W9128F21B0020 Lower Brule Ecosystem Restoration Phase 2.pdf

Shore Protection Project Low er Brule Phase II, Missouri River-Big Bend Reach Lyman County, SD

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

THIS SOLICITATION IS RESTRICTED 100% TO SMALL BUSINESS INTERESTS

All bids must be submitted electronically. See Section 00 21 00 INSTRUCTIONS TO OFFERORS, "General Bidding Information" for instructions on submitting bids.

X

WAYNE C WEIDENHAMER (402) 995-2074

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

13-Aug-2021

(RFP)

(IFB)

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Sep 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

W9128F21B0020 66

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

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

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W9128F21B0020

Section 00 10 00 - Solicitation, Contract Line Item Number (CLIN) Schedule

BID SCHEDULE

BID SCHEDULE

BASIC

Item Estimated Unit No. Description Quantity Unit Price Amount

0001 Entire work, complete, for placement of the Breakwater

Structures (placement of geotextile, and random fill) as shown on the drawings and in the specifications 1,275 LF $________ $___________

0002 Entire work, complete, for quarried stone for placement of the Breakwater Structures (not including Class ‘A’ Riprap) as shown on the drawings and in the specifications 6,280 Tons $________ $__________

0003 Entire work, complete, for spalls as shown on the drawings and in the specifications 5,510 Tons $_________ $__________

0004 Entire work, complete, for aggregate surface course as shown on the drawings and in the specifications 2,240 Tons $_________ $__________

0005 Entire work, complete, for removal and salvaging / replacing existing stone as shown on the drawings and in the specifications 2,000 Tons $_________ $_________

0006 Entire work, complete, for the mobilization / demobilization of all equipment as shown on the drawings & in the specifications L.S. Job - $_________

0007 All remaining work Except for Option

Items listed below L.S. Job - $_________

BASE TOTAL AMOUNT $_______________

OPTION (1)

No. Description Quantity Unit Price Amount

0008 Entire work, complete, for quarried stone as shown on the drawings and in the specifications 150 Tons $_______ $__________

0009 All remaining work

Items listed below L.S. Job - $__________

OPTION 1 TOTAL AMOUNT $ _____________

OPTION (2)

No. Description Quantity Unit Price Amount

0010 Entire work, complete, for install crushed concrete surface course (parking area, pedestrian trail, and entry road) as shown in the drawings and specifications 3940 Tons $_________ $__________

0011 Entire work, complete, for boat ramp, launch section, boat ramp grading one trash receptacle, electrical outlet, and lighting as shown in the drawings and specifications L.S. Job - $__________

0012 Entire work, complete, for w-beam guardrail (boat ramp parking area) as shown in the drawings and specifications. 1116 L.F. $_________ $__________

0013 Entire work, complete, for entry road and parking area improvements (asphalt pavement, concrete culvert pipe, misc. grading) as shown in the drawings and specifications L.S. Job - $__________

0014 Entire work, complete, for fish cleaning station (shelter, concrete slab and footings, tables, trash receptacle, electrical outlet, lighting, yard hydrant) as shown in the drawings and specifications L.S. Job - $__________

0015 Entire work, complete, for one vault toilet (building, concrete slab and footings), trash receptacle, electrical outlet, lighting, and yard hydrant as shown in the drawings and specifications L.S. Job - $__________

0016 Entire work, complete, for one small picnic shelter (canopy, concrete slab and footings) one trash receptacle, one grill, and one picnic table as shown in the drawings and specifications L.S. Job - $_________

0017 Entire work, complete, for water service as shown in the drawings and specifications L.S. Job - $_________

0018 All remaining work

Items listed below L.S. Job - $_________

OPTION 2 TOTAL AMOUNT $ ________________

OPTION (3)

No. Description Quantity Unit Price Amount

0019 Entire work, complete, for sand beach surface course as specifications 1650 Tons $________ $___________

0020 Entire work, complete, for rip-rap slope protection in beach area as shown in the drawings and specifications 165 Tons $________ $___________

0021 Entire work, complete, for crushed concrete base course (for sand beach) as shown in the drawings and specifications 800 Tons $________ $___________

0022 Entire work, complete, for w-beam guardrail (picnic area parking & basketball court area) as shown in the drawings and specifications 575 L.F. $________ $___________

0023 All remaining work

Items listed below L.S. Job - $___________

OPTION 3 TOTAL AMOUNT $ _______________

OPTION (4)

