B08-AMD_07_23R0372_06.15.2023.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04 EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The Solicitation for Colorado River Phase I, Wharton, Texas is amended as follows.

See SF30 Continuation Sheet(s)

NOTE: This amendment is for clarification and does not require a revised proposal.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED 15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer) (Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X 9A. AMENDMENT OF SOLICITATION NO.

W9126G23R0372

X 9B. DATED (SEE ITEM 11)

10-Jan-2023

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE

DATE

15-June-2023

CODE

US ARMY ENGINEER DISTRICT, FORT WORTH

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A19

P.O. BOX 17300

FORT WORTH TX 76102-0300

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODE CODE

EMAIL: TEL:

W9126G23R0372

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

CHANGES TO SOLICITATION W9126G23R0372

1. Replacement Sections: Replace the following section with the accompanying new section of the same number and title bearing the notation W9126G23R0372 0007

00 11 00.02 - CONTRACT LINE ITEM SCHEDULE

00 21 00 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00 22 00 - EVALUATION CRITERIA TRADEOFF LOWEST PRICE TECHNICALLY

ACCEPTABLE PROCESS PROPOSAL PREPARATION

End of Summary of Changes m2ecanet Cross-Out

Project Title: This requirement is an Unrestricted Procurement, Request for Proposal, Low est Price Technically Acceptable, for Wharton Colorado River Phase I Project, Wharton, Texas.

Specif ications and Draw ings attached.

NAICS: 237990, Other Heavy and Civil Engineering.

Set-Aside: Unrestricted.

Disclosure of Magnitude of Construction Projects (DFARS 236.204) - The estimated price range of the proposed construction is betw een $25,000,000.00 to $100,000,000.00.

The contractor shall not begin on site w ork until the bond documents and insurance certif icates have been accepted by the Contracting Officer and a Notice to Proceed, signed by the Contracting Off icer, has been received and signed by the Contractor.

TERRY HARDIN 817-886-1068

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

10-Jan-2023

(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 ________540 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Feb 2023 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, CT OFC RM 2A17

FORT WORTH TX 76102-0300

W9126G

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)

(817) 886-6403FAX:TEL: TEL: FAX:

W9126G23R0372 94

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

0001 0002 0003 0004 0005 0006

01/12/2023 01/20/2023 02/08/2023 02/08/2023 02/14/2023 02/23/2023

Section: 00 11 00 W9126G23R0372

Item Unit Line Item No. Description Quantity Unit Price Amount

0001 All work required for mobilization and demobilization. 1 JOB $ *** $

0002 All work required for temporary erosion control and SWPPP devices/BMPs, in cluding construction entrances, clearing and grubbin, including disposal of excess materials and demolition - removal of existing facilities and utilities. 1 JOB $ *** $

0003 All work required for unclassified excavation. 358,350 CY $ $

0004 All work required for the embankment. 186,452 CY $ $

0005 All work required for excess material haul-off. 171,895 CY $ $

0006 All work for the construction of maintenance roads, drainage improvements and permanet seeding. 1 JOB $ *** $

0007 All work required for temporary erosion control and SWPPP devices/BMPs, in cluding construction entrances, clearing and grubbin, including disposal of excess materials and demolition - removal of existing facilities and utilities. 1 JOB $ *** $

0008 All work required for unclassified excavation. 852,956 CY $ $

0009 All work required for the embankment. 283,240 CY $ $

0010 All work required for excess material haul-off. 569,716 CY $ $

Colorado River Phase 1 Wharton, Texas

CONTRACT LINE ITEM SCHEDULE

BASE OFFER: All work required by the plans and specifications.

2 LEVEE REACH 1/RUST SUMP

3 LEVEE REACH 2/VINEYARD AND HARRISON SUMPS

Item Unit Line Item No. Description Quantity Unit Price Amount

Colorado River Phase 1 Wharton, Texas

CONTRACT LINE ITEM SCHEDULE

0011 All work for the construction of maintenance roads, drainage improvements and permanet seeding. 1 JOB $ *** $

0012 All work to complete the Hughes Street improvements. 1 JOB $ *** $

0013 All work required for temporary erosion control and SWPPP devices/BMPs, in cluding construction entrances, clearing and grubbin, including disposal of excess materials and demolition - removal of existing facilities and utilities. 1 JOB $ *** $

