W912BV23B0002.pdf

US Army Corps of Engineers

Tulsa District

SOLICITATION NO.: W912BV23B0002

RESURFACE EMBANKMENT

ROADWAY

WAURIKA LAKE, OK

DESIGN-BID-BUILD

READY TO ADVERTISE (RTA)

06 October 2022

Project Title: Resurface Embankment Roadw ay, Waurika Lake, Hastings, OK.

This acquisition is solicited as an Invitation for Bid. See block 13 for Bid Opening date and time.

This acquisition is a 100% set aside for Small Business.

In accordance w ith FAR 36.204, Disclosure of the Magnitude of Construction Projects, the estimated magnitude of construction for this project is betw een $500,000 and $1,000,000.

The NAICS code for this project is 237310, Highw ay, Street, and Bridge Construction. The size standard is $39.5M.

Bids must be emailed, mailed or hand-carried; faxed bids w ill not be accepted in this solicitation, w herein stated "offer", it means "bid" or w here stated "offeror", it means "bidder".

Please Note: This solicitation requires bidders to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS). The NIST score is required before an aw ard can be made.

Contract Specialist: Melissa Hyslop, Melissa.D.Hyslop@usace.army.mil.

X

MELISSA D HYSLOP 918.669.0000

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

06-Oct-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 ________180 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 __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Nov 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 of fers 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 _______90 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

CONTRACTING DIV

US ARMY CORPS OF ENGINEERS, TULSA DISTRICT

2488 E. 81ST STREET

TULSA OK 74137-4290

W912BV

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)

918-669-7436FAX:TEL: TEL: FAX:

W912BV23B0002 51

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

WAURIKA EMBANKMENT ROAD MICROSURFACING

HASTING, OK (JEFFERSON COUNTY)

00 11 00 - Page 3

Section 00 11 00 - SF 1442 and CLIN Schedule

CLIN SCHEDULE

BASE BID

PROPOSAL

CLIN

NO. DESCRIPTION QUANTITY UNIT

UNIT

PRICE AMOUNT

0001 Type A Aggregate Base for patch repairs as per patch schedule as shown in the Plans and Specifications.

Job

Each

0002 Hot Mix Asphalt for patch repairs per the patch schedule as shown in the Plans and Specifications.

0003 Shoulder Regrading and Herbicide Treatment. Micro Surfacing for Embankment Road as shown in the Plans and Specifications.

0004 Water-Based Paint Traffic Markings:

4” Solid/Dashed Yellow centerline

(Double or Single Line as shown in the Plans and Specifications).

4” Solid White Line for Pavement Edges as shown in the Plans and Specifications.

TOTAL BASE BID PROPOSAL

(CLINS 0001 – 0004 Inclusive)

00 11 00 - Page 4

OPTIONS PRICING FOR SCRUB SEAL AND THERMOPLASTIC TRAFFIC

MARKINGS

CLIN

NO.

DESCRIPTION

QUANTITY

UNIT

UNIT

PRICE

AMOUNT

0005 Option #1 –

Scrub Seal of Crack Seal for Surface Preparation

0006 Option #2 –

Substitute Water-Based Paint Traffic Marking from the Base Bid and add Thermoplastic Markings:

4” Solid/Dashed Yellow centerline – (Double or Single as shown in the Plans and Specifications).

4” Solid White Line for Edges as shown in the Plans and

TOTAL OPTIONS PROPOSAL

(CLIN 0005 AND 0006)

TOTAL PRICE FOR BASE BID + OPTIONS

(CLINS 0001 – 0006 Inclusive) $

Contract Duration in Calendar Days (See Note 8):

00 11 00 - Page 5

PRICING SCHEDULE NOTES

1. The Offeror shall submit pricing data on the latest Pricing Schedule as published in the solicitation or the latest amendment thereto. All Offerors should state their revised prices for each item in lieu of indicating the additions and deductions to line items.

2. Offerors must insert a price on all numbered items of the Pricing Schedule.

Failure to do so will disqualify the Offer.

3. If a modification to a proposal is submitted and provides for a job adjustment to the total estimated cost as shown in the Contract Line-Item schedule (CLIN), the Offeror agrees that the job adjustment shall be applied on a prorated basis to every CLIN in the Pricing Schedule.

