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PL 84-99 Feather RIver Site 0521-32 Levee Repair
This project is for the reconstruction to rehabilitate the levee to pre-flood conditions. Physical Activites for this w ork shall not begin prior to 1
April 2020. All earthw ork shall be completed by 1 November 2020.
This levee rehabilitation site is located along the Feather River in Sutter County.. The specif ic site is 0521-32 w hich is located on the w est bank of the Feather River at Abbott Lake, 6 1/2 miles south of South Yuba City.
Per FAR 36.204(f), the estimate magnitude of construction is betw een $1M and $5M.
This requirement is set aside for small businesses.
X
KENLEY LOTT 916-557-5326
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
26-Jul-2019
(RFP)
(IFB)
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________270 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Aug 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time 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 _______120 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
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
W9123819B0019 52
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
W9123819B0019
Section 00 00 00 - Procurement and Contracting Requirements
CONTUATION 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
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 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
(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 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 01 Specifications 260 17-JUN-2019
Attachment 02 Drawings 5 03-APR-2019
Attachment 03 Davis Bacon Act Wage
Determinations
79 03-JUN-2019
Section 00 10 00 - Solicitation
ITEM(S) 0001 - BID SCHEDULE
BID SCHEDULE INSTRUCTIONS
Instructions for Recording Prices on Bid Schedule.
1. All bidders shall bid all Bid Schedule Items.
2. Bidders shall record their total prices for the base and options on the CLIN Schedule at Section 00 10 00.
NOTE 1:
In the event there is a conflict between a unit price, the total price and/or the extended total, the unit price will be held to be the intended bid.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job PL84-99 Site 0521-32 Levee Repair
FFP
See Bid Schedule
FOB: Destination
SIGNAL CODE: A
NET AMT
CLIN 0001 Bid Schedule
Bid Schedule Item
Description Unit of Measure
Estimated Quantity
Unit Price
Total Price
0001 Mobilization and Demobilization JOB 1 $ $
0002 SWPPP Development and Implementation
JOB 1 $ $
0003 Clearing, Stripping, and Grubbing SY 8,890 $ $
0004 Disposal of Material SY 8,890 $ $
0005 Quarry Stone TONS 12,300 $ $
0006 Grass Seeding and Erosion Control SY 6,800 $ $
CLIN 0001 TOTAL $
1001 1,000 Dry Ton OPTION Additional Quarry Stone (1 - 1K tons)
FFP
Contractor shall provide and place quarry stone in addition to the quantities identified in the Bid Shedule. The price for this additional quarry stone is per ton for quantities between 1 ton and 1000 tons. This option may be exercised for any quantity between 1 ton and 1000 tons.
2001 5,000 Dry Ton OPTION Additional Quarry Stone (1K - 5K tons)
FFP
Contractor shall provide and place quarry stone in addition to the quantities identified in the Bid Shedule. The price for this additional quarry stone is per ton for quantities between 1000 tons and 5000 tons. This option may be exercised for any quantity between 1000 ton and 5000 tons.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 270 dys. ANP 1 VALLEY RESIDENT OFFICE
JENNIFER L WHEELIS
2021 JEFFERSON BLVD
WEST SACRAMENTO CA 95691
916-373-1617 X320
W91238
1001 270 dys. ANP 1,000 (SAME AS PREVIOUS LOCATION)
2001 270 dys. ANP 5,000 (SAME AS PREVIOUS LOCATION)
Section 00 20 00 - Instructions for Procurement
INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFEROR
The following documents must be returned with your 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 quote, bid, or offer.
--Your completed Representations, Certifications, and Other Statements of Offerors (Section 00 45 00).
--The completed CLIN Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract 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 Offer Guarantee (e.g., Standard Form 24, “Bid Bond”)
-- Any other documents required by the solicitation (see Attachments and/or Section 00 22 11 OR 00 22 10)
DIRECTIONS FOR SUBMITTING OFFERS:
Offers can be mailed or hand delivered to the address below no later than the date and time identified in Block 13A of the SF1442. Offers shall include the original, one copy, and electronic bid in PDF format on a CD-ROM.
US Army Corps of Engineers, Sacramento District Attn: Kenley Lott, Contracting Division, Room 866
1325 J Street, Sacramento, CA 95814
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 11 or Pre-award Survey attachment). 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. In order to be determined to be responsible a prospective contractor must be determined responsible in accordance with FAR 9.104-1. 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.
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
PERFORMANCE AND PAYMENT BONDS:
The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15.
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.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
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
52.214-18 Preparation of Bids-Construction APR 1984
52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996
52.214-34 Submission Of Offers In The English Language APR 1991
52.214-35 Submission Of Offers In U.S. Currency APR 1991
52.215-16 Facilities Capital Cost of Money JUN 2003
52.232-13 Notice Of Progress Payments APR 1984
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.215-7008 Only One Offer OCT 2013
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting
Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
52.233-2 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:
US Army Corps of Engineers, Sacramento District
Attn: Construction Contracting Officer, Room 878
1325 J Street
Sacramento, CA 95815
(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/
52.252-3 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 Department of Defense Federal Aquisition Regulation Supplement (48 CFR
Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section 00 21 13 - Instructions to Bidders
52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-20 Alt II Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data (Oct 2010) - Alternate II
OCT 1997
52.215-20 Alt IV Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data (Oct
2010) - Alternate IV
OCT 2010
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
Wednesday, August 14th at 9:am.
(c) Participants will meet at--
Parkling Lot east terminus of Star Bend Rd. Adjacent to Levee.
