B.08.02 22B5014 Solicitation 08012022.pdf

W9123622B5014 Piankatank Oyster Reef Phase II

This is a 100% TOTAL SMALL BUSINESS SET-ASIDE.

The contract duration is 152 days from receipt of Notice to Proceed for the base items and may be extended up to an additional 30 days per each Option (Option 1 CLINS 0004-0005, Option 2 CLINS 0006-0007, Option 3 CLINS 0008-0009), if exercised

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

Contracting POC: Tracey Straw bridge, 757-201-7145, tracey.m.straw bridge@usace.army.mil.

X

TRACEY STRAWBRIDGE 757-201-7145

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

02-Aug-2022

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______20 calendar days and complete it w ithin ________152 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________31 Aug 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______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

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

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)

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

W9123622B5014 72

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

W9123622B5014

Section 00 00 00 - Procurement and Contracting Requirements

CONTRACT INFORMATION

1. PROJECT DESCRIPTION:

The Norfolk District, Corps of Engineers will be issuing a solicitation for a 100% small business set-aside, firm fixed-price, Invitation for Bid (IFB) to complete the CHESAPEAKE BAY OYSTER RECOVERY PROGRAM, PIANKATANK RIVER REEF HABITAT PHASE II, PIANKATANK RIVER, VIRGINIA

The U.S. Army Corps of Engineers-Norfolk District in Partnership with the Virginia Marine Resources Commission will be issuing a contract for the Piankatank River, Phase 2-Reef Habitat Restoration Project. The Project is located near the mouth of the Piankatank River in Middlesex and Mathews Counties. The Project is obtaining, transporting and placing Class A-1 riprap via barge to the project site. All reef substrate will be placed by mechanical clamshell from a barge. and recorded by Clamvision to ensure proper placement and height. The reef will span across approximately 53 acres of Public Baylor Grounds, approximately 12-18” in height. Substrates will be placed in striations approximately 30 feet wide, spaced approximately 45 feet apart. The Base Bid consists of placement of reef structures on approximately 7.98 acres of the project site. Option 1 consist of placement of reef structures on additional 4.25 acres of the project site. Option 2 consists of the placement of reef structures on approximately 2.96 acres, and Option 3 includes the placement on approximately 3.36 acres. Reef substrate will be installed per the plan drawings and specifications on the project site in water depths ranging from approximately 0.96’ MLLW to 0.10’

MLW

2. POINTS OF CONTACT:

Contract Specialist Name: Tracey Strawbridge Number: 757-201-7145 Email: tracey.m.strawbridge@usace.army.mil

Contracting Officer Name: Eartha D. Garrett Number: 757-201-7131 Email: Eartha.D.Garrett@usace.army.mil

Contracting Officer Representative Name: Reid Schwartz Number: 757-201-7896 Email: Reid.A.Schwartz@usace.army.mil

Additional Group Email:

Email: PPMDContracts@usace.army.mil

3. IDENTIFICATION OF CORRESPONDENCE:

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

4. INVOICING:

Invoices shall be submitted using the Resident Management System Contractor Mode (RMS CM) in accordance with the procedures in the specification section 1.6.2.2.

5. CONTRACT MODIFICATIONS:

Please be informed that only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

6. REQUIRED INSURANCE

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence Motor Vehicle Liability (For each motor vehicle): $200,000 per person Bodily injury or death $500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

7. ANTITERRORISM/ SECURITY

AT Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum."

Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language:

"All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes."

For contractors who do not require CAC, but require access to a DoD facility or installation. Proposed language: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. Proposed language: "The contractor and all associated sub-contractors shall receive a brief/training

(provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training."

Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

8. PERIOD OF PERFORMANCE:

Contract Period of Performance is 152 days for the base items plus additional 30 days for each optional item as outlined below:

Option 1 (CLINS 0004-0005) Option 2 (CLINS 0006-0007) Option 3 (CLINS 0008-0009)

Period of Performance shall not exceed 9 months for the Base and all Options, if awarded, combined.