4. Only one contract for the entire schedule will be awarded under this solicitation.

5. BASE PROPOSAL ITEM DESCRIPTIONS

a. Pricing for CLIN 0001 shall include Type A Aggregate Base for patch repairs as per patch schedule as shown in the Plans and

b. Pricing for CLIN 0002 shall include Hot Mix Asphalt for patch repairs as per patch schedule as shown in the Plans and

c. Pricing for CLIN 0003 Micro Surfacing for Embankment Road as shown in the Plans and Specifications. This includes the application of a 3/8-inch minimum thickness of Micro Surfacing to an existing pavement surface. The Micro Surfacing shall be a mixture of polymer-modified emulsified asphalt, mineral aggregate, mineral filler, water, and other additives - all properly proportioned, mixed on the project, and spread on the surface in accordance with the drawing and specifications. Crack sealing or scrub sealing as per the Plans and Specifications is acceptable for surface preparation.

d. Pricing for CLIN 0004 – Water-based Traffic Markings:

4” solid or dashed yellow centerline (double or single as shown in the Plans and Specifications). Install 4” solid white line for edges as shown in the Plans and Specifications.

6. OPTION ITEM DESCRIPTIONS

a. Pricing for CLIN 0005, Option 1 - Crack sealing or scrub sealing as shown in the Plans and Specifications is acceptable surface preparation.

b. Pricing for CLIN 0006, Option 2 - Substitute Water-Based Paint

Traffic Marking from the Base Bid and add Thermoplastic Traffic Markings:

Include 4” solid or dashed yellow centerline (double or single line as shown in the Plans and Specifications). Install 4” solid white line for edges as shown in the Plans and Specifications.

7. AWARD OF OPTIONAL PROPOSAL ITEMS

Option 1 through Option 2 may be exercised at the discretion of the Contracting Officer, at any time from the date of contract award and until 120 days after Notice to Proceed (NTP).

W912BV23B0002

8. The Offeror shall propose a total integrated contract duration in number of calendar days after the Notice to Proceed (NTP) is received by the Contractor, whether via electronic means or hard copy, whichever is the earliest method of delivery. The total number of proposed calendar days for design and construction through completion, ready for turnover shall not exceed the days shown in the document entitled SCR: 52.211-10 COMMENCEMENT, PROSECUTION AND

COMPLETION OF WORK.

The proposed duration shall become the required contract duration. The Government may issue the NTP via e-mail or Facsimile (FAX) or by other means. Day number 1 is the day after the date of receipt of the NTP.

Section 00 21 00 - Instructions, Conditions & Notices to Offerors

INSTRUCTIONS TO BIDDERS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

1.1. GENERAL DESCRIPTION OF WORK

The work includes Micro Surfacing for Embankment Road as shown on the Plans and as described in these Contract Documents. Include for the application of Micro Surfacing to an existing pavement surface shall be in a 3/8-inch minimum thickness lift. The Micro Surfacing shall be a mixture of polymer-modified emulsified asphalt, mineral aggregate, mineral filler, water, and other additive, - all properly proportioned, mixed on the project, and spread on the surface in accordance with the plans and specifications. Existing Shoulders will be cleared of vegetation and repaired where deemed necessary to improve the water drainage of the pavement. Existing vegetation should be treated with an herbicide approximately 2 weeks prior to applying any type of any asphalt based resurfacing processes. Silt and debris needs to be removed from the surface to allow for proper surface drainage runoff.

Existing Shoulders on both sides need to be treated with herbicide and then regraded to drain the run-off water off the pavement. There are three "pullout" areas along the lake side of the Dam Road. There is considerable amounts of silt and aggregate accumulated along the base of the barrier rail which is blocking the gaps in the rails and not allowing the surface runoff to get off the roadway quickly. The excess aggregate will need to be removed from the surface prior to resurfacing. The "gap" openings between the segments of concrete rail should be cleaned out also to allow for proper drainage. High edges along the Pavement Road need to be bladed off to allow for proper surface runoff. These high edges restrict the water from leaving the roadway's surface and can result is base failures.

The work is located at Waurika Lake Embankment Road 5900 Waurika Dam Rd, Hastings, OK 73548.

1.2. GOVERNMENT SECURITY REQUIREMENTS

The Offeror(s) must ensure that ALL mail sent to the Tulsa District, U.S. Army Corps of Engineers, either pre-contract or post-contract award, has a return mailing address on the outside of the envelope, package, box, etc.

