The small business size standard is 27,500,000 in average annual receipts.

(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:

NOT APPLICABLE – PROVISION 52.204-7 IS INCLUDED IN THE SOLICITATION

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the…