No. Description Quantity Unit Price Amount

0024 Entire work, complete, for two small picnic shelters (canopy, concrete slab and footings), two trash receptacles, two grills, two picnic tables, and two park benches as shown in the drawings and specifications L.S. Job - $___________

0025 Entire work, complete, for one large picnic shelter (canopy, concrete slab and footings), one trash receptacle, one grill, and four picnic tables as shown in the drawings and specifications L.S. Job - $___________

0026 Entire work, complete, for one vault toilet (building, concrete slab and footings), trash receptacle, electrical outlet, lighting, and yard hydrant as specifications L.S. Job - $___________

0027 Entire work, complete, for aggregate surfacing (picnic shelter, beach parking, basketball court, and horseshoe pit areas) as shown in the drawings and specifications 1126 Tons $_________ $___________

0028 All remaining work

Items listed below L.S. Job - $___________

OPTION 4 TOTAL AMOUNT $ ______________

OPTION (5)

No. Description Quantity Unit Price Amount

0029 Entire work, complete, for basketball court as shown in the drawings and specifications L.S. Job - $___________

0030 Entire work, complete, for horseshoe pit as shown in the drawings and specifications L.S. Job - $___________

0031 All remaining work L.S. Job - $___________

OPTION 5 TOTAL AMOUNT $ _______________

TOTAL AMOUNT (Basic plus All Options) $______________________ 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 180 days after issuance of Notice to Proceed.

2. 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."

3. 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.

4. 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.7.

5. See SECTION 00 72 00, GENERAL CONDITIONS, FAR 52.217-7 Option for Increased Quantity—Separately Priced Line Items for additional information on how the Government will award option items. Additional duration will be added to the contract performance period for each option exercised as follows:

Option 1: 0 days Option 2: 75 days Option 3: 45 days Option 4: 45 days Option 5: 30 days

Option Items 0008 thru 0009, 0010 thru 0018, 0019 thru 0023, 0024 thru 0028, and 0029 thru 0031 will be awarded all together or not at all.

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

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

1.1 GENERAL BIDDING INFORMATION

Bidders shall e-mail bids to the below individuals no later than the date and time established in Block 13 of the Standard Form (SF) 1442, or Block 14 of the most recent SF 30, as applicable:

Lee M. McCormick, Contracting Officer: Lee.M.McCormick@usace.army.mil

Wayne Weidenhamer, Contract Specialist: wayne.c.weidenhamer@usace.army.mil

Each email shall contain the following information:

a. Solicitation No: W9128F21B0020

b. Bid Due Date and Time: 14 September 2021 2:00PM CT

c. Bid Validity Date: 60 Days

Bids received after the date and time stated within Block 13 of the SF 1442 or Block 14 of the most recent SF 30, as applicable, will be considered late and will not be considered for award. To avoid rejection of a bid, the bidder must ensure the e-mail submission is virus-free. To ensure the bid is submitted timely, it is recommended to e-mail the bid one hour prior to bid closing and get verification of receipt. Interested bidders may also elect to send a test e-mail the day before bid opening. The government will follow FAR 14.406 if an e-mail bid is unreadable.

Bidders should enter a description for every file submitted. Bidders should separate files over 20 megabytes (MB) into smaller files and send separate e-mails. Bidders shall identify each e-mail with the number relative to the total number of e-mails submitted (i.e., “e-mail 1 of 4”). Bidders should request government receipt upon sending all e-mails. Bidders should not assume e-mail submissions are instantaneous and must consider file size and number of files sent.

Bidders must be registered in the System for Award Management (SAM) when sending the bid to comply with the annual representations and certifications requirements. The offeror certifies with its offer that the representations and certifications included in SAM are current, accurate, and complete.

1.1.1 INFORMATION TO BE PROVIDED WITH BID

Bidders must include the below information with the bid:

a. Standard Form (SF) 1442 with Blocks 14 through 20c completed and a person’s signature authorized to sign. Bidders must include their CAGE Code in Block 14, under “CODE.”

b. Bid Schedule (SECTION 00 10 00).

c. Bid Bond (SF-24); and

d. Bidder must complete provisions from SECTION 00 45 00 – Representations and Certifications, as applicable and listed below.

i. Bidders must complete and include the certification at FAR 52.209-13 mailto:Lee.M.McCormick@usace.army.mil mailto:wayne.c.weidenhamer@usace.army.mil

Violation of Arms Control Treaties or Agreements-Certification.

ii. Bidders must complete and include the representation at FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment ONLY based on its online representation in the provision at 52.204-26 Covered Telecommunications Equipment or Services-Representation in SAM.

iii. Bidders must include the representation at 252.204-7017 Prohibition on the Acquisitions of Covered Defense Telecommunications Equipment or Services-Representation ONLY based on its online representation in the provision at 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation in SAM.

