W9128F21B0007 - Jenny Graner Plans - Specs - Drawings.pdf

SPECIFICATIONS &

DRAWINGS

(For Construction Contract)

Solicitation Number W9128F21B0007

Jenny Graner Bank Stabilization

Oahe Dam, ND

June 2021

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

Jenny Graner Bank Stabilization

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 11 00 SUMMARY OF WORK

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 26.06 24 (NORTH DAKOTA) 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 23.00 10 STORM WATER POLLUTION PREVENTION MEASURES

DIVISION 02 - EXISTING CONDITIONS

02 24 50 STONE (RIPRAP) PROTECTION

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19 GEOTEXTILE

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 19 SEEDING

DRAWINGS

-- 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

W9128F21B0007

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:

Jenny Graner Bank Stabilization

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

OFFERS ARE TO BE SUBMITTED ELECTONICALLY.

THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS INTERESTS.

U.S.ARMY CORPS OF ENGINEERS, OMAHA

POC: Clinton Russell (W9128F21B0007) Contracting Division (CENWO-CT) 1616 Capitol Ave Omaha, Nebraska 68102-4901

CT

Clinton.E.Russell (402) 995-2086

1 of 406/08/2021

07/08/2021

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

Basic Items 850 LF Feet of Bank Stone Protection.

0001 All work complete to supply and install Riprap as specified in the specifications and drawings. 5800 Ton $________ $ _

0002 All work complete to supply and install Geotextile Fabric as specified. 4530 SY $________ $ _

0003 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 2400 CY $________ $ _

0004 All work to construct and restore access ramps at pre-determined location shown on drawings.

. 1 Job --- $ _

0005 All remaining work including but not limited to:

mobilization, demobilization, access road, shaping, seeding, and maintenance, and all other work except the work listed in the items above and below. 1 Job --- $ _

Total Amount for Basic Items (Items 0001 – 0005) $____________________

Option #1 Items 300 Linear Feet of Bank Stone Protection.

0006 All work complete to supply and install Riprap as specified in the specifications and drawings. 1840 TON $________ $ _

0007 All work complete to supply and install Geotextile Fabric as specified. 1270 SY $________ $ _

0008 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 800 CY $________ $ _

0009 All work complete to supply, haul, place, maintain and remove a work platform as per drawings. 1 Job ---- $ _

Total Amount for Basic Items (Items 0006 – 0009) $____________________

00 10 00 Page 4

Option #2 Items 300 Linear Feet of Bank Stone Protection.

0010 All work complete to supply and install Riprap as specified in the specifications and drawings. 1840 TON $________ $ _

0011 All work complete to supply and install Geotextile Fabric as specified. 1270 SY $________ $ _

0012 All work complete to supply, haul, place, and compact embankment (Cut/Fill) for bank stabilization as specified. 800 CY $________ $ _

Total Amount for Basic Items (Items 0010 – 0012) $____________________

Total Amount for Base plus All Option (Items 0001 – 0012) $____________________

NOTES:

1. See SECTION 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO BIDDERS for evaluation of options. The

Government reserves the right to exercise the options within 200 days after issuance of Notice to Proceed. No additional time will be given should any of the options be awarded.

2. Bid prices must be entered for all line items in the Bidding Schedule. Total amount bids submitted without bid prices being entered on individual items will be rejected. In case of variation between the item amounts and the total bid amount, the item amounts will be considered in calculating the total bid amount. In case of variation between the unit prices and the item amounts, the unit prices will be considered in calculating the total bid amount.

3. 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 FAR 52.211-18, VARIATION IN ESTIMATED QUANTITY.

4. Funds are reasonably assured for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date.

5. The “all remaining work” bid items shall include all necessary work activities not listed as pay items but necessary to complete the work, including but not limited to: Contractor staging, site access, restoration of disturbed surfaces, environmental protection measures, construction debris removal and disposal, care of water, quality control sampling and testing, required safety equipment, daily reports, etc.

