W91238-18-R-0068.pdf

Marysville Ring Levee (MRL) Project in Marysville, CA

The Marysville Ring Levee (MRL) Phase 2A South project is located in Yuba County CA, on the left bank of the Feather River, in the city of Marysville. The project consists of partially degrading a section of the w aterside embankment, constructing a cutoff w all w ithin the levee embankment degrade (near the temporary excavated slope), and reconstructing the degraded embankment w ith an impervious slope blanket.

In accordance w ith the FAR 36.204(g), the magnitude disclosure of this construction project is betw een $5,000,000 and $10,000,000. This solicitation is proceeding as a full and open procurement. In accordance w ith FAR 19.1307, this project requires the HUB Zone 10% price evaluation.

LEQUITA Y BYRD-CRAIG 916-557-6932

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

16-Jul-2018

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________376 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 __________5 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________15 Aug 2018 (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 offers 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 SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

W91238

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9123818R0068 91

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 00 00 - Procurement and Contracting Requirements

CONTINUATION OF SF1442

CONTINUATION OF STANDARD FORM 1442

BLOCK 20D:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, _______________________, certify that I am the Secretary of the corporation (name) named as a participant in a Joint Venture on this offer; that

_____________________, who signed said offer on behalf of the corporation, was (name) then ______________________ of said corporation; that the signature thereto is (title) genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER IN BLOCK 20B HAS THE AUTHORITY TO BIND THE PARTNERSHIP.

Name Signature

Name Signature

Name Signature

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE

CORPORATE NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN THE OFFER IN BLOCK 20B. PROVIDE PROOF THAT THE PERSON

SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE CORPORATION BY

COMPLETING THE FOLLOWING CERTIFICATE:

CONTINUATION OF STANDARD FORM 1442

CORPORATION AUTHORIZATION CERTIFICATE

I, ___________________________________, certify that I am the Secretary of the (name) corporation named as offeror in the within offer; that (name) who signed said offer on behalf of the corporation, was then

_____________________________________ of said corporation, that the signature (title) thereto is genuine; that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUAL IN BLOCK 20B FOLLOWED BY THE WORDS "AN

INDIVIDUAL DOING BUSINESS AS _____________________________________ (INSERT

NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Specification 2142 1036 02-APR-2018 Attachment 2 Softball Complex As

Built

13 21-MAR-2018

Attachment 3 Phase2A_South_Final_Pri ce Sched

2 21-MAR-2018

Attachment 4 Phase 2A_South Combined Full Plan Set

37 22-MAR-2018

Attachment 5 Davis Bacon Wage Determination

55 01-JUN-2018

Attachment 6 Site Visit Location &

POC

1 16-JUL-2018

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

MOBILIZATION AND DEMOBILIZATION

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to perform all work in accordance with the drawings and specifications of the RFP.

FOB: Destination

NET AMT

0002 1 Job

PROTECT UTILITIES IN-PLACE

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0003 1 Job

TEMPORARY SAFETY FENCE

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0004 1 Job

CLEARING AND GRUBBING

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0005 28,500 Square

Yard

STRIPPING

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0006 1 Job

SURFACE DEFORMATION MONITORING

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0007 2,020 Square

AC/AB DEMOLITION FOR LEVEE

Contractor shall furnish all plant, labor, and material equipment, necessary to

0008 300 Net Ton

(2,000

LB).

STONE REVETMENT REMOVAL AND DISPOSAL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0009 59,920 Cubic

EXCAVATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0010 196,800 Square

Foot

CUTOFF WALL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0011 29,520 Cubic

GENERAL LEVEE FILL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0012 16,190 Cubic

IMPERVIOUS LEVEE FILL FROM EXCAVATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0013 15,760 Cubic

IMPORTED IMPERVIOUS LEVEE FILL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0014 1,100 Net Ton

AGGREGATE BASE COURSE (AB) FOR LEVEE

Contractor shall furnish all plant, labor, and material equipment, necessary to

0015 200 Net Ton

BITUMINOUS CONCRETE PAVEMENT FOR LEVEE

Contractor shall furnish all plant, labor, and material equipment, necessary to

0016 1 Job

PIPE GATES

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0017 18 Acre

GRASS SEEDING AND EROSION CONTROL

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0018 1 Job

STORM WATER POLLUTION PREVENTION PLAN

FFP

STORM WATER POLLUTION PREVENTION PLAN (SWPPP),

DESIGN, DEVELOPMENT, AND IMPLEMENTATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0019 1 Job

TEMPORARY TRAFFIC CONTROL

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0020 14,000 Net Ton

HAUL OFF EXCESS EXCAVATED MATERIAL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0021 2,060 Net Ton

WASTE OF EXCAVATED MATERIAL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0022 1 Job