0014 All work required for unclassified excavation. 105,785 CY $ $

0015 All work required for the embankment. 72,315 CY $ $

0016 All work required for excess material haul-off. 33,470 CY $ $

0017 All work for the construction of maintenance roads, drainage improvements and permanet seeding. 1 JOB $ *** $

0018 All work required for temporary erosion control and SWPPP devices/BMPs, in cluding construction entrances, clearing and grubbin, including disposal of excess materials and demolition - removal of existing facilities and utilities. 1 JOB $ *** $

0019 All work required for unclassified excavation. 15,363 CY $ $

0020 All work required for the embankment. 38,083 CY $ $

0021 All work for the construction of maintenance roads, drainage improvements and permanet seeding. 1 JOB $ *** $

5 LEVEE REACH 3/PANES SUMP

6 LEVEE REACH 4/SUNSET SUMP

Item Unit Line Item No. Description Quantity Unit Price Amount

Colorado River Phase 1 Wharton, Texas

CONTRACT LINE ITEM SCHEDULE

0022 All work to complete the 7 Street Imprvements (excluidng Hughes Street). 1 JOB $ *** $

Contract Duration in Calendar Days After the Notice to Proceed is received.*

DAYS

*Note: Contract duration for all work shall NOT exceed the duration specified in Section01 00 00.00 44 - CONSTRUCTION SCHEDULE. See Note No. 5.

TOTAL OFFER

Colorado River Phase 1 Wharton, Texas

CONTRACT LINE ITEM SCHEDULE

NOTES:

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.

NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable

NOTE NO. 3. CONDITIONS GOVERNING EVALUATION OF OFFERS AND AWARD OF CONTRACTS:

The Government may require the delivery of the numbered line items, identified in the schedule as option items, in the quantity and at the price stated in the schedule. Subject to the availability of funds, the Contracting Officer may exercise the option by written notice to the Contractor within the time indicated below from the Task Order Notice to Proceed.

NOTE NO. 4. All the extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

NOTE NO. 5. The Offeror shall propose a total integrated contract duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for design and construction through completion, ready for turnover shall not exceed the number of calendar days specified in Section 01 00 00.00 44 - CONSTRUCTION SCHEDULE. The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP.

<AM#0007>

NOTE NO. 6. At the option of the Government, the Government may require the Contractor to perform the work identified as Optional line item(s) at the price(s) stated in the CLIN Schedule. The Contracting Officer may exercise one or more of the Option(s) by written notice to the Contractor within [__] calendar days after the date of the acknowledgment of the Task Order Notice to Proceed by the Contractor. There is no separate completion period for these option(s) and the work included therein shall be completed within the contract duration as proposed above. Exercise of the Option(s) shall be evidenced on Standard Form 30, citing FAR 52.217-7, as the authority for exercising the Option. The Option shall be deemed exercised at the time the Government deposits the SF30 in the mail or, if earlier, at the time it is delivered to the Contractor.

NOTE NO. 7. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

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

(b) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

Colorado River Phase 1 Wharton, Texas

CONTRACT LINE ITEM SCHEDULE

NOTE NO. 8 6. Responders are advised that this requirement may be delayed, cancelled, or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.

NOTE NO. 9 7. The Army will procure this facility through a design and cost competition in accordance with the provisions set forth in this Request for Proposals (RFP). When [the task order is] awarded, it will be a "Firm Fixed Price Contract."

NOTE NO. 10 8. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected.

An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.

NOTE NO. 11 9. ABBREVIATIONS

For the purpose of this solicitation, the units of measure are represented as follows:

a. CY (cubic yards)

b. JOB

NOTE NO. 12 10. Profit will not be paid on bonds or insurance.

</AM#0007>

END OF CLIN SCHEDULE

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

1.1. GENERAL DESCRIPTION OF WORK

The scope of the project includes all work required for Construction: Wharton, Colorado River, Phase 1. The work shall be in accordance with the Request for Proposal documents. Proposed project will be a competitive, firm-fixed price, contract procured in accordance with fair opportunity process using Lowest Price Technically Acceptable (LPTA) source selection process (FAR 15.101-2) is where the government determines that the lowest price is awardable over the complaint technical offering of all proposals. LPTA is appropriate only when the government “expects” it can achieve the best value from selecting the proposal that is technically acceptable and offers the lowest evaluated price.