9. LIQUIDATED DAMAGES:

Liquidated Damages will be assessed at a rate of $976.00 per calendar day of delay.

Section 00 01 10 - Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES

Attachment 1 Final Specifications 150 Attachment 2 Final Plans 4

Section 00 10 00 - Solicitation

TOTAL EVALUATED PRICE

Total Evaluated Price (TEP) = ALL Base CLINs (SCHEDULE I) + ALL Option CLINs (SCHEDULE II)

Apparent Low Bidder is determined by TEP

TOTAL SCHEDULE I: BASE BID (CLINS 0001-0003): $___________________________________

TOTAL SCHEDULE II: OPTION 1 (CLINS 0004-0005) BID: $_______________________________

TOTAL SCHEDULE II: OPTION 2 (CLINS 0006-0007) BID: $_______________________________

TOTAL SCHEDULE II: OPTION 3 (CLINS 0008-0009) BID: $_______________________________

TOTAL SCHEDULE II: OPTIONS 1-3 (CLINS 0004-0009) BID: $____________________________

TOTAL BASE SCHEDULE I + TOTAL SCHEDULE II OPTIONS 1-3 BID = TOTAL EVALUATED

PRICE: $__________________________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mob and Demob - SCHEDULE I

FFP

Mobilization and demobilization of all plant and equipment, excluding bid items 0002-0009 FOB: Destination

PSC CD: Y1QA

NET AMT

0002 23,168 Net Ton

(2,000

LB).

VDOT CLass A1 Stone - SCHEDULE I

FFP

Purchase, Load, and Transport VDOT Class A1 Stone to Reef 2 (including all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 and 0003 thru 0009

0003 23,168 Net Ton

Place Stone at Reef 2 - SCHEDULE I

Place Stone at Reef 2 (including the cost of all plants, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0002 and 0004 thru 0009

0004 12,360 Net Ton

OPTION VDOT Class A1 Stone SCHEDULE II OPTION 1

Purchase, Load, and Transport VDOT Class A1 Stone to Reef 2 (including all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0003 and 0006 thru 0009.

DELIVERY FOR CLINS 0004 and 0005 is 30 days TOTAL

0005 12,360 Net Ton

OPTION Stone at Reef 2 - SCHEDULE II OPTION 1

Place Stone at Reef 2 (including the cost of all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0003 and 0006 thru 0009.

DELIVERY FOR CLINS 0004 and 0005 is 30 days TOTAL

0006 8,597 Net Ton

OPTION VDOT Class A1 Stone SCHEDULE II OPTION 2

Purchase, Load, and Transport VDOT Class A1 Stone to Reef 2 (including all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0005 and 0008 thru 0009.

DELIVERY FOR CLINS 0006 and 0007 is 30 days TOTAL

0007 8,597 Net Ton

OPTION Stone at Reef 2 SCHEDULE II OPTION 2

Place Stone at Reef 2 (including the cost of all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0005 and 0008 thru 0009.

DELIVERY FOR CLINS 0006 and 0007 is 30 days TOTAL

0008 9,763 Net Ton

OPTION VDOT Class A1 Stone SCHEDULE II OPTION 3

Purchase, Load, and Transport VDOT Class A1 Stone to Reef 2 (including all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0007.

DELIVERY FOR CLINS 0008 and 0009 is 30 days TOTAL

0009 9,763 Net Ton

OPTION Stone at Reef 2 SCHEDULE II OPTION 3

Place Stone at Reef 2 (including the cost of all plant, methods, and labor), complete as indicated and specified, exclusive of items 0001 thru 0007.