6. Bids will be evaluated based on the total price submitted.

Jenny Graner Bank Stabilization - Oahe Dam, ND OA93

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (IFB)

8/20

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

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

(AUG 2020)

1.13 (FAR 52.204-22) ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

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 52.232-18) AVAILABILITY OF FUNDS (APR 1984).

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

1.19 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995)- ALTERNATE I

(FEB 1995).

1.20 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

1.21 (FAR 52.252-5) AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

1.22 *DFAR 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT

REQUIREMENTS (NOV 2020)

1.23 DFAR 252.215-7008 ONLY ONE OFFER (JUL 2019).

1.24 (Local Provision) ARITHMETIC DISCREPANCIES.

1.25 GENERAL BIDDING INFORMATION

1.25.1 OPENING

1.25.2 SOLICITATION RESTRICTIONS

1.25.3 BASIS FOR AWARD

1.25.4 DESCRIPTION OF WORK

1.25.5 ESTIMATED CONSTRUCTION COST

1.26 INFORMATION FOR MODIFYING BIDS.

1.27 BID GUARANTEE.

1.28 PERFORMANCE AND PAYMENT BONDS.

DOCUMENT 00 21 00 Page 1

1.29 REJECTION OF BIDS

1.30 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

1.31 REJECTION OF BIDS

1.32 NOTICE REGARDING BUY AMERICAN STATUTE

1.33 FEDERAL, STATE AND LOCAL TAXES

1.34 TAXES - NORTH DAKOTA

1.34.1 UNEMPLOYMENT TAX SURCHARGE

1.34.2 USE TAX

1.35 BIDDER'S QUESTIONS AND COMMENTS.

1.35.1 BIDDER INQUIRY

1.35.2 PLAN HOLDER'S LIST

1.36 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

1.37 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)

8/20

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)

PROVISIONS IN FULL TEXT

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

(a) Definitions. As used in this provision-

“Electronic Funds Transfer (EFT) indicator” means a fourcharacter 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;

(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;

DOCUMENT 00 21 00 Page 3 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)

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

2020)

(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) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

DOCUMENT 00 21 00 Page 4

(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 provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word “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 Federal Acquisition Regulation (FAR) 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.

(g) If the solicitation includes FAR clause 52.204-2, Security

Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254.

The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency

DOCUMENT 00 21 00 Page 5 location code shall be used. The CAGE code must be for that name and location address. Insert the word “CAGE” before the number. The CAGE code is required prior to award.

(End of provision)

1.13 (FAR 52.204-22) ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(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 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.

DOCUMENT 00 21 00 Page 6

(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)

1.17 (FAR 52.232-18) AVAILABILITY OF FUNDS (APR 1984).

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

1.18 (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:

U.S. Army Corps of Engineers - Omaha District Attn: Dean Matuszewski 1616 Capitol Ave Omaha, NE 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.

DOCUMENT 00 21 00 Page 7

(End of provision)

1.19 (FAR 52.236-27) SITE VISIT (CONSTRUCTION) (FEB 1995)- ALTERNATE I (FEB

1995).

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

(b) An Organized site visit has benn scheduled for Tuesday, 22 June 2021 at 10:30 am. Participants interested in seeing the site need to make reservation with Phillip Schroeder by telephone at (605) 945-3406 or by email at Phillip.P.Schroeder@usace.army.mil.

(c) Participants will meet at -- See attached map for meeting location.

1.20 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):

The full text FAR provisions can be found:

https://www.acquisition.gov/browse/index/far

The full text of DFARS provisions can be found at:

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of provision)

1.21 (FAR 52.252-5) AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

(End of clause)

DOCUMENT 00 21 00 Page 8

1.22 *DFAR 252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT

REQUIREMENTS (NOV 2020)

1.23 DFAR 252.215-7008 ONLY ONE OFFER (JUL 2019).

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010 , Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4 (c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

1.24 (Local Provision) ARITHMETIC DISCREPANCIES.