STAGING AREA A RESTORATION

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0023 3,831 Square

AC/AB DEMOLITION IN STAGING AREA A

Contractor shall furnish all plant, labor, and material equipment, necessary to

0024 410 Net Ton

BITUMINOUS CONCRETE PAVEMENT FOR STAGING

BITUMINOUS CONCRETE PAVEMENT FOR STAGING AREA A

RESTORATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0025 1,280 Net Ton

AGGREGATE BASE COURSE FOR STAGING AREA A

AGGREGATE BASE COURSE FOR STAGING AREA A

RESTORATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0026 1 Job

STAGING AREA B RESTORATION

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0027 3,986 Square

AC/AB DEMOLITION IN STAGING AREAS C

Contractor shall furnish all plant, labor, and material equipment, necessary to

0028 420 Net Ton

BITUMINOUS CONCRETE PAVEMENT FOR STAGING

BITUMINOUS CONCRETE PAVEMENT FOR STAGING AREA C

RESTORATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0029 1,330 Net Ton

AGGREGATE BASE COURSE FOR STAGING AREA C

AGGREGATE BASE COURSE FOR STAGING AREA C

RESTORATION

Contractor shall furnish all plant, labor, and material equipment, necessary to

0030 1 Job

MONITOR WELLS

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0031 135 Linear

Foot

GUARDRAIL

Contractor shall furnish all plant, labor, and material equipment, necessary to

0032 1 Job

BICYCLE SIGN RELOCATION1

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0033 1 Job

STAFF GUAGES RELOCATION

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0034 1 Job

DEMONSTRATION SECTION

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0035 1 Job

PARKING LOT STRIPING

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to

0036 8 Each

POTHOLING FOR SEWER AND WATER LINES

FFP

POTHOLING FOR SEWER AND WATER LINES INSIDE

STAGING AREAS

Contractor shall furnish all plant, labor, and material equipment, necessary to

0037 20 Each

POTHOLING FOR ELECTRICAL AND COMM

FFP

POTHOLING FOR ELECTRICAL AND COMMUNICATION

LINES INSIDE STAGING AREAS

Contractor shall furnish all plant, labor, and material equipment, necessary to

0038 8,000 Square

IMPORTED TOP SOIL

Contractor shall furnish all plant, labor, and material equipment, necessary to

1001 30 Days

OPTION CONSTRUCTION STANDBY

FFP

Contractor shall furnish all plant, labor, and material equipment, necessary to perform all work in accordance with the drawings and specifications of the RFP.

This option item allows the Government the unilateral right to require the contractor to standby at the daily rate proposed for a period of time as the Government determines is necessary, in each instance, for up to a total period of time not to exceed thirty (30) calendar days, which days may be non-consecutive.

Upon receipt of the Government's written notice(s) to standby, the Contractor shall immediately standby until otherwise directed by the Government, and all construction shall be completed by October 31, 2019.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2018 TO

11-OCT-2018

N/A USACE SACRAMENTO DISTRICT

JENNIFER L WHEELIS

ATTN: CONTRACTING DIVISION

1325 J STREET

SACRAMENTO CA 95814-2922

916-373-1617 X320

W91238

0002 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0025 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0027 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0028 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0029 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0031 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0032 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0033 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0034 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0035 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0036 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0037 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0038 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -

Alternate I

OCT 1997

52.215-20 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.217-5 Evaluation Of Options JUL 1990 52.225-12 Notice of Buy American Requirement - Construction

Materials Under Trade Agreements

MAY 2014

52.232-15 Progress Payments Not Included APR 1984 252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

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

2014)

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

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

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

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

52.232-16 PROGRESS PAYMENTS (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items.

(b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 80 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing.

(c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress or

(ii) Unsatisfactory financial condition.

(3) Inventory allocated to this contract substantially exceeds reasonable requirements.

(4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business.

(5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work.

(6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) of this clause, and that rate is less than the progress payment rate stated in subparagraph (a)(1) of this clause.

(d) Title.

(1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.

(2) "Property," as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices.

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (d) (2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract; e.g., the termination clauses, shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance.

(5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall

(i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not--

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101).

(f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause.

(g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts.

(2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification.

(3) Each Contractor request for progress payment shall:

(i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and

(ii) Include any additional supporting documentation requested by the Contracting Officer.

(h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause.

(i) Reservations of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause

(i) Shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met:

(1) The amounts included are limited to--

(i) The unliquidated remainder of financing payments made; plus

(ii) Any unpaid subcontractor requests for financing payments.

(2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months.

(3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments--

(i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern;

(ii) Are at least as favorable to the Government as the terms of this clause;

(iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor;

(iv) Are in conformance with the requirements of FAR 32.504(e); and

(v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32;

(ii) Are in conformance with the requirements of FAR 32.504(f); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(5) If the financing payments are in the form of commercial item financing payments, the terms of the subcontract or interdivisional order concerning payments--

(i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial item purchase that meets the definition and standards for acquisition of commercial items in FAR Parts 2 and 12;

(ii) Are in conformance with the requirements of FAR 32.504(g); and

(iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if--

(A) The Contractor defaults; or

(B) The subcontractor becomes bankrupt or insolvent.

