B.08.02_Conformed Copy of the Solicitation for Rudee Inlet Maint Dredging W9123621B5024 08262021.pdf

W9123621B5024 - Rudee Inlet Maintenance Dredging Navigation Project in Virginia Beach, Virginia.

Magnitude of Construction is betw een $1,000,000.00 and $5,000,000.00.

This is a Full and Open Competition procurement.

Please note that Bidders must bid on all CLINs (filling in UNIT PRICE) for the bid to be deemed responsive. All Unit Prices must be rounded to the nearest w hole cent.

NAICS Code: 237990 - Dredging and Surface Cleanup Activities, Small Business Size Standard $30,000,000.00.

Contractor CAGE and/or DUNS No.: ____________________________________________________

Contracting POC: Raven Sasser, 757-201-7136, Raven.D.Sasser@uace.army.mil.

X

RAVEN D SASSER 757-201-7136

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

30-Jul-2021

(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 _______15 calendar days and complete it w ithin ________180 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 __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2021 (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

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

W91236

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

757-201-7183FAX:TEL: 757-201-7608 TEL: FAX:

W9123621B5024 63

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

W9123621B5024

Section SF 30 - Block 14 Continuation Page (SF 30)

AMENDMENT 0001

1. This constitutes Amendment 0001 to Solicitation Number W91236-21-B-5024 for the Rudee Inlet Maintenance Dredging Project. Listed below are the changes to the solicitation which provides clarification to items associated with the technical specifications and plan sheets; and updates the solicitation to be consistent with the previously attached drawings and specifications.

2. Changes:

a. Specifications, Section 35 20 23 Dredging:

Add the following exhibit drawing titled ‘H.08.03_Modified Specifications Section 35 20 23 for Rudee 08172021’ to the end of specification section 35 20 23. The file includes the following drawings:

• Rudee Inlet Safety Area Survey 060821.pdf

• Croatan Survey 2021-07-21.pdf

• Resort Beach Survey 2021-06.pdf

b. Plans:

Sheet 4 of 14.

Sheet has been revised to reflect a minimum offset distance from the boardwalk of 100 feet for the equipment staging area and pipeline path to placement area.

Sheet 6 of 14.

Sheet has been revised to clarify boundary of the Croatan Beach placement area.

Sheet 8 of 14.

Sheet has been revised to clarify hatching of Entrance Channel adjacent to Sand Trap Hatching in legend was removed.

Sheet 9 of 14 Sheet has been revised to clarify hatching of Entrance Channel adjacent to Sand Trap Hatching in legend was removed. Removed line item of Entrance Channel adjacent to Sand Trap from Dredging Component Summary Table. Updated associated cross sections.

Sheet 10 of 14 Sheet has been revised to correct channel element side slopes for consistency with bid schedule items, permit, and solicitation language.

Sheet 11 of 14 Sheet has been revised to clarify cross section D-D’. Revisions were made for consistency with bid schedule items, permit, and solicitation language. Removed errant lines in other cross sections.

Sheet 12 of 14 Sheet was revised to clarify contract line item 0002 of the Plans for Dredging, Bid Items Quantity Estimate Table. Channel adjacent to Sand Trap was removed with volume added to the Entrance Channel component. Total volume remains 189K.

Sheet 13 of 14 Sheet was revised to include notes that provides for a 100-foot offset of the equipment staging area from the seawall. A note also clarifies location of dredge pipeline. Reference for placement of the pipeline along the seawall was removed.

Sheet 14 of 14 Sheet has been revised to reflect a minimum offset distance from the boardwalk of 100 feet for the equipment staging area and pipeline path to placement area.

c. Solicitation, Section 00 10 00, Bid Item 0005:

Deleted: Croatan Beach stationing “17+50 - 27+50” Replaced with: Croatan Beach stationing “15+00 – 25+00”

d. Solicitation, Page 22 of 61, Section 00 72 00, “1. Description of Project” Section

Deleted: 1. Description of Project

Replaced with:

“1. Description of Project

The Rudee Inlet Maintenance Dredging Project will consist dredging up to approximately 189,000 cubic yards of sandy maintenance material from the Rudee Entrance Channel, Sand Trap, Entrance Channel Transition Area, North Jetty Area, South Jetty Area, and Outer Deposition Basin located in Virginia Beach, Virginia.