Any clerical mistake, to include arithmetic discrepancies in a bid will be handled in accordance with FAR 14.407-2. Any clerical mistake, apparent on its face in the bid, may be corrected by the contracting officer before

DOCUMENT 00 21 00 Page 9 award, but only after first obtaining from the bidder a verification of the bid intended. The following are examples of mistakes that may be corrected

(1) Obviously misplaced decimal points;

(2) Discrepancies between unit price and extended price (unit price will govern);

(3) Apparent errors in extension of unit prices;

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

1.25 GENERAL BIDDING INFORMATION

Bidders shall submit their bids via email to the following individuals by no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recently issued SF 30 as applicable:

Dean Matuszewski, Contracting Officer Dean.P.Matuszewski@usace.army.mil Clinton Russell, Contract Specialist Clinton.E.Russell@usace.army.mil

Each email shall contain the following information:

Solicitation No. W9128F21B0007 Bid Due Date and Time: See SF1442 (00 10 00 Page 1) for date and time Bid Validity Date: 60 days from bid opening

Bids received after the date and time stated within Block 13 of the SF1442, or Block 14 of the most recently issued SF 30 as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the offeror must make every effort to ensure its electronic submission is virus-free. Bids, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 14.406. Part 15 is not applicable to this acquisition.

Bidders should enter a description for every file submitted. For files over 20 megabytes (MB) the bidders shall break the file into smaller files sent via separate emails with each email marked to identify which number the email is relative to the total number of emails submitted (i.e. "email one of four"). Once all of the emails submitted have been received the Government will confirm receipt via responsive email. If a bidder submits multiple bids the Government will only consider the last bid submitted prior to the bid due date and time.

Do not assume submission will be instantaneous. File size and number of files submitted shall be considered. Bidder/Teammate/Subcontractors should allow adequate time for submission completion because the entire bid (i.e.

bidders' submission and all teammate/subcontractor(s) independent submissions) must be received by the bid due date and time specified in Block 13 of SF 1442, or SF 30 as applicable.

Electronic submission of bids satisfies the requirement set forth in Block 13A of the SF 1442 ('…in original and ___ copies…"). Additionally, electronic submission of the bid guarantee, when a bid guarantee is required, is due with the bid submission. Mailing a bid guarantee for submission is not allowed.

1.25.1 OPENING

Bidders are advised there will NOT be a physical bid opening held for this invitation for bids. The bid opening will be held telephonically via conference call at 3:00 pm on the date bids are due. Due to the requirement

DOCUMENT 00 21 00 Page 10 that bids be submitted electronically only, the bid opening is scheduled to take place one hour following the bid due date and time in order to allow the contracting office time to download all bid documents submitted. The USACE Omaha District will not accept any hard copy documentation submitted in response to this invitation for bids.

Bidders wishing to participate in the telephonic bid opening shall email a list of participants to both Contracting Officer (Dean.P.Matuszewski@usace.army.mil) and Contract Specialist (Clinton.E.Russell@usace.army.mil) no later than the close of business 24 hours prior to the bid due date and time. Please reference "IFB Number and Title" in the email subject line. A responsive email will be sent to the bidder which will include confirmation of the list of participants, the conference call-in telephone number, and the security passcode for participants to utilize for the telephonic bid opening.

1.25.2 SOLICITATION RESTRICTIONS

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

1.25.3 BASIS FOR AWARD

In accordance with 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 21 00 (Instructions) the Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to Government, considering only price and the price-related factors specified elsewhere in the solicitation.

1.25.4 DESCRIPTION OF WORK

The scope of this project is to furnish all plant, labor, materials, and equipment and performing all work for Jenny Graner Bank Stabilization, Oahe Dam, ND. Work shall be in accordance with plans and specifications issued with this solicitation.

