Loup_River_Specs.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation Number W9128F-16-B-0021

Emergency Streambank Protection (Section 14) Loup River Monroe, NE (Platte, County)

August 2016

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

EMERGENCY STREAMBANK PROTECTION (Section 14) Loup River

Monroe, Nebraska (Platte, County)

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 10 00 SOLICITATION, OFFER AND AWARD

00 10 00-3 BIDDING SCHEDULE

00 21 00 INSTRUCTIONS TO OFFERORS

00 45 00 REPRESENTATIONS AND CERTIFICATIONS

00 72 00 GENERAL CONDITIONS (CONTRACT CLAUSES - IFB)

00 73 00 SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS)

DIVISION 01 - GENERAL REQUIREMENTS

01 12 00 CONSTRUCTION GENERAL

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.02 24 (NEBRASKA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 45 00.00 10 QUALITY CONTROL

01 45 00.10 10 QUALITY CONTROL SYSTEM (QCS)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 05 33 TURF

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE

35 31 20 STRUCTURES

-- End of Project Table of Contents --

00 10 00 - 1

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

W9128F-16-B-0021

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

12 August 2016

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

U.S.ARMY CORPS OF ENGINEERS, OMAHA

Attn: CONTRACTING DIVISION (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

9. FOR INFORMATION

CALL:

A. NAME

Matt Hibbert

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

(402) 995-2480

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The offeror hereby agrees to do all work described in the documents entitled:

EMERGENCY STREAMBANK PROTECTION (Section 14) Loup River, Monroe, NE (Platte, County)

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), AND SECTION 00 45 00.

THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS INTERESTS.

This solicitation contains additional security requirements that were not in effect prior to 2014. Please reference Section 01 30 00.24, Paragraph 1.4.

11. The Contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm (hour) local time 13 September 2016. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers 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 is is not required.

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

D. Offers providing less than ___60_____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Prescribed by GSA FAR(48 CFR) 53.236-1(d)

00 10 00 - 2

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

DUNS Number:

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

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within 60 calendar days after the date offers are due.

AMOUNTS

SEE ATTACHED BIDDING SCHEDULE

Contractor’s Fax No. CAGE CODE Contractor’s E-Mail address

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)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Army Engineer District, Omaha 1616 Capitol Ave.

Omaha, Nebraska 68102-4901

USAED Omaha c/o USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (contractor is required to sign this document and return _______ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 BACK (REV. 4-85)

00 10 00 Page 3

BIDDING SCHEDULE

Item Estimated Unit No. Description Quantity Unit Price Amount

0001 Entire work, complete, for stone as shown on the drawings and in the specifications

(See par. 1.2.1 of Section 01 22 00.00 10 for more details) 3,000 Tons $______ $______

0002. All remaining work (Including excavation, embankment, seeding, mulching, mobilization/ demobilization and other items not listed in 0001) (See par. 1.2.2 of Section 01 22 00.00 10 for more details) 1 Job - $______

TOTAL $________________

Notes:

1. Quantities for unit priced items are estimated only and the respective unit price will prevail in the event of an overrun or underrun subject to Contract Clauses, Clause “Variation in Estimated Quantities."

2. Bid prices must be entered for all items of the schedule. Total amount bids submitted without bid prices being entered on individual items will be rejected. Extensions 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 the bid. In case of variation between the individual bid item prices and the total amount, the individual bid prices will be considered the bid.

3. A modification to a bid which provides for a single adjustment to the total amount bid should state the application of the adjustment to each respective unit price and lump sum price affected. If the modification

00 10 00 Page 3 is not so apportioned, the single adjustment will be applied to Item No. 0002 in the Bidding Schedule.

4. See Measurement and Payment - Section 01 22 00.00 10 for more details.

Emergency Streambank Protection, Section 14, Loup River, NE LR01

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

4/16

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2015

1.3 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DECEMBER 1989)

1.4 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984)

1.5 (FAR 52.214-5) SUBMISSION OF BIDS (MAR 1997).

1.6 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984)

1.7 (FAR 52.214-7) LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF

BIDS (NOV 1999).

1.8 (FAR 52.214-18) PREPARATION OF BIDS CONSTRUCTION (APRIL 1984)

1.9 (FAR 52.214-19) CONTRACT AWARD SEALED BIDDING CONSTRUCTION (AUG

1996).

1.10 (FAR 52.214-34) SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR

1991)

1.11 (FAR 52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.12 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

1.13 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE

OF THE WORK (MAY 2014)

1.14 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

1.15 (FAR 52.233 2) SERVICE OF PROTEST (SEPT 2006).

1.16 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995).

1.17 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

1.18 FAR 52.252-5 -- Authorized Deviations in Provisions

1.19 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (DEC 2015)

1.20 DFARS 252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES (DEC 1991)

1.21 (Local Provision) ARITHMETIC DISCREPANCIES.

