W9128F22B0011_FR Bank Stabilization.pdf

Fort Randall Bank Stabilizaiton - RM 886 and East Dude Ranch w ork to be completed as described in Specif ications and Draw ings dated July

2022.

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

09-Aug-2022

(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 ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________09 Sep 2022 (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:

W9128F22B0011 49

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

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

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3,621 Dry Ton Placement of Stone (Govt Furnished)

FFP

Fort Randall Bank Stabilization for RM 886. Placement of stone (Government Furnished) to be performed IAW Specifications and Drawing dated July 2022.

FOB: Destination

PSC CD: Z2PC

NET AMT

0002 1 Job Earthwork

FFP

Fort Randall Bank Stabilization for RM 886. Earthwork to be performed IAW

Specifications and Drawing dated July 2022.

0003 2,428 Square

Yard

Place Geotextile

FFP

Fort Randall Bank Stabilization for RM 886. Placement of geotextile to be performed IAW Specifications and Drawing dated July 2022.

0004 1 Job Mobilization and Demobilization of Equip

FFP

Fort Randall Bank Stabilization for RM 886. Mobilization and demobilization of equipment to be performed IAW Specifications and Drawing dated July 2022.

0005 1 Job Site Access Improvements, Subsequent Rem

FFP

-oval, and Restoration. Fort Randall Bank Stabilization for RM 886. Site Access

Improvements, Subsequent Removal, and Restoration. Work to be performed IAW Specifications and Drawing dated July 2022.

0006 1 Job All Remaining Work

FFP

Fort Randall Bank Stabilization for RM 886. All remaining work to be performed

IAW Specifications and Drawing dated July 2022.

0007 1 Job Place Stone (Government Furnished)

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. Place stone

(Government Furnished) work to be performed IAW Specifications and Drawing dated July 2022.

0008 8,172 Dry Ton Place Stone (Contractor Furnished)

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. Place stone

(Contractor Furnished) work to be performed IAW Specifications and Drawing dated July 2022.

0009 1 Job Earthwork

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. Earthwork to be performed IAW Specifications and Drawing dated July 2022.

0010 6,000 Square

Yard

Placement of Geotextile

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. Placement of

Geotextile to be performed IAW Specifications and Drawing dated July 2022.

0011 1 Job Mobilization and Demobilization of Equip

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. Mobilization and

Demobilization of Equipment to be performed IAW Specifications and Drawing dated July 2022.

0012 1 Job Site Access Improvements,Subsequent Remo

FFP

-val, and Restoration. Fort Randall Bank Stabilization for RM 962 East Dude

Ranch. Site Access Improvements,Subsequent Removal, and Restoration to be performed IAW Specifications and Drawing dated July 2022.

0013 1 Job All Remaining Work

FFP

Fort Randall Bank Stabilization for RM 962 East Dude Ranch. All remaining work to be performed IAW Specifications and Drawing dated July 2022.

BID SCHEDULE

BID SCHEDULE

Item

No. Description Quantity Unit Unit Price Amount

BASIC

RM 886

0001. Place stone (Government Furnished) 3,621 Tons $ ________ $ _____________

0002. Earthwork Job N/A $ _____________

0003. Place Geotextile 2,428 SY $ ________ $ _____________

0004. Mobilization and Demobilization of 1 Job N/A $ _____________

Equipment

0005. Site Access Improvements, 1 Job N/A $ _____________

Subsequent Removal, and Restoration

0006. All remaining work 1 Job N/A $ _____________

DUDE RANCH – RM 962

0007. Place stone (Government Furnished) Job N/A $ _____________

0008. Place stone (Contractor Furnished) 8,172 Tons $ ________ $ _____________

0009. Earthwork Job N/A $ _____________

0010. Place Geotextile 6,000 SY $ ________ $ _____________

0011. Mobilization and Demobilization of 1 Job N/A $ _____________ Equipment

0012. Site Access Improvements, 1 Job N/A $ _____________ Subsequent Removal, and Restoration

0013. All remaining work 1 Job N/A $ _____________

TOTAL BASIC (Items 0001 – 0013) $ _____________

NOTES:

1. Bid prices must be entered for all items of the schedule. Total amounts submitted without bid prices being entered on individual items will be rejected. In case of variation between the lump-sum (CLIN) prices and the total amount, the lump-sum prices will be considered the bid. In case of variation between the unit prices and the extensions, the unit prices will be considered the bid.