DELIVERY FOR CLINS 0008 and 0009 is 30 days TOTAL

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 152 dys. ANP 1 US ARMY CORPS OF ENGINEERS

NORFOLK

REID SCHWARTZ

803 FRONT STREET

NORFOLK VA 23510-1011

(757) 201-7896

W26GLG

0002 152 dys. ANP 23,168 (SAME AS PREVIOUS LOCATION)

0003 152 dys. ANP 23,168 (SAME AS PREVIOUS LOCATION)

0004 30 dys. ANP 12,360 (SAME AS PREVIOUS LOCATION)

0005 30 dys. ANP 12,360 (SAME AS PREVIOUS LOCATION)

0006 30 dys. ANP 8,597 (SAME AS PREVIOUS LOCATION)

0007 30 dys. ANP 8,597 (SAME AS PREVIOUS LOCATION)

0008 30 dys. ANP 9,763 (SAME AS PREVIOUS LOCATION)

0009 30 dys. ANP 9,763 (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

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 PIEE, as discussed below only).

Electronic Proposal Submission in Procurement Integrated Enterprise Environment (PIEE):

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 2:00 p.m. Eastern Day Time (EDT) on 31 August 2022. Bids will be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. Proposal submittals by any other means will not be accepted and will not be eligible for award.

Submittals sent through proprietary or third-party File Transfer Protocol (FTP) sites or DoD SAFE will not be retrieved.

Bidders are strongly encouraged to monitor the PIEE Solicitation Module to ensure your Proposal will be received no later than the exact time provided for in this solicitation. For example, the Solicitation Module provides information about upcoming maintenance downtime which may impact the ability to submit an electronic file.

Bidders should acquaint themselves with the process to submit electronic proposal files and allow sufficient time for file upload and for the Solicitation Module to accept your Digital PIN and issue a One-Time Password (OTP) to be received in your designated email account.

In the event the PIEE Solicitation Module is down, the Bidder must notify the Contracting Officer, that the system is down and submission through the Solicitation Module is not possible, prior to the submission deadline. Contractor notification shall be in writing and may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient.

It is the responsibility of the Bidder to confirm receipt of proposals. All bids received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR). In the event the Contractor alleges technical difficulties and does not notify the contracting officer until after the submission deadline, the Contracting Officer will follow procedures identified in the Federal Acquisition Regulation (FAR 14.304(b)(1)) to determine if the Contractor’s late submission is accepted.

Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before submission. Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII) in the File Description.)

OFFERORS ARE STRONGLY ENCOURAGED TO AVOID WAITING UNTIL THE LAST MINUTE TO

ATTEMPT TO TRANSMIT THEIR PROPOSALS. TECHNICAL ISSUES WITH UPLOAD MAY

RENDER YOUR PROPOSAL TO BE LATE.

Procurement Integrated Enterprise Environment (PIEE) Resources:

Training material and guides for registering and submitting proposals can be found below and is provided to assist in locating the full scope of resources available on the PIEE website:

a) PIEE Solicitation Module Vendor Access Instructions:

https://www.acq.osd.mil/dpap/pdi/eb/docs/PIEE/PIEE_Solicitation_Module_Vendor_Access_Instructions.pdf

b) For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

c) Additional training and PIEE Solicitation Module resources can be found on the PIEE website at:

https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

There are two vendor roles (Proposal Manager, Proposal View Only) for the PIEE Solicitation Module. The Proposal Manager role is required to submit an offer to a solicitation posted in the PIEE Solicitation Module.

Additionally, please be advised that when using the PIEE Solicitation Module, the user’s e-mail address in PIEE must match the e-mail address on file in SAM.gov.

Any questions regarding Bid Submissions should be directed to Ms. Tracey Strawbridge via ProjNet.

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 FAR part 28 instruments as requested by this solicitation. The solicitation hereby incorporates Deviations 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 Opening There will be a “public” bid opening conducted by the Government via teleconference 1 September 2022 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.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-four (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

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.22B5011_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 SF30 acknowledgment of ALL Amendments.

3. AWARD TO THE RESPONSIBLE BIDDER

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. A pre-award survey maybe performed in determining the bidder’s responsibility in accordance with FAR 9.104 and 9.106. The bidder will 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. If the bidder is unable to comply with the request for pre-award survey, the bidder will no longer be considered for award.

To be determined responsible, a bidder must:

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.