1.22 GENERAL BIDDING INFORMATION

1.22.1 MAILED BIDS AND HAND-CARRIED BIDS

1.22.2 SOLICITATION RESTRICTIONS

1.22.3 BASIS FOR AWARD

1.22.4 APPROPRIATION AND AUTHORITY

1.22.5 DESCRIPTION OF WORK

1.22.6 ESTIMATED CONSTRUCTION COST

1.23 INFORMATION FOR MODIFYING BIDS.

1.24 BID GUARANTEE.

1.25 PERFORMANCE AND PAYMENT BONDS.

1.26 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.27 AVAILABILITY OF SUPPLIERS

1.28 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.29 NOTICE REGARDING BUY AMERICAN STATUTE

1.30 FEDERAL, STATE AND LOCAL TAXES

DOCUMENT 00 21 00 Page 1

1.31 BIDDER'S QUESTIONS AND COMMENTS.

1.31.1 BIDDER INQUIRY

1.31.2 PLAN HOLDER'S LIST

1.32 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

1.33 PRE-AWARD SURVEY INFORMATION (Local Provision) (Sep 93)

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section Table of Contents --

DOCUMENT 00 21 00 Page 2

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

4/16

PART 1 GENERAL

1.1 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision-

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the System for Award Management database" means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide TIN validation to the Government as a part of the SAM registration process;

and

(4) The Government has marked the record "Active".

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number-

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror

DOCUMENT 00 21 00 Page 3 does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and

Zip Code.

(iv) Company Mailing Address, City, State and Zip Code

(if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of provision)

1.2 (FAR 52.204-16) COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means –

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic

Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

DOCUMENT 00 21 00 Page 4

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

1.3 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DECEMBER 1989)

(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

(b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids.

1.4 (FAR 52.214-4) FALSE STATEMENTS IN BIDS (APRIL 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

DOCUMENT 00 21 00 Page 5

1.5 (FAR 52.214-5) SUBMISSION OF BIDS (MAR 1997).

(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.

(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a) (1) and (2) of this provision when delivered to the office specified in the solicitation.

(c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice.

(d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.

(e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

1.6 (FAR 52.214-6) EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984)

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

1.7 (FAR 52.214-7) LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS

(NOV 1999).

(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.

(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and-

(i) If it was transmitted through an electronic commerce method authorized by the IFB, 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 bids; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.

DOCUMENT 00 21 00 Page 6

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

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

(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids 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.

(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.

(End of provision)

1.8 (FAR 52.214-18) PREPARATION OF BIDS CONSTRUCTION (APRIL 1984)

(a) Bids must be--

(1) Submitted on the forms furnished by the Government or on copies of those forms, and

(2) Manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.

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

(1) Lump sum bidding;

(2) Alternate prices;

(3) Units of construction; or

(4) Any combination of subparagraphs (1) through (3) above.

(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.

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

(NOTE: FOR THE PURPOSES OF THIS SOLICITATION, THE WORD "ITEM" SHALL BE

CONSIDERED TO MEAN "SCHEDULE.")

1.9 (FAR 52.214-19) CONTRACT AWARD SEALED BIDDING CONSTRUCTION (AUG 1996).

(a) The Government will evaluate bids in response to this

DOCUMENT 00 21 00 Page 7 solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price related factors specified elsewhere in the solicitation.

(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.

(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work, and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, of it is so unbalanced as to be tantamount to allowing an advance payment.

1.10 (FAR 52.214-34) SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of provision)

1.11 (FAR 52.214-35) SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S.

dollars. Offers received in other than U.S. dollars shall be rejected.

(End of provision)

1.12 (FAR 52.216-1) TYPE OF CONTRACT (APR 1984).

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

1.13 FAR 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.

(End of provision)

DOCUMENT 00 21 00 Page 8

1.14 *FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) (Applicable with FAR 52.225-9)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "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" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at

FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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.

(End of provision)

1.15 (FAR 52.233 2) SERVICE OF PROTEST (SEPT 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 District Counsel, 1616 Capitol Avenue, Omaha, Nebraska 68102-4901.

DOCUMENT 00 21 00 Page 9

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

1.16 (FAR 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) A site visit is scheduled for 22 August 2016 at 9:30 am.

Contractors interested in seeing the site need to make reservation with Greg Horihan telephone (402)293-2561 or by e-mail at Gregory.T.Horihan@usace.army.mil. Contractors are to meet at the project site.

1.17 FAR 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://acquisition.gov/comp/far/index.html http://www.acq.osd.mil/dpap/ (End of provision)

1.18 FAR 52.252-5 -- Authorized Deviations in Provisions

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert “(Deviation)” after the date of the provision.

