Platte River Specs.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation Number W9128F20B0016

Platte River Bank Repair

RM 1.25

Platte River, NE

November 2019

US Army Corps of Engineers Omaha District

Platte River Bank Repair

Platte River, NE

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 (IFB)

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 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 78 39.00 24 AS-BUILT DRAWINGS

01 80 00 AS-BUILT SURVEYS, DIGITAL TERRAIN MODELS AND QUANTITIES

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 11 00 CLEARING AND GRUBBING

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 05 33 TURF

32 10 00.02 (NEBRASKA) PAVEMENTS FOR SMALL PROJECTS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE

35 31 20 STRUCTURES

-- End of Project Table of Contents --

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W9128F20B0016

U.S.ARMY CORPS OF ENGINEERS, OMAHA

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

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

Platte River Bank Repair

Platte River, NE

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

THIS SOLICITATION IS RESTRICTED TO SMALL BUSINESS INTERESTS.

Under the terms of this contract, the offeror agrees: that upon written notification of acceptance of this bid, mailed or otherwise furnished within 60 calendar days after the date of opening of bids, the offeror will provide within two (2) working days, in lieu of the 10 days specified in paragraph: PERFORMANCE AND PAYMENT BONDS, two sets of Performance and Payment bonds on Government standard forms with good and sufficient surety. Notice to Proceed will be issued as soon as practical thereafter.

U.S.ARMY CORPS OF ENGINEERS, OMAHA

POC: Lynne Reed (W9128F20B0016) Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

CT

Lynne Reed (402) 995-2039

11/21/2019

12/20/2019

2:00 pm

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 calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

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

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

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

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.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements 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.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS Number or Unique Entity Identifier Number:

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

SEE ATTACHED CLIN BIDDING SCHEDULE

Contractor’s Fax No.____________ CAGE CODE ________________ Contractor’s E-Mail address_______________

00 10 00 Page 3

BIDDING SCHEDULE

Item Estimated Unit No. Description Quantity Unit Price Amount

0001. Entire work, complete, for “Phase 1” shot rock as shown on the drawings and in the specifications 5,800 Tons $_________ $___________

0002. Entire work, complete, for “Phase 1” graded riprap as shown on the drawings and in the specifications 4,100 Tons $_________ $___________

0003. Entire work, complete, for placing “Phase 2” berm as shown on the drawings and in the specifications 42,136 CY $_________ $___________

0004. Entire work, complete, for “Phase 3” Revetment as shown on the drawings and in the specifications 2,065 Tons $_________ $___________

0005. Entire work, complete, for “Phase 3” Aggregate Surface Course as shown on the drawings and in the specifications 1 Job - $___________

0006. Entire work, complete, for “Phase 3” Top Soil as shown on the drawings and in the specifications 2,500 CY $_________ $___________

0007. Entire work, complete, for seeding and mulching 1 Job - $___________

00 10 00 Page 4

0008. Entire work, complete, for the mobilization / demobilization of all equipment 1 Job - $___________

0009. All remaining work 1 Job - $___________

TOTAL AMOUNT (ITEMS 0001 THRU 0009) $_______________

Notes:

1. The 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 "Variation in Estimated Quantity."

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 prices and the extensions, the unit prices 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 is not so apportioned, the single adjustment will be applied to Item No. 0009.

4. See Section 01 22 00 MEASUREMENT AND PAYMENT for additional information.

Platte River Bank Repair BSNP 2019 LP48

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

PART 1 GENERAL

1.1 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA

ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND

STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014)

1.2 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

1.4 (FAR 52.214-5) SUBMISSION OF BIDS (DEC 2016).

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

BIDS (NOV 1999).

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

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

1996).

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

1991)

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

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

OF THE WORK (MAY 2014)

1.11 (DFARS 252.204-7008) COMPLIANCE WITH SAFEGUARDING COVERED

DEFENSE INFORMATION CONTROLS (OCT 2016)

1.12 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

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

(JUL 2016)

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

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

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

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

1.17 (FAR 52.233-2) SERVICE OF PROTEST (SEPT 2006).

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

1.19 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

1.20 (Local Provision) ARITHMETIC DISCREPANCIES.