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

Additionally, in accordance with FAR Part 9.1, prior to awarding a contract, the Government will conduct a Responsibility Determination of the firm selected for award. The below information will be requested of the apparent low bidder. This information is not required to be responsive to the Invitation for Bid. Too efficiently and expeditious award the resultant contract, it is HIGHLY recommended that bidders provide the below information with their bid. If bidders wish to shield this information from public view at the bid opening, the information may be placed in an envelope with the following legend:

PRE-AWARD SURVEY INFORMATION

SOLICITATION NO. W9123622B5011 This information is not required to be responsive to the Invitation for Bid.

a) Current commitments and expected dates of completion.

b) One (1) signed bank reference demonstrating adequate financial resources. If bidder’s firm has 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).

c) The bidder shall provide the latest three (3) 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.

d) IMPORTANT NOTE, this solictation requires the apparent low bidder to submit definitive responsibility criteria (DRC) as defined below in order to be responsive within 2 calendar days of bid opening:

Marine Construction Experience: The bidder shall provide two examples of completed contracts performed in the last five years involving placement of structures or substrate in a marine setting comparable to what will be required in this contract as shown on the drawings and specified in Specification Section 35 20 05, Stone for Reef Habitat, and Section 35 20 10, Reef Habitat Construction.

5. EVIDENCE OF AUTHORITY TO SIGN BIDS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship.

Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive

6. PRE-AWARD SAFETY CONFERENCE

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.

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.

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.

7. BASIS OF AWARD

All blanks in the Construction Bid Schedule must be filled in by the bidder. In order for the bidder to be considered responsive all Line Items in the Construction Bid Schedule must be priced in order to be considered and the sum of all line items (1 through 9) must be filled for the Total Evaluated Price. A single award will be made to the lowest responsible, responsive bidder on the basis of the Total Evaluated Price. Prior to making an award, a pre-award survey will be made, and the low bidder will be required to show that they have the necessary capital, experience, and owns or can procure the necessary plant 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.

8. INCURRING COSTS

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

9. AGENTS

Bids signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal

10. UNBALANCED BIDS

Any bid which is materially unbalanced as to prices for the contract line items 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.

11. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter.

12. MAGINITUDE OF CONSTRUCTION

In accordance with DFARs Part 236, the estimated Magnitude of Construction for this project is between $1,000,000.00 and $5,000,000.00.

13. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments for this solicitation should 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 solicitation closing date. ProjNet will close 15 calendar days prior to the solicitation closing date.

Submitting a Bidder Inquiry:

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: W9123622B5014 The Bidder Inquiry Key is: RSJYX4-VPFZWR

The Bidder Inquiry System will be unavailable for new inquires 15 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. 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. 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.

14. SOCIO ECONOMIC STATUS VALIDATION

This is an Small Business Set-aside. In order to verify the bidder’s socio-economic status, the System for Award Management (SAM) website will be used to verify. 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.

Bidders must represent their Socioeconomic status. If you are submitting a bid as a Joint Venture (JV) you need to submit your JV Agreement with your bid.

15. MISTAKES IN BID

In case of discrepancies between the unit price and the extended total, unit price will be held to the intended bid and the total of the CLIN will be recalculated by multiplying the proposed unit price by the estimated quantity.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-12 Preparation Of Bids APR 1984 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

52.225-9 Buy American--Construction Materials NOV 2021 52.225-10 Notice of Buy American Requirement--Construction

Materials

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 MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

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)

52.228-1 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 $_4,500,000.00, whichever is less.-

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

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

(End of provision)

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: Eartha D. Garrett 803 Front Street Norfolk, VA 23510

Email: Eartha.D.Garrett@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 FAR and DFARs (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 00 - Supplementary Instructions

52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

Section 00 45 00 - Representations and Certifications

52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

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

Certification

NOV 2021

52.219-1 Alt I Small Business Program Representations (SEP 2021) Alternate I

SEP 2015

52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification

AUG 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

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

DEC 2019

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

MAY 2021

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

(2) The small business size standard is $39,500,000.00.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

(v) 52.204-5, Women-Owned Business (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) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

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

(xv) 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.

(xvi) 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…