1.2. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Request for Proposal (RFP) does not commit the Government to pay as a direct charge any costs incurred by the Offeror in the preparation and submission of its proposal or revisions

1.3. ACCURACY IN PROPOSALS

Proposals must set forth with full, accurate, and complete information as required by this RFP, (including attachments). The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1.4. PROPOSAL SUBMITTALS AND PROPOSAL FORMAT & GENERAL INSTRUCTIONS

See Section 00 22 11 for the proposal submittals requirements, proposal format, and general proposal instructions.

Provide a fully executed Bid Bond as required by FAR Clause 52.228-1(c), Bid Guarantee. Facsimile Bonds are not acceptable. Mail hard copy to Per 1.2 OFFEROR’S QUESTIONS AND COMMENTS Above. Email:

electronic copy to both Terry Hardin and Robert M. Duran.

1.5. CONTRACT PRICES - OFFER SCHEDULE

Payment for the items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor, equipment, appliances, materials and bonds (performance and payment), and for performing all operations required to complete the work in conformity with the drawings and specifications. All costs for work not specifically mentioned in the Offer Schedule shall be included in the contract prices for the items listed.

1.6. ESTIMATED CONSTRUCTION COSTS

In accordance with (IAW) DFARs 236.20(ii) Disclosure of the magnitude of construction is between $25,000,000.00 and $100,000,000.00.

Definitions. As used in this provision-

Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show–

(i) The solicitation number: W9126G23R0372;

(ii) The company name, point of contact, address, and telephone of the offeror (and electronic email address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Submit on letterhead Name, title, and signature of person authorized to sign the proposal, Bid Guarantee and Performance and Payment Bonds. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and

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

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [None known at time of solicitation];

and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(vii) NOTE: This requirement shall flow down to all Subcontractors.

1.1 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE SAM.GOV WEBSITE (FAR 5.102(a)(1)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the https://www.sam.gov.

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the SAM.GOV website daily (using the above link) for amendments to the solicitation. You must be registered in the System for Award Management (SAM) to receive a government contract award. The website for SAM https://www.sam.gov .

1.2 DISPOSAL OF EXCAVATED MATERIAL

The following owners in the vicinity of the work to be accomplished under this Invitation for Bids are known to desire fill material:

NAME ADDRESS

If any of the areas owned by the above-listed owners are proposed to be utilized by the Contractor in the performance of the work, the provision for use of alternate areas PLACEMENT OF EXCAVATED MATERIAL of the specifications will be applicable.

1.3 CONTRACTOR QUALIFICATIONS (FAR 9.105-1)

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.4 NOTICE TO OFFERORS

All information required by the terms of the solicitation must be furnished. MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read:

Have you initialed and signed, acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS & CERTIFICATIONS portion of the solicitation package?

Is your offer properly signed?

If a bid guarantee is required, is it included with your offer? (A late bid guarantee is treated the same as a late offer).

Is your bid guarantee in the proper amount?

NOTE: Bid guarantee shall be in the amount of 20 percent of the amount of the offer, or $3 million, whichever is less.

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and all required seals affixed as an electronic copy and did you send in a hard copy?

Is the name in which you submitted the offer the same as your bid bond?

If required have you entered a unit price for each item? (The solicitation will specifically state when this is necessary).

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total offer price correct?

Are all erasures or corrections initialed by the person signing the offer?

I have not restricted my offer by altering the provisions of the solicitation.

REMINDERS TO OFFERORS:

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Southwester Fort Worth District may take formal action.

1.5 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC OFFER SUBMISSION: (FAR

Offers and a copy of the SF24 Bid Bond must be submitted through Procurement Integrated Enterprise Environment (PIEE) via https://piee.eb.mil/, not later than the response date and time indicated in the solicitation and mail.

Original copies of the Bid Bond shall be submitted to USACE, Southwestern Fort Worth District, ATTN:

Terry Hardin, 819 Taylor Street, STE: 2A19, Fort Worth, Texas 76102, on or before the response date and time.

IMPORTANT NOTE: PIEE registration may take 1 to 3 business days to become active to be able to see the solicitation after registration.