1.25.5 ESTIMATED CONSTRUCTION COST

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

1.26 INFORMATION FOR MODIFYING BIDS.

All bids will be received via email. Should a bid modification need to be submitted, the modified bid shall be sent the same method the original bid was submitted, via email, prior the deadline (date and time stated within Block 13 of the SF1442).

1.27 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 supported by a resolution of the surety authorizing their use and committing it to be bound by them. Electronic signatures and electronic, mechanically-applied, DOCUMENT 00 21 00 Page 11 or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF-24.

1.28 PERFORMANCE AND PAYMENT BONDS.

See General Conditions (Contract Clauses) FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION 2020-O0016). Performance bond must be on SF-25 and payment bond must be on SF-25A. Electronic signatures and electronic, mechanically-applied, or printed dates may be used and will be considered original signatures and dates, without regard to the order in which they are affixed. A corporate seal is not required on the SF-25 or SF-25A

1.29 REJECTION OF BIDS

Rejection of bids will be handled in accordance with FAR 14.404. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques. See also 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 72 00 (General Conditions) for additional information.

1.30 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 U.S. General Services Administration website at:

https://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 https://beta.sam.gov web site (registration required) is available at: website above.

1.31 REJECTION OF BIDS

Rejection of bids will be handled in accordance with FAR 14.404. Any bid may be rejected if the prices for any line items or subline items are materially unbalanced (see 15.404-1(g)). Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or underestimated as indicated by the application of cost or price analysis techniques. See also 52.214-19 Contract Award-Sealed Bidding-Construction in Section 00 72 00 (General Conditions) for additional information.

1.32 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 12 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.

1.33 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.

1.34 TAXES - NORTH DAKOTA

1.34.1 UNEMPLOYMENT TAX SURCHARGE

The State of North Dakota has enacted legislation applicable to certain some contractors concerning an unemployment tax surcharge. See the North Dakota Century Code, Section 52-04-06.1, Incremental Bond for Impact Projects. The law provides for an unemployment tax surcharge in addition to regular unemployment tax liability. Bidders should investigate the effect, if any, that this law may have upon their bid prices. Inquiries should be directed to Job Service of North Dakota, Post Office Box 1537, Bismarck, North Dakota 58502. Telephone: (701) 224-3470 (Department of Revenue).

1.34.2 USE TAX

Bidders are advised of the possible applicability of North Dakota Use Tax.

Government furnished Construction material used by the Contractor may be subject to Use Tax. Specific inquiries as to the applicability of North Dakota Use Tax should be referred to the North Dakota State Tax Commission.

1.35 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

DOCUMENT 00 21 00 Page 13 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:

Clinton Russell Clinton.E.Russell@usace.army.mil 402-995-2086 (Telephone)

Contracting Officer - Secondary POC:

Dean Matuszewski Dean.P.Matuszewski@usace.army.mil 402-995-2854 (Telephone)

1.35.1 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-21-B-0007

The Bidder Inquiry Key is: [XXXXXX-XXXXXX]

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

DOCUMENT 00 21 00 Page 14 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.

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.

1.35.2 PLAN HOLDER'S LIST

For Viewing a List of Interested Vendors (i.e. planholders List) and Receiving Notifications or e-mail of changes regarding a solicitation, Federal Business Opportunities has these features available (https:// beta.sam.gov/). For this solicitation, go to https://beta.sam.gov/ and register as a vendor or enter user name and password to login. If you wish for General Contractors, Subcontractors, Suppliers, Plan Rooms or Print Shops to have the ability to contact you, click on the "Add me to Interested Vendors" for the solicitation.

1.36 AVAILABILITY OF BID RESULTS (Local Clause/Provision)

Bid results will be available after bid opening on the Government's web

DOCUMENT 00 21 00 Page 15 address: https://www.beta.sam.gov/. See paragraph Copies of Solicitation Documents and Amendment for direct link.

1.37 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

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…