Coordinates 39.01085, -121.60343
**Special Note**
Due to the vegetation present at this site, this area contains multiple bee and/or hornet nests. Anyone allergic to bee or insect stings should exercise extreme caution or consider sending someone in their place who isn’t allergic. Mosquitoes are also known to heavily inhabit this area and visitors have experienced multiple mosquito bites without repellant. Due to the undergrowth also present the possibility exists for other animals to inhabit the area.
Section 00 22 00 - Supplementary Instructions
PRE-AWARD SURVEY
CONSTRUCTION CONTRACTOR DATA DATE:
Firm Name and Telephone Number Main Office Address (Street, City, and State)
Branch Offices Services Rendered
Construction
Design
Consultant
Organization
Individual Joint Venture
Partnership Corporation
Date Organized Date Incorporated:
State:
Names of Officers and Other Key Personnel
I – PRESENT PAYROLL PERSONNEL (List Number of Each Category Below)
Partners:
Officers:
Other Key:
Remainder: Subtotal Permanent:
Maximum Personnel at Any Time:
Date:
Total:
II—EQUIPMENT OWNED III—FINANCIAL DATA AS OF
(DATE): Present Value ($)
Current Assets:
Acquisition Cost ($) Current Liabilities:
Net Worth:
IV—TOTAL VALUE OF CONSTRUCTION AND DEMOLITION WORK
IN PAST 6 YRS EXCLUSIVE OF JOINT VENTURE (LIST MOST
RECENT FIRST)
V—LARGEST JOB EVER
CONTRACTED
(If Other Than in Past Six Years) $ LARGEST JOB IN PAST 6 YRS Contract Amount:
Date:
Description:
Owner:
$ Contract Amount:
Date:
Description:
Owner:
Avg. Annual Income
VI—TYPE OF WORK IN WHICH FIRM SPECIALIZES
NAME AND POSITION/TITLE OF PERSON SIGNING SIGNATURE
See attachment for explanations or detailed description of item(s) reported above.
CONSTRUCTION CONTRACTOR DATA – SCHEDULE A – EXISTING COMMITMENTS
List below the construction projects your firm currently has under way, including recent awards. Also list construction projects for which your firm is the apparent successful offeror/bidder, but for which a contract has not yet been awarded.
CONTRACT
NUMBER
AMOUNT
DESCRIPTION/
LOCATION
ORGANIZATION/
CONTACT PERSON/
PHONE NUMBER
PERCENT
COMPLETE
CONSTRUCTION CONTRACTOR DATA – SCHEDULE B – COMPLETED PROJECTS
List below the principal construction projects your firm has completed within the past five years, including all DoD contracts with a total value exceeding $2,500,000.00.
NUMBER
AMOUNT
DESCRIPTION/
LOCATION
ORGANIZATION/
CONTACT PERSON/
PHONE NUMBER
PERCENT
SUBLET
CONSTRUCTION CONTRACTOR DATA – SCHEDULE C
CONSTRUCTION AND/OR TECHNICAL EQUIPMENT
List total equipment and facilities owned for performing the prospective contract and present status as to whether or not it is currently committed to existing contracts.
QUANTITY
DESCRIPTION
CONDITION
YEARS OF
SERVICE
PRESENT
STATUS
Section 00 22 13 - Supplementary Instructions to Bidders
INSTRUCTIONS TO BIDDERS
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
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 bids, please check http://www.fedbizopps.gov
b. Contractual and Technical inquiries and questions relating to bidding 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: W9123819B0019 The Bidder Inquiry Key is: E74672-PPDB7A
c. The Bidder Inquiry System will be available until close of business 20 August 2019, prior to bid 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 be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of bids.
g. The point of contact for this solicitation is:
Contract Specialist: Kenley Lott Telephone: (916) 557-5326
E-MAIL: Kenley.Lott@usace.army.mil
DIRECTIONS FOR SUBMITTING OFFERS:
Envelopes/packages containing offers must be sealed, marked and addressed as follows:
MARK ENVELOPES/PACKAGES:
Solicitation No. W9123819B0019
ADDRESS ENVELOPES/PACKAGES TO:
Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division, Kenley Lott 1325 J Street Sacramento CA 95814-2922 https://www.projnet.org/projnet mailto:Kenley.Lott@usace.army.mil
SPECIAL INSTRUCTION PERTAINING TO HAND-CARRIED OFFERS:
Hand-carried offers must be delivered to: Room # 866 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 time earlier than the time bids are due 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). All offerors will complete and return the Preaward Survey as part of the bid. Failure to submit the Preaward Survey in conjunction with the bid 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 Preaward Survey as a tool used by the Government in determining responsibility of the offeror is submitted as part of the bid.
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
FACSIMILE BIDS/OFFERS:
Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.
PERFORMANCE AND PAYMENT BONDS:
The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15.
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.
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/ —End Section—
52.217-5 Evaluation Of Options JUL 1990
Section 00 45 00 - Representations and Certifications
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
252.203-7004 Display of Hotline Posters MAY 2019
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.
(2) The small business size standard is $36,500,000.
(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) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and
III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-
5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
X (i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-
Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
https://www.sam.gov/
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV
2011)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
https://www.sam.gov/
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2019)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.
Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material
Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material
Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through
(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material
Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
Section 00 70 00 - Conditions of the Contract
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-2 Security Requirements AUG 1996
52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-22 Alternative Line Item Proposal JAN 2017
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-18 Variation in Estimated Quantity APR 1984
52.214-26 Audit and Records--Sealed Bidding OCT 2010
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding
AUG 2011
52.214-28 Subcontracting Certified Cost Or Pricing Data--
Modifications--Sealed Bidding
OCT 2010
52.214-29 Order Of Precedence--Sealed Bidding JAN 1986
52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications
(Deviation 2018-O0015)
JUL 2018
52.215-15 Pension Adjustments and…
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