Proposals: ALL SUBMISSIONS TO THIS PROPOSAL ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY THROUGH PIEE. No paper copies, CD-ROMs or facsimile submissions will be accepted.

Electronic Proposal Submission is required through the Army’s Electronic File Sharing Service, Procurement Integrated Enterprise Environment (PIEE) (https://piee.eb.mil/). The PIEE Application is used to send large files to individuals that would normally be too large to send via email. Information regarding how to set up a vendor, registration is included in this link- https://pieetraining.eb.mil/wbt/portal/portal/Vendor_Registration.pdf.If you, plan on submitting a proposal, be sure to select “SOL-Solicitation” in the top drop down list and choose the “Proposal Manager” role to be able to submit a proposal in PIEE.

Further training is available at this link: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml.

This link shows information regarding the Solicitation application in PIEE and the different roles available.

Link for Offerors regarding an Overview of the Proposal Manager function and instruction on submitting a proposal

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

File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports, delivery up to 1.9 GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below. Offerors ENSURE proposals are submitted via PIEE and Email to robert.m.duran@usace.army.mil <mailto:robert.m.duran@usace.army.mil>.

PIEE application can be accessed via https://piee.eb.mil/. In order to submit a proposal using this website you must register in PIEE.

Send a PIEE confirmation email of you posted proposals to, Terry Hardin Contract Specialist terry.hardin@usace.army.mil and Robert M. Duran Contracting Officer at robert.m.duran@usace.army.mil prior to the response date/time.

1.6 CONSTRUCTION WAGE RATE REQUIREMENTS (FAR 52.222-6)

Paragraph entitled CONSTRUCTION WAGE RATE REQUIREMENTS of (CONTRACT CLAUSES - per SECTION 00 73 46 - Wage Rate Determination, FAR 52.222-6) as applicable to this solicitation.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress Payments Exclusively For

Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7008 Only One Offer JUL 2019 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

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.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

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

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

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

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

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

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

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

US Army Corp of Engineers Attention: CESWF-CT P.O. Box 17300 Fort Worth, TX 76102-0300 Or email to:

SWF-Protest@usace.army.mil and Contracting Officer, Robert M. Duran, robert.m.duran@usace.army.mil.

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

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

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

(b) Site visits may be arranged during normal duty hours by contacting:

Date: 31 January 2023 Time: 9:00 a.m. (CST) Location: 120 E. Caney Street, Wharton, TX 77488 POC: Andrew Park EMAIL: andrew.y.park@usace.army.mil Cell Phone: (253) 495-1950

Offerors and subcontractors wishing to participate must submit a complete listing of all personnel to attend the preproposal site visit, via email, to the referenced POC, a minimum of two (2) business days prior to the preproposal site visit. The Site visit will last approximnately 2 hours and is limited to three (3) contractor personnel total. Include the following information for all attendees and subcontractors. The first name on the list will indicate:

TEAM CHIEF (POC), and this individual will be responsible for all other personnel:

Offeror's and offeror's subcontractor personnel full names State Issued Driver's License.

Personnel are required to wear masks during site visit, and maintain a distance of six (6) feet between individuals, where able. Contractors must provide their own masks.

NOTE: The U.S. Government will conduct a check of every individual submitted; this will include checking all law enforcement databases. Persons with questionable criminal records or outstanding warrants will be denied access to the installation.

In no event will a failure to inspect the site constitute grounds for withdrawal of a proposal after receipt of proposal or for a claim after award of the contract.

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://www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

Section 00 22 00 - Supplementary Instructions

EVALUATION CRITERIA

Evaluation Criteria

LPTA PROCESS

Proposal Preparation W9126G22R0114

Colorado River Phase 1, Wharton, TX

PART I – GENERAL INFORMATION

1. INQUIRIES

OFFEROR'S QUESTIONS AND COMMENTS

Questions and/or comments relative to these documents should be submitted via e-mail or mailed to:

Contract Specialist – Primary POC U.S. Army Corps of Engineers, Fort Worth District ATTN: Terry A. Hardin 819 Taylor Street, room 2A17 Fort Worth, TX 76102 Phone: 817-886-1211 Email: terry.hardin@usace.army.mil

Bidder Inquiry

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

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system.

To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user.

Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as single inquiries.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number: W9126G23R0372 The Bidder Inquiry Key: 4UG4K6-Y9UV8W

The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.