1.21 GENERAL BIDDING INFORMATION

1.21.1 MAILED BIDS AND HAND-CARRIED BIDS

1.21.2 SOLICITATION RESTRICTIONS

1.21.3 BASIS FOR AWARD

1.21.4 DESCRIPTION OF WORK

1.21.5 ESTIMATED CONSTRUCTION COST

1.22 INFORMATION FOR MODIFYING BIDS.

1.23 BID GUARANTEE.

1.24 PERFORMANCE AND PAYMENT BONDS.

1.25 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.26 AVAILABILITY OF SUPPLIERS

1.27 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.28 NOTICE REGARDING BUY AMERICAN STATUTE

1.29 FEDERAL, STATE AND LOCAL TAXES

1.30 NEBRASKA SALES AND USE TAX

1.31 EXPEDITING CONTRACT AWARD AND NOTICE TO PROCEED

DOCUMENT 00 21 00 Page 1

1.32 BIDDER'S QUESTIONS AND COMMENTS.

1.32.1 BIDDER INQUIRY

1.33 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

1.34 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)

PART 1 GENERAL

PROVISIONS INCORPATED BY REFERENCE (IBR)

1.1 (FAR 52.211-2) AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM

DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION

INFORMATION SYSTEM (ASSIST) (APR 2014)

1.2 (FAR 52.214-3) AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

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

1.4 (FAR 52.214-5) SUBMISSION OF BIDS (DEC 2016).

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

(NOV 1999).

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

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

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

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

1.10 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF

THE WORK (MAY 2014)

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

INFORMATION CONTROLS (OCT 2016)

PROVISIONS IN FULL TEXT

1.12 (FAR 52.204-7) SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision-

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM0" means that-

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

DOCUMENT 00 21 00 Page 3

(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".

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business.

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

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

(5) Company Telephone Number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

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

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

See https://www.sam.gov for information on registration.

(End of provision)

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

2016)

(a) Definition. As used in this provision –

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

DOCUMENT 00 21 00 Page 4

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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.

(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 Commercial 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 https://cage.dla.mil.

(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 at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation.

Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(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)

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

Any prospective bidder desiring an explanation or interpretation of the

DOCUMENT 00 21 00 Page 5 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.

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

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

1.16 *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

DOCUMENT 00 21 00 Page 6 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)

1.17 (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.

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

1.18 (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 Tuesday, 3 December at 1:00 pm CST. Contractors interested in seeing the site need to make a reservation with Marylee Stobbe by telephone at (402) 995-2184 or by e-mail at Marylee.F.Stobbe@usace.army.mil. When making a reservation, provide your name, company name and number of attendees from the company and contact information in case of inclement weather.

Site visit attendees will utilize the Access Road shown on Drawing Sheet B0.02 to access the site. Attendees will meet at the location shown in the map attached to this section. After a briefing, attendees will caravan to the project location. Trucks or other vehicles that are capable of traversing less than ideal road conditions are recommended for the site visit.

Note that this private property. Prior to contract award, site access will not be allowed, except for during the site visit.

1.19 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

DOCUMENT 00 21 00 Page 7 http://www.acq.osd.mil/dpap/ (End of provision)

1.20 (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 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.

1.21 GENERAL BIDDING INFORMATION

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).

1.21.1 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 Lynne Reed, Contract Specialist at 402-995-2039 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.

DOCUMENT 00 21 00 Page 8

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 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, 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.

1.21.2 SOLICITATION RESTRICTIONS

SOLICITATION OF BIDS WILL BE RESTRICTED TO SMALL BUSINESS CONCERNS ONLY

1.21.3 BASIS FOR AWARD

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

1.21.4 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for Platte River Bank Repair (RM 1.25), Platte River, NE Work shall be in accordance with plans and specifications issued with this solicitation.

1.21.5 ESTIMATED CONSTRUCTION COST

The estimated construction cost of this project is between $1,000,000 and $2,500,000.

1.22 INFORMATION FOR MODIFYING BIDS.

Bids which have been delivered to the designated bid receiving office may be modified or withdrawn by mail or hand-carried 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) 995-2039. This number should also

DOCUMENT 00 21 00 Page 9 be used to verify the receipt of messages.