(6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern.

(7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract.

(8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor.

(9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in Subpart 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.

(k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions.

(l) Due date. The designated payment office will make progress payments on the 30th day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act.

(m) Progress payments under indefinite--delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S. Army Corps of Engineers, Sacramento District ATTN: Melissa A. DeNigris, Contracting Officer 1325 J Street – Room 878 Sacramento, CA 95814

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

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

Monday 23 July 2018 at 10:00 am Pacific Time

(c) Participants will meet at--

Marysville Boat Launch parking lot, Marysville, CA

Use Biz Johnson to obtain access from F Street There is no physical address location Latitude: 39.138932°Longitude: -121.601543°

52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

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

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

(1) Lump sum price;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.

(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.

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

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

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

http://farsite.hill.af.mil/vmfara.htm

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

NONE

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulations (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND OFFERORS (RFPS):

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your proposal.

--The completed CLIN Schedule will be requested in Phase II with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places).

Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00 45 00).

--Your Bid Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

--Any other documents required by the solicitation (see Attachments and/or Section 00 22 10 and 00 22 20 for competitive RFPs).

INQUIRIES:

Prospective offerors should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for receipt of proposals, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, offerors will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the QUICK ADD link. Select agency as USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click continue. Fill in all required information and click Add User.

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

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

4. The Solicitation Number is : W91238-18-R-0068

The Bidder Inquiry Key is: GARVHC-MNVFS3

c. The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

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

e. 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.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

g. (1) The point of contact for this solicitation is:

Contract Specialist: Lequita Byrd-Craig Telephone: (916) 557-6932 E-MAIL Lequita.Y.Byrd-Craig@usace.army.mil

(2) All technical questions on the specifications or drawings must be submitted in writing to:

https://www.projnet.org/projnet

(3) Oral explanations or instructions are not binding. Changes to the solicitation can only be made by an amendment to the solicitation.

DIRECTIONS FOR SUBMITTING OFFERS:

Envelopes/packages containing offers must be sealed, marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Solicitation No. W91238-18-R-0068

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division (Lequita Y Byrd-Craig) 1325 J Street Sacramento CA 95814-2922

SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:

Hand-carried offers must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.

Due to security precautions, offerors may no longer hand-carry their offers directly to Contracting Division. Offers may NOT be turned-in at the Security Desk or left unattended elsewhere in the Lobby. Additionally, you are advised that there is no public parking in the Building.

The contract specialist will be in the Building Lobby 20 minutes prior to the closing time to accept hand-carried offers.

Offerors who desire to hand-deliver their offers at an earlier time must coordinate with the contract specialist in advance in order to arrange to be met in the Building Lobby by Contracting Division personnel.

Please ensure that all courier and delivery personnel are aware of these procedures.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Section 00 22 00, Preaward Survey Information). All offerors will complete and return the Preaward Survey as part of the Price/Cost proposal. Failure to submit the Pre-award Survey in conjunction with the price proposal will not of itself render the offer unacceptable.

Determination of Contractor Responsibility will be completed in accordance with FAR 9.104-1.

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in FAR 9.104-1) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

The Pre-award Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the Price/Cost proposal and is separate from the technical proposal's response to the technical evaluation criteria found later in this section. Some of the information required from the offeror for completion of the Preaward Survey and the technical proposal may be duplicative but it is necessary that the information be provided in full in both places and that the Price/Cost proposal and the Technical proposal be separate documents. DO NOT state, for example, in the technical proposal, "See Price/Cost proposal for past performance information".

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

a. The internet URL for Corps of Engineers publications is:

http://www.publications.usace.army.mil/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications.

Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

ACCEPTANCE OF OFFERS:

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

System for Award Management (SAM) Registration:

It is a requirement that any and all contractors that intend to do business with the government must be registered in the System for Award Management (SAM) database. No contract may be awarded by the government to any contractor who is not registered in SAM. If your company is not registered in SAM, you must register in order to be eligible for any government award.

The following link provides access to the SAM website:

https://www.sam.gov/portal/public/SAM/

If you have difficulties with or questions regarding the SAM registration, the following link has been set up by the Defense Logistics Agency (DLA) to assist contractors registering for CAGE codes for enrollment and navigation within SAM:

https://www.logisticsinformationservice.dla.mil/CAGETier3/

Section 00 22 00 - Supplementary Instructions

SUPPLEMENTARY INSTRUCTIONS

SOLICITATION SECTIONS PERTAINING TO OFFEROR’S SUBMISSION AND EVALUATION

PROPOSAL BASIS OF AWARD

GENERAL SUBMISSION REQUIREMENTS AND

INSTRUCTIONS, EVALUATIONS,

AND CONTRACT

AWARD

1. OVERVIEW.

a. This solicitation is for the Marysville Ring Levee (MRL) Phase 2A South in Marysville, California.