2. A modification to a bid which provides for a single adjustment to the total amounts, should state the application of the adjustment to each respective lump-sum price and unit price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 0006 or 0013 dependent upon the location of the work.

4. 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 Requirements Clause “Variation in Estimated Quantities”.

Section 00 21 00 - Instructions

INSTRUCTIONS FOR BIDDERS

Section 00 21 00 - Instructions

INSTRUCTIONS FOR 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:

Contracting Officer: Jessica R. Jackson jessica.r.jackson@usace.army.mil

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

Each email shall contain the following information:

a. Solicitation No: W9128F22B0011

b. Bid Due Date and Time: Reference block 13a of the SF1442

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. 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 should send bids at least one hour early to ensure delivery and may send test e-mails to USACE the day before bid opening.

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 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 mailto:jessica.r.jackson@usace.army.mil mailto:wayne.c.weidenhamer@usace.army.mil 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 CST 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.

1.1.6 DESCRIPTION OF WORK

This project is for the implementation of bank stabilization measures in Lyman and Charles Mix Counties SD adjacent to Lake Francis Case / Ft. Randall Dam. The work is bank and slope protection and consist of cutting, regrading, and compacting the existing bank to provide the proper slope for the placement geotextile fabric and rip rap stone.

1.1.7 ESTIMATED CONSTRUCTION COST

Estimated Price range of this project is between $500,000 and $1,000,000

1.1.8 BID GUARANTEE

W9128F22B0011

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). Performance and payment bonds will be required for each individual bid over $25,000 in value. 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://www.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 user name 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

http://www.sam.gov/

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).

1.1.16 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:

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

Contracting Officer: Jessica R. Jackson jessica.r.jackson@usace.army.mil

1.1.16.1 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: W9128F22B0011 Project Name is: (Bank Stabilization FY22) Ft. Randall RM 886 and East Dude Ranch The Bidder Inquiry Key is: 2GP5ZG-4U6655

a. Registration for ProjNet Bidder Inquiry Access

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.

mailto:wayne.c.weidenhamer@usace.army.mil mailto:jessica.r.jackson@usace.army.mil http://www.projnet.org/projnet/ http://www.projnet.org/projnet/

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 operate 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

An abstract of 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 52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.225-5 Trade Agreements OCT 2019

52.228-1 Bid Guarantee SEP 1996 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7007 Notice of Intent to Resolicit JUN 2012

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) http://www.sam.gov/

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: Jessica Jackson 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) A formal site visit is tentatively scheduled for 16 August 2022 at 0900 CST. Attendees will meet at the Fort

Randall Dam Visitor Center, US-18, Lake Andes, SD 57356. (See map – external attachment)

The site visit will begin at the Fort Randall RM 886 stockpile area (near the visitor center), proceed to RM 886 (30 min drive from visitor center) and end at East Dude Ranch (1 ½ hour drive from RM 886 near Oacoma, SD).

Contractors are encouraged to stay with the caravan.

The POC for the site visit is Dave Daggett. Interested attendees are to contact Mr. Daggett NLT 2 days prior to the visit.

David.L.Daggett@usace.army.mil 605-469-9000 (cell)

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):

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

The full text of DFARS provisions can be found at:

mailto:David.L.Daggett@usace.army.mil 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 Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 45 00 - Representations and Certifications

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification

NOV 2021

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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 (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990 - Other Heavy and Civil Engineering Construction.

(2) The small business size standard is $39.5M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 products or commercial services.

(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 $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 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.]

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

(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.

https://www.sam.gov/

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services . The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or es sential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

Section 00 72 00 - General Conditions

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-18 Variation in Estimated Quantity APR 1984 52.214-18 Preparation of Bids-Construction APR 1984

52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data -

Modifications - Sealed Bidding

JUN 2020

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021

52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-32 Construction Wage Rate Requirements--Price Adjustment

(Actual Method)

AUG 2018

52.222-33 Notice of Requirement for Project labor Agreement MAY 2010

52.222-34 Project Labor Agreement MAY 2010 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020- O0016)

FEB 2021

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 (Dev) Performance and Payment Bonds-Construction. (Deviation

2020-O0016)

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-16 (Dev) Progress Payments (DEVIATION 2020-O0010) NOV 2021

52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991

52.236-15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-9 Default (Fixed-Priced Research And Development) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7004…