Approximately 75,000 cubic yards of sandy material will be dredged from the Entrance Channel and Sand Trap with placement on Resort Beach to the north of the Inlet. Approximately 15,000 cubic yards of sandy material will be dredged from the Entrance Channel Transition Area and North and South Jetty protection Areas with placement on Resort Beach to the north of the Inlet. Approximately 99,000 cubic yards of sandy dredged material will be dredged from the Outer Deposition Basin. 50,000 cubic yards of that will be placed South of the Inlet at Croatan Beach and 49,000 cubic yards will be placed to the North on the Resort Beach. A Hydraulic Cutter-head Dredge will be used to accomplish this work. Maximum pay depth (required + allowable), will be to -14 feet Mean Lower Low Water (MLLW) in the Entrance Channel, -20 feet MLLW in the Sand Trap, -16 feet MLLW in the Entrance Channel Transition Area, -14 feet MLLW for the North and South Jetty Protection Areas, and -22 feet MLLW for the Outer Deposition Basin.

Dredging will take place in the Atlantic Ocean and it is expected that dredging conditions will be in an ocean environment. The Contractor is expected to work in the vicinity of large groups of bystanders and tourists during placement operations and work at a project with high recreational traffic through the Entrance Channel. The Contractor will not be allowed to use Lake Wesley as a staging and safe harbor area for plant and equipment but may use the Croatan Point Dock facilities or the Safety Area of the Federal Project. The contractor is expected to have the ability to pump sandy dredged material up to 1.25 miles.”

AMENDMENT 0002

This constitutes Amendment 0002 for Solicitation Number W91236-21-B-5024, for the Rudee Inlet Maintenance Dredging Project located in Virginia Beach, VA. Listed below are the ProjNet Questions posed by the Contractor and Answered by the Government:

Bidder Inquiry ID: 9376898

Bidder Inquiry: Is the sand trap dredged under this contract? If so, what CLIN is it included?

Response to Bidder Inquiry: The Sand Trap is included in this planned contract under CLIN item 0002.

Clarification has been provided in Amendment 0001.

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobilization and Demobilization

FFP

Mobilization and demobilization of all equipment and materials required for the replacement of fender system, including all work incidental thereto as shown on the drawings and as specified, excluding work described in CLINs 0002 and 0007.

FOB: Destination

PSC CD: Y1KF

NET AMT

0002 75,000 Cubic

Yard

Maintenance Dredging Entrance Channel

FFP

Maintenance dredging the Entrance Channel Transition Area North Jetty Area and South Jetty Area to depths specified in the drawings with two feet of allowable overdepth Place dredged material at Resort Beach 12+00 – 30+00 complete, as specified in the drawings, excluding work described in CLINs 0001, and CLINs 0003 through 0007. Place dredged material at Resort Beach from 12+00 – 30+00 complete, Including all associated work as shown on the drawings specified.

Bidders are encouraged to review the table entitled “PLANS FOR DREDGING, BID ITEMS QUANTITY ESTIMATE” on Sheet 12 of the Plans.

0003 15,000 Cubic

Dredge North Jetty and South Jetty Areas

Maintenance dredging the Entrance Channel Transition Area North Jetty Area and South Jetty Area to depths specified in the drawings with two feet of allowable overdepth Place dredged material at Resort Beach 12+00 – 30+00 complete, including all associated work as shown on the drawings specified, excluding work described in CLINs 0001, 0002, and CLINs 0004 through 0007. Bidders are encouraged to review the table entitled “PLANS FOR DREDGING, BID ITEMS QUANTITY ESTIMATE” on Sheet 12 of the Plans.

0004 49,000 Cubic

Dredge Outer Deposition Basin Resort

Maintenance dredging the Outer Deposition Basin Place the dredged material on Resort Beach 12+00 – 30+00 complete, including all associated work as shown on the drawings and specified, excluding work described in CLINs 0001 through 0003 and CLINs 0005 through 0007. Bidders are encouraged to review the table entitled “PLANS FOR DREDGING, BID ITEMS QUANTITY ESTIMATE” on Sheet 12 of the Plans.

0005 50,000 Cubic

Dredge Outer Deposition Basin Croatan

Maintenance dredging the Outer Deposition Basin 50,000 CY. Place the dredged material on Croatan Beach 15+00 – 25+00 complete, including all associated work as shown on the drawings and specified, excluding work described in CLINs 0001 through 0004, and CLINs 0006 and 0007. Bidders are encouraged to review the table entitled “PLANS FOR DREDGING, BID ITEMS QUANTITY ESTIMATE” on Sheet 12 of the Plans.

0006 1 Job Additional Costs to Perform Work

FFP

Additional costs to perform the scheduled work without the availability of Lake Wesley as a staging and safe harbor area for the contractor’s plant and equipment, excluding work described in CLINs 0001 through 0005, and CLIN 0007. The contractor must remove all such additional costs from its pricing for CLINs 0001 through 0005, and CLIN 0007 so that they will be allocated as a firm fixed price in

CLIN 0006.