1.23 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.

1.24 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.

1.25 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 beta.SAM.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 beta.Sam.gov web site (registration required).

1.26 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.

1.27 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

Whenever a contract or modification of contract price is negotiated, the Contractor's cost 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.

1.28 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

DOCUMENT 00 21 00 Page 10 construction materials or allowed under Trade Agreements, if included in the solicitation. A bid 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 proposes to furnish nondomestic construction material, his bid 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 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.

1.29 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.

1.30 NEBRASKA SALES AND USE TAX

Materials installed under this contract are not exempt and the tax must be included in the amount bid. Telephone: (402) 595-2065 (Department of Revenue-Omaha).

1.31 EXPEDITING CONTRACT AWARD AND NOTICE TO PROCEED

In order to expedite award of contract and issuance of NOTICE TO PROCEED, it is required that:

(1) pre-award information has been submitted as specified in paragraph: PRE-AWARD SURVEY INFORMATION and

(2) contract documents (including Performance and Payment Bonds) be executed and submitted within two (2) working days, in lieu of the 10 days specified in paragraph: PERFORMANCE AND PAYMENT BONDS, after successful bidder is notified of contract award.

1.32 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:

DOCUMENT 00 21 00 Page 11

Contract Specialist - Primary POC:

Lynne Reed Lynne.D.Reed@usace.army.mil 402-995-2039 (Telephone)

1.32.1 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: W9128F20B0016

The Bidder Inquiry Key is: C7HP33-J44APR_

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

DOCUMENT 00 21 00 Page 12

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.

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. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

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

1.33 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

Bid results will be available after bid opening on the Government's web address: beta.SAM.gov . See paragraph Copies of Solicitation Documents and Amendment for direct link.

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

In accordance with Paragraph PERFORMANCE AND PAYMENT BONDS, request that the following information be submitted with your bid. This facilitates the award process.

1. Financial

- Name, address, and telephone number of Financial Institution

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

2. Bonding Information

- Name, address, and telephone number of Surety Company.

- Name, telephone number, and email address for the points of contact, primary and alternate, to be contacted for information

DOCUMENT 00 21 00 Page 13

3. Performance

- Provide three (3) references to be contacted on your company's performance. The following information should be submitted:

Name and Fax number of Owner/User Project Name, Location, Contract Number, brief project description, and dollar value Name, telephone number, and email addresses of individuals

(primary and alternate) that can verify performance of the project.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

-- End of Section --

DOCUMENT 00 21 00 Page 14

Site Visit Meeting Location

Section 00 21 00 Attachment ‐ Site Visit Meeting Location

N

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

4/19

PART 1 GENERAL

1.1 FAR 52.204-8 Annual Representations And Certifications (Oct 2018)

1.2 FAR 52.209-7 Information Regarding Responsibility Matters (Oct

2018)

1.3 *FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS-CERTIFICATION

1.4 DFARS 252.203-7005 Representation Relating To Compensation Of

Former DOD Officials (Nov 2011)

1.5 DFARS 252.204-7007 Alternate A, Annual Representations and

Certifications (Jan 2015)

PART 2 NOT USED

PART 3 NOT USED

DOCUMENT 00 45 00 Page 1

SECTION 00 45 00

REPRESENTATIONS AND CERTIFICATIONS

4/19

PART 1 GENERAL

IMPORTANT NOTE:

Online Representations and Certifications Application per FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS is required to be completed.

Failure of completing applicable requirements contained herein and online representations and certifications and/or provisions may result in delay of contract award. Online Representations and Certifications are available at:

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

Provide the following certifications and representations as a part of the proposal, check the appropriate boxes, fill in the appropriate information, and submit with Standard Form 1442 (Section 00 10 00).

1.1 FAR 52.204-8 Annual Representations And Certifications (Oct 2018)

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

(2) The small business size standard is a concern for which the average annual receipts of the preceding three (3) fiscal years did not exceed $39.5 million.

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

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

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

[ ] (i) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to

DOCUMENT 00 45 00 Page 2

Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

This provision applies to all solicitations.

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

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

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

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

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

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.items.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

DOCUMENT 00 45 00 Page 3

(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, II and III) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting With Entities…