1.1.2 BID OPENING

The government will NOT conduct a physical bid opening for this solicitation. The government will hold the bid opening by conference call at 3:00 pm CDT when the bids are due. The government scheduled the bid opening an hour after the due date to allow enough time to download all e-mail documents. No hard copy documents will be accepted.

1.1.3 INFORMATION FOR MODIFYING BIDS

If a bidder needs to modify its bid, the bidder shall send the revised offer by e-mail before the date submitted within Block 13 of the SF 1442 or Block 14 of the most recently issued SF 30 applicable.

1.1.4 ARITHMETIC DISCREPANCIES

Any clerical mistake, including arithmetic discrepancies in a bid, will be handled according to FAR 14.407-2. Any clerical error, apparent on its face in the offer, may be corrected by the contracting officer before award, but only after first obtaining bidder verification of the bid intended. The following are examples of mistakes that may be fixed:

(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.

1.1.5 BASIS FOR AWARD

Per FAR 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. It will award a contract to the responsible bidder whose offer, conforming to the solicitation, will be most advantageous to the government, considering only price and the price-related factors specified elsewhere in the solicitation. The low bid will be determined by combining all options with the base bid.

1.1.6 DESCRIPTION OF WORK

The scope of this project is shoreline protection Lower Brule, SD. Work shall be in accordance with plans and specifications issued with this solicitation.

1.1.7 ESTIMATED CONSTRUCTION COST

The estimated magnitude of construction is between $2,500,000 and $5,000,000.

1.1.8 BID GUARANTEE

See 52.228-1, Bid Guarantee in Section 00 72 00 (General Conditions). The bid guarantee must be on SF 24 and include a Power of Attorney appointing an attorney-in-fact with authority to bind the surety. At the time of bid opening, the bond is enforceable against the surety should the bidder fail to meet its obligation.

A power of attorney must include a certification as to the authority of the surety’s agents supported by a resolution of the surety authorizing their use and committing it bound by them. Electronic signatures and electronic, mechanically applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-24 is not required. Mailing a bid guarantee is not allowed.

1.1.9 PERFORMANCE AND PAYMENT BONDS OR ALTERNATE PAYMENT PROTECTION

See 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) (DEVIATION 2020-O0016) in Section 00 72 00 (General Conditions). After award, the performance bond must be on SF-25, and the payment bond must be on SF-25A. Electronic signatures and electronic, mechanically applied, or printed dates may be used and considered original signatures and dates, without regard to the order in which affixed. A corporate seal on the SF-25 or SF-25A is not required.

1.1.10 COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and amendments are available by internet access only. The government will post all solicitation documents to https://sam.gov/ The bidder is responsible for checking the website for amendments.

To view a list of interested vendors and receive notifications or e-mail of changes regarding the solicitation, bidders must register as vendors on the website listed above. If a bidder is already registered, enter the username and password to log in and search for the solicitation number. 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 this solicitation.

1.1.11 REJECTION OF BIDS

The government will handle the rejection of bids per FAR 14.404. The government may reject an offer if the prices for 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.

1.1.12 NOTICE REGARDING BUY AMERICAN STATUE

The Buy American statute (41 USC 83 chapter 83, Buy American) generally requires that contractors use only domestic construction material during the performance of this contract. Exception from the Buy American statute is permitted only in the case of non-availability of domestic construction materials or allowed under Trade Agreements if included in the solicitation. A bid offering non-domestic construction material will not be accepted unless specifically approved by the government or authorized under Trade Agreements if included in the solicitation. When a bidder proposes to furnish non-domestic construction material, the bid must set forth an itemization of the quantity, unit price, and intended use of any non- domestic construction material.

1.1.13 FEDERAL, STATE AND LOCAL TAXES

The bidder is responsible for investigating applicable federal, state, and local taxes and any specific exemptions that may exist and includes applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See 52.229-3 Federal, State, and Local in Section 00 72 00 (General Conditions).