1.19 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (DEC 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting , DOCUMENT 00 21 00 Page 10 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

1.20 DFARS 252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES (DEC 1991)

(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for--

(1) Furnishing all plant, labor, equipment, appliances, and materials; and

(2) Performing all operations required to complete the work in conformity with the drawings and specifications.

(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.

(End of clause)

1.21 (Local Provision) ARITHMETIC DISCREPANCIES.

(a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the bidder:

(1) Obviously misplaced decimal points will be corrected;

(2) In case of discrepancy between unit price and extended price, the unit price will govern;

(3) Apparent errors in extension of unit prices will be

DOCUMENT 00 21 00 Page 11 corrected;

(4) Apparent errors in addition of lump sum and extended prices will be corrected.

(b) For the purposes of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids.

(c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low.

1.22 GENERAL BIDDING INFORMATION

(NOTE: FACSIMILE, ELECTRONIC COMMERCE OR TELEGRAPHIC BIDS ARE NOT

AUTHORIZED AND WILL NOT BE ACCEPTED. TELEGRAPHIC MODIFICATIONS OR

WITHDRAWAL OF BIDS ARE AUTHORIZED. FACSIMILE MODIFICATIONS OR WITHDRAWAL

ARE NOT AUTHORIZED.)

Bids shall be either mailed or hand-carried as indicated below. Bid will be PUBLICLY opened at the bid time indicated on Standard Form SF 1442 (Page 00 10 00-1).

1.22.1 MAILED BIDS AND HAND-CARRIED BIDS

a. Mailed bids shall be addressed to the location as indicated on Standard Form SF 1442 (Page 00 10 00-1), Item No. 8.

b. Due to heightened security at Government installations, those bidders who hand carry* their bids shall contact Matt Hibbert, Contract Specialist at 402-995-2480 a minimum of 24 hours prior to delivering to the U.S. Army Corps of Engineer District, Omaha, 1616 Capitol Ave, Omaha, NE (south entrance). Hand-carried means the individual must be able to carry the package on their person. If due to the size, packages or boxes will need to be wheeled in on a cart or dolly, you will be required to go to the dock area located on the northeast side of the facility. After inspection and screening, you will be allowed in the building after presenting valid photo identification.

c. On the date specified and for thirty (30) minutes prior to time specified on Standard Form SF 1442, Page 00 10 00-1, item 13.A, a Contracting representative will be in the lobby to receive bids. Bid containers (i.e. envelopes, packages, boxes) will be screened for security purposes. At the time specified on Standard SF 1442 Page 00 10 00-1, item 13.A, the designated bid opening official will announce that receipt of bids is closed. Official time will be established by time/stamp clock designated by the contract specialist.

d. Anyone wishing to attend this public opening will be required to present photo identification to sign in and then will be escorted to the facility where bids will be opened. Once bids have been opened, read and recorded, attendees will then be escorted to exit the building.

e. RETURN ADDRESS REQUIREMENTS

Bidder(s) must ensure that ALL mail sent to the Omaha District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a

DOCUMENT 00 21 00 Page 12 return mailing address on the outside of the envelope, package, box, etc.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bid guarantees, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 1616 Capital Avenue Omaha, Nebraska 68102-4901 if it does not contain a return mailing address. THERE

WILL BE NO EXCEPTIONS.

*This instruction shall also apply to those bids delivered through a delivery or parcel service.

NOTE: No parking on the street in front of the facility entrances will be allowed. Passenger vehicles will need to locate parking meters or parking garages before delivering bids. Delivery trucks must go to the dock. The vehicle will be inspected and packages screened. After inspection and screening, the delivery person will be allowed into the building after presenting valid photo identification.

1.22.2 SOLICITATION RESTRICTIONS

SOLICITATION OF BIDS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS ONLY.

1.22.3 BASIS FOR AWARD

IT IS INTENDED THAT AWARD WILL BE MADE TO ONE BIDDER FOR THE ENTIRE WORK.

1.22.4 APPROPRIATION AND AUTHORITY

APPROPRIATION: 96 X 3122 Construction General AUTHORITY: The work provided herein is authorized: By Section 14 of the Flood Control Act of 1946, Public Law 79-526, as amended (33 U.S.C. 701r).

1.22.5 DESCRIPTION OF WORK

The work consists of furnishing all plant, labor, materials, and equipment and performing all work for placing a stone toe revetment and windrow refusal keys with topsoil. The project includes the following:

excavation, embankment, the placement of 3,000 tons of stone, also included is seeding and mulching. Work shall be in accordance with plans and specifications issued with this solicitation.

1.22.6 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $150,000 and $ 250,000

1.23 INFORMATION FOR MODIFYING BIDS.

Bids which have been delivered to the designated bid receiving office may be modified or withdrawn by mail, mailgram, or telegram received at any time before the exact time set for receipt of bids. Modifications or withdrawals sent by mail should be transmitted to the place of bid opening Standard Form SF1442 (Page 00 10 00-1), Item 8. Telephone modifications or withdrawals will not be accepted. All bid modifications or withdrawals must be signed by the bidder or its authorized representative. Any questions regarding these procedures should be directed to the Omaha District's Contracting Division at (402) 995-2480. This number should also be used to verify the receipt of messages.