0007 1 Days Contracting Officer Directed Standby

FFP

Standby time, including all work incidental thereto, complete as shown on the drawings and specifications, excluding items 0001-0006. Bidders are advised that the Contracting Officer may direct up to five (5) standby days based on the daily unit price proposed which will be used in contract modifications should the Government need standby time during the contract administration. Contracting Officer directed standby time calculated by the day (24 hours or 1 Day), including the contractor's costs for holding his equipment and crew on site for a period of 24 consecutive hours. During the contract period, the Government reserves the right to issue stand by orders to the Contractor.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP 1 US ARMY CORPS OF ENGINEERS, NORFOLK

JAMES CAMPBELL

803 FRONT STREET

NORFOLK VA 23510-1011

757-201-7116

W26GLG

0002 180 dys. ANP 75,000 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ANP 15,000 (SAME AS PREVIOUS LOCATION)

0004 180 dys. ANP 49,000 (SAME AS PREVIOUS LOCATION)

0005 180 dys. ANP 50,000 (SAME AS PREVIOUS LOCATION)

0006 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0007 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

Section 00 21 13 - Instructions to Bidders

BIDDER INSTRUCTIONS

1. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by submission via DoD SAFE, as discussed below, only).

Electronic Bid Submission in DoD SAFE

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 10:00 a.m. Eastern Daylight Time (EDT) on August 30, 2021. Bids will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). DoD SAFE is the Government infrastructure utilized to secure bid proposals and IAW FAR 14.202-8, citing FAR 4.5, and as limited by the requirements of the AFARS, 5104.502-90.

All bids must be uploaded into DoD SAFE infrastructure not earlier than August 25, 2021. Bidders will require a unique “Request Code” to upload proposals into DoD SAFE, which must be obtained by email only to POC: Raven D. Sasser at Raven.D.Sasser@usace.army.mil and cc: PPMDContracts@usace.army.mil and Stormie B. Wicks at Stormie.B.Wicks@usace.army.mil. The “Request Code” is required NLT August 27, 2021 at 2:00 p.m. EDT and bids are due NLT 30 August 2021 at 10:00 a.m. EDT. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. If the bidder needs to re-access DoD SAFE, it will need to re-request another code.

If the bidder encounters technical challenges uploading, it may elect to transmit the files via e-mail to the addresses provided in the paragraph above. The subject line of the email must include: BID – W91236-21-B-5024. The body of the email must not include any procurement sensitive information from the bid to avoid that information being disclosed prior to bid opening.

Bidders are STRONGLY encouraged to avoid waiting until the last minute to attempt to transmit their bids.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on August 30, 2021, at 2:00 p.m. EDT for participating bidders. The teleconference phone number and access codes will be emailed to participants once bid submission due date and time has lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

An Abstract of Offers shall be posted to SAM.gov shortly after Bid Opening.

A copy of the duly executed Bid Guarantee (signed by principal and surety with raised seal) must also be included in the attachment labeled “Bid.21B5024_Bidder Name.” A physical copy of the Bid Guarantee in proper form with evident raised seal must be submitted within seventy-two (72) hours to the Government upon request from the apparent low bidder. Additionally, the bid submission shall provide signed BID by letter to include SF1442 and SF 30 acknowledgement of all Amendments.

SPECIAL PROVISION IN RESPONSE TO CORONOVIRUS DISEASE 2019 (COVID19) ON

ACCEPTANCE OF BONDS AND OTHER FINANCIAL PROTECTIONS

Please be advised that in accordance with FAR Deviation 2020-O0016, Class Deviation – Original Documents, Signatures, Seals and Notarizations - Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28 instruments as requested by this solicitation.

The solicitation hereby incorporates Deviation 2020-O0016 to FAR 28.106-1. For any bid bond, performance bond, or payment bond that may be required under this procurement, a seal is not required. In the event of conflict in another provision in the solicitation, the Deviation will control.

Electronic Bid Uploading

Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (.pdf) searchable text format. Electronic files shall be clearly identified for each section and item as detailed in the solicitation. It is the Bidder’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE.

Any questions regarding bid submission should be directed to Mrs. Raven Sasser in ProjNet. See No. 9 for more information on ProjNet.

2. BID EVALUATION AND AWARD

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price 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. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received. The Government may:

a. Reject any or all bids;

b. Accept other than the lowest bid; and

c. Waive informalities or minor irregularities in bids received.

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a Pre-Award Survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. The below Pre-Award Survey Information will be requested of the apparent low offeror. This information is not required to be responsive to the Invitation for Bid:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W91236-21-B-5024

a. Banking Information to include Branch/Location, Point of Contact and Telephone Number.

Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b. Current commitments and expected dates of completion.

c. One (1) signed bank referenced demonstrating adequate financial resources. If bidder’s firm had a line of credit – provide information on how many figures bidder can borrow against the line of credit (i.e.) medium 6 figures – exact line of credit is not required).

d. The bidder shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint

Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the bidder.

To be determined responsible, the apparent low bidder must demonstrate the following:

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations

**NOTE - The Government is not liable for any costs incurred by the bidder submitting a bid in response to this solicitation.

3. PRE-AWARD SAFETY CONFERENCE

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a pre-award survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

4. SMALL BUSINESS SUBCONTRACTING PLAN REQUIREMENTS (NOTE: This requirement does not apply to Small Business Offerors)

If the apparent low bidder identified after bid opening is a large business firm, in accordance with the definition as identified in FAR Clause 52.219-1, “SMALL BUSINESS PROGRAM REPRESENTATION,” the apparent low bidder must submit a small business subcontracting plan upon request of the Contracting Office, or no later than seventy-two (72) hours of the bid opening. The bidder will be required to provide as much specific information on proposed subcontracted effort for the contract as possible. The Small Business Subcontracting Plan shall be thorough and complete, as it will be incorporated into the contract upon award of the contract to the offeror, if acceptable and upon final approval of the Contracting Officer (SEE AFARS – APPENDIX DD Part 3 - Subcontracting Plan Requirements). The plan shall include a description of the type of a description of the types of service the firm proposes to subcontract with small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone business and service disabled owned small business, along with the proposed percentages of their participation to demonstrate a plan to meet the subcontracting goals that will apply to these contracts. If practical, the bidder shall provide specific information on proposed subcontracted effort for this project.

5. BASIS OF AWARD

All blanks must be filled in by the bidder. (In order for the bidder to be considered responsive all CLINS must provide pricing in order to be considered. A single award will be made to the lowest responsible, responsive bidder on the basis of the total price bid. The Government will evaluate bids for award purposes by adding the total price for the basic requirement.

6. EVIDENCE OF AUTHORITY TO SIGN BID

Evidence of the authority of individuals signing bids to submit firm bids on behalf of the bidder is required except where the bid is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated bidder; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the bid satisfactory evidence of the authority of all other persons may be cause for rejection of the bid as invalid or nonresponsive.

7. INCURRING COSTS

The Government is not liable for any costs incurred by the bidder submitting a bid in response to this solicitation.

8. UNBALANCED BIDS

Any bid which is materially unbalanced as to prices for the Contract Line Item Schedule (as defined in FAR 14.408) may be rejected as non-responsive or otherwise not considered for award. An unbalanced bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

9. BIDDER'S QUESTIONS AND COMMENTS

Note: All questions and/or comments for this solicitation need to be submitted through the Bidder Inquiry System (ProjNet) as shown below. All submitted questions will be responded to via ProjNet and an amendment issued prior to the closing date.

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login.

Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add 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.

The Solicitation Number is: W9123621B5024 The Bidder Inquiry Key is: 25N3H4-XN4HY9

Questions and comments for ProjNet are due no later than (NLT) 10 calendar days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Offerors 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. The 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.

10. SOCIO-ECONOMIC STATUS VALIDATION

This is a Full and Open Competitive IFB and HUBZone price preference will be used in accordance with FAR 52.217-4 - Notice of Price Evaluation Preference for HUBZone Small Business Concerns. In order to verify the bidder’s socio-economic status, the System for Award Management (SAM) website will be used to verify the bidder’s socio-economic status..

If you are submitting a bid as a Joint Venture (JV) you need to submit your JV Agreement with your bid.

11. FAR 52.204-7 SAM

In accordance with FAR 52.204-7 - SAM Registration, please ensure that your Unique Identifier Code (CAGE Code or DUNS) is on page 1 of your bid in order to be responsive.

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 52.207-1 Notice Of Standard Competition MAY 2006 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 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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

26.6% 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 Rudee Entrance Channel, Sand Trap, Entrance Channel Transition Area, North Jetty Area, South Jetty Area, and Outer Deposition Basin located in Virginia Beach, Virginia.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

USACE, Norfolk District Attn: Stormie B. Wicks, Contracting Officer 803 Front Street Norfolk, VA 23510 Stormie.B.Wicks@usace.army.mil

(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):

https://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any 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.

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --

Certification.

FEB 2021

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.223-1 Biobased Product Certification MAY 2012 52.228-17 Individual Surety--Pledge of Assets (Bid Guarantee) FEB 2021 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(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…