1.1.14 TAXES – STATE OF SOUTH DAKOTA

a. EXCISE TAX: There is an excise tax on the total gross receipts of all prime contractors and subcontractors engaged in realty improvement contracts.

b. INFORMATION: The "excise" and "use" taxes shall be included in the price or prices bid. For information concerning the taxes contact: http://dor.sd.gov/

c. TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO): A Tribal Employment Rights Ordinance (TERO) tax will be assessed on 75% of the contract award amount (base and options) since this project is located on both federal and tribal property. The Lower Brule Sioux Tribe TERO tax rate is 3%. The successful contractor should not sign any agreement allowing the Tribe to exercise authority over the Contractor's operations.

1.1.15 BIDDER’S QUESTIONS AND COMMENTS

Bidders must submit questions and comments relative to the bidding documents via Bidder Inquiry as indicated below.

Bidders may submit questions and comments relative to any proprietary concerns or bidding documents, or if the Bidder Inquiry system is out of service, to the individuals below:

Lee M. McCormick, Contracting Officer: Lee.M.McCormick@usace.army.mil

Wayne Weidenhamer, Contract Specialist: wayne.c.weidenhamer@usace.army.mil

1.1.16 BIDDER INQUIRY

Bidders shall submit all questions via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/, ten calendar days before bid opening, to allow the government time to respond before receipt of bids or issue an amendment.

Bidders must use the Bidder Inquiry Key and instructions below to submit and review inquiry items. A bidder who enters a comment/question will receive an acknowledgment of their comment /question by e- mail, followed by an answer to the comment/question after the government has processed it.

The government will make available all timely questions and approved answers in ProjNet. The Solicitation Number is: W9128F21B0020 The Bidder Inquiry Key is: JZT8EA-4R6WY3

a. Registration for ProjNet Bidder Inquiry Access http://dor.sd.gov/ mailto:Lee.M.McCormick@usace.army.mil mailto:wayne.c.weidenhamer@usace.army.mil http://www.projnet.org/projnet/

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

2. Select USACE for the Agency.

3. Enter the Bidder Inquiry Key above.

4. Enter the primary e-mail address to use for communication for.

5. Check the “I agree to the Privacy & Security Notice” box and click Continue. A page will 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, E-mail, Secret Question, Secret Answer, and Time Zone. Bidders will use the answer to the Secret Question from this point on to access the ProjNet system.

7. Click Add User. Once completed, ProjNet registration is complete, and the bidder is logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, bidders will not receive a password by e-mail.

Bidders will utilize the 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. Select USACE for the Agency.

4. Enter the Bidder Inquiry Key above.

5. Enter the primary e-mail address used to register.

6. Check the “I agree to the Privacy & Security Notice” box and 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 complete, the bidder is logged into the system.

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

c. Bidders are requested to review the plans and specifications in their entirety and review the Bidder Inquiry System for answers to questions prior to submitting a new inquiry.

d. The call center operates weekdays from 8 am to 5 pm Central Standard Time Zone (Chicago). The telephone number for the call center is 800-428-HELP.

1.1.17 AVAILABILITY OF BID RESULTS

Bid results will be available after bid opening on https://www.sam.gov

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 http://www.sam.gov/

52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

U.S.Army Corps of Engineers – Omaha District Attn: Lee McCormick 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.

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

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

(b) Site visit will be conducted on 24 August 2021 during normal duty hours. To register to attend the Site Visit contact:

Name: Greg Johnson

Email Address: Greg.Johnson@usace.army.mil Telephone: (402) 995-2701

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

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 provision) mailto:Greg.Johnson@usace.army.mil http://www.acquisition.gov/browse/index/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Section 00 45 00 - Representations and Certifications

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

(2) The small business size standard is $39,500,000.

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

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

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

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

(x) 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.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). 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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 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.

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

(xv) 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.

(xvi) 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.

(xvii) 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.

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (FEB 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--https://www.sam.gov/

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021)

Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

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

(e) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) 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:

mailto:NDAA1290Cert@state.gov

__ (i) Paragraph (e) applies.

__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

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

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.

Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.

____ (iii) 252.225-7020, Trade Agreements Certificate.

____ Use with Alternate I.

X (iv) 252.225-7031, Secondary Arab Boycott of Israel.

____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.

____ Use with Alternate I.

____ Use with Alternate II.

____ Use with Alternate III.

____ Use with Alternate IV.

____ Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments--Representation.

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to…