DOCUMENT 00 21 00 Page 13

1.24 BID GUARANTEE.

See General Conditions (Contract Clauses) FAR 52.228-1, BID GUARANTEE. The Bid Guarantee must be submitted on a Standard Form 24 and include original signatures and be accompanied by a Power of Attorney appointing an attorney-in-fact with authority to bind the surety so that, at the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation. The Power of Attorney must include a Certification as to the authority of the surety's agents that either has an original (wet) signature of an officer of the surety or has a mechanically applied or facsimile signature that is supported by a resolution of the surety authorizing their use and committing it to be bound by them.

1.25 PERFORMANCE AND PAYMENT BONDS.

See General Conditions (Contract Clauses) clause FAR 52.228 15, PERFORMANCE AND PAYMENT BONDS. To have the bond considered valid, both the bond and the Power of Attorney must be original. Facsimile copies will not be acceptable, and will render the bid invalid, therefore eliminating it from competition.

1.26 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the Federal Business Opportunities website at:

https://www.fbo.gov

It shall be the contractor's responsibility to check the websites for any amendments. The offeror shall submit in the offer all requested information specified in this solicitation.

A list of interested vendors (potential offerors and subcontractors) is available on the federal business opportunities web site (registration required) is available at: website above.

1.27 AVAILABILITY OF SUPPLIERS

Each bidder shall, upon request of the Contracting Officer, furnish a list of suppliers available to the bidder and proposed for use on the work.

1.28 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of Special Contract Requirement, EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE, contained in Section: 00 73 00, SUPPLEMENTARY CONDITIONS (SPECIAL CONTRACT REQUIREMENTS) of the specifications. A copy of EP 1110 1 8 "Construction Equipment Ownership and Operating Expense Schedule" is available for review at the office listed in paragraph: SITE VISIT (CONSTRUCTION) herein or at the following internet address:

http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx.

DOCUMENT 00 21 00 Page 14

1.29 NOTICE REGARDING BUY AMERICAN STATUTE

The Buy American statute (41 U.S.C. 83 chapter 83, Buy American) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American statute shall be permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements, if included in the solicitation. A bid or proposal offering nondomestic construction material will not be accepted unless specifically approved by the Government or allowed under Trade Agreements, if included in the solicitation. When a bidder or offeror proposes to furnish nondomestic construction material, his bid or proposal must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomestic construction material. When offering nondomestic construction material pursuant to this paragraph, bids or proposals may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under this paragraph will cause rejection of the entire bid, unless allowed under Trade Agreements, if included in the solicitation. All bidders are cautioned that, prior Government conduct notwithstanding, the Contractor's selection of a domestic construction material (as defined in FAR 52.225-9 Buy American Construction Materials) which would require the subsequent selection of a foreign construction material for compatibility is not a justification for waiver of the Buy American statute. It is the Contractor's responsibility to verify, prior to submitting the materials for approval that each system can be built to meet the contract specifications and Buy American statute requirements of the solicitation.

1.30 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause) 52.229-3 FEDERAL, STATE

AND LOCAL TAXES.

1.31 BIDDER'S QUESTIONS AND COMMENTS.

Questions and/or comments relative to these bidding documents should be submitted via Bidder Inquiry as indicated below. See instructions on when e-mail or mailing is appropriated. Mailing address is shown on the Standard Form SF1442, Item 8, unless directed otherwise.

Questions and/or comments relative to these bidding documents that are proprietary in nature or if Bidder Inquiry system (See Below) is out of service should be submitted to the Contract Specialist at:

Contract Specialist - Primary POC:

Matt Hibbert Matthew.D.Hibbert@usace.army.mil 402-995-2480

402-995-2081 (Fax)

DOCUMENT 00 21 00 Page 15

1.31.1 BIDDER INQUIRY

Technical inquiries and questions relating to technical requirements, bidding procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ No Later Than ten (10) calendar days before bid opening, in order that they may be given consideration or actions taken prior to receipt of offers. Phone calls for non-technical or procedural type questions should be made between 8:30 a.m. and 3:30 p.m. (Central Standard Time) Monday through Friday. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team.

All timely questions and approved answers will be made available through ProjNet.

The Solicitation Number is: W9128F-16-B-0021

The Bidder Inquiry Key is: R29Z5C-89PRTI

a. Registration for ProjNet Bidder Inquiry Access

If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

DOCUMENT 00 21 00 Page 16

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. The Bidder Inquiry System will be unavailable for new inquires after ten

(10) calendar days 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, 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.