ANY MAIL addressed to the U.S. Army Corps of Engineers, including but not limited to bids, modifications to bids, proposals, revised proposals, bonds, correspondence, etc., will be REJECTED by the US Army Corps of Engineers mail room facility located at 2488 E. 81st Street, Tulsa, OK 74137-4290, if it does not contain a return mailing address. There will be no exceptions.

USACE Tulsa District Point of Contact is Melissa Hyslop:

Phone: 918-669-7670 Email: Melissa.D.Hyslop@usace.army.mil

1.3. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS

Copies of the solicitation and any amendments will be provided electronically via SAM.gov.

1.4. OFFEROR'S QUESTIONS AND COMMENTS

All contractual matters, questions and or comments relative to these documents should be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet/binKornHome/index.cfm?strKornCob=HomePagePublic no later than 5 calendar days prior to the proposal due date, in order that they may be given consideration or actions taken prior to receipt of offers.

The Bidder Inquiry Key for this project is: UU2JRG-3H5WFD Instructions for registering in the ProjNet Bidder Inquiry system are available on the above web site.

1.5. SMALL BUSINESS SIZE STANDARD/NAICS CODE

The Small Business NAICS Code is 237310, Highway, Street and Bridge Construction, and the size standard is $39,500,000.00 also see FAR 52.204-8.

1.6. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

This Invitation for Bids (IFB) does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a proposal

1.7. SITE VISIT

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

(b) An organized site visit has been scheduled for- Thursday, October 13, 2022 at 11:00 a.m.

(c) Participants will meet at- Waurika Lake Project Office, 5900 Waurika Dam Rd. Waurika, OK 73573

1.8. ACCURACY IN BIDS

Proposals must set forth full, accurate, and complete information as required by this IFB, (including attachments).

The penalty for making false statements is prescribed in 18 U.S.C. 1001.

1-9. BID SUBMITTAL

(1) BID CONDITIONS

The Contractor shall bid ALL items including the option items contained in the Bid Schedule, with no exceptions.

Should a Contractor fail to fully complete the bid schedule, its bid may be considered non-responsive to the solicitation and ineligible for the resultant contract award. Therefore, the bidder’s total price for the work shall be based on the TOTAL of all BID items included in the Bid Schedule. The Contractor shall enter its unit prices for each Bid Item and the Option Items.

The Government intends to award all Base Bid Items to the responsive, responsible bidder.

Award will be based upon the bidder submitting the lowest aggregate price for all items in the bid schedule, including the option items.

Split or multiple awards will not result from this solicitation.

(2) SUBMISSION OF BIDS:

BIDS OR MODIFICATIONS TO BIDS THAT ARE RECEIVED BY FACSIMILE OR TELETYPE WILL NOT BE CONSIDERED. All Sealed Bids must be submitted in accordance with the procedures set forth in Block No. 13 of Page 1 of this Solicitation Document and comply with all other instructions provided herein.

Bidders are required to acknowledge the receipt of all amendments to the Solicitation on the Standard Form 1442 in the space provided, by completing Blocks 8 and 15 of the Amendment (Standard Form 30) or by separate letter prior to opening of bids.

SF 1442 BACK (Page 2 of the Solicitation): Bidders shall fully complete all the required areas located under the section designated as “OFFER” (refer to Items 14 through 20C) Section 00 45 00 (Representations and Certifications): The bidder must fully complete Section 00 45 00 of this Solicitation and submit it along with all other documents required by this Solicitation.

Bids received without this Section fully completed may be rejected, considered non‐responsive and ineligible for award.

BID GUARANTEE: The bidder is required to submit a Bid Guarantee for this procurement. Any bidder failing to submit an authentic Bid Guarantee will be considered non‐responsive to the Solicitation and ineligible for award.

The Bid Guarantee shall be in the amount of 20% of the bidder’s price or $3,000,000.00, whichever is less.

PREAWARD SURVEY: All contractors shall complete the enclosed form at the end of the Instruction to Offerors and furnish a completed copy with other deliverables required by this solicitation.

(3) DELIVERY OF BIDS

SEALED BIDS: Bids may be delivered using one of the following methods: electronic, mailed or hand-carried.

Regardless of the method of delivery (mailed or hand‐carried), bids and all other documents called out in the Solicitation shall be enclosed and sealed in an envelope that is clearly marked “Bid” and shall include the assigned Solicitation Number, and the Bid Opening Date and Time.

ELECTRONIC BIDS: It is the responsibility of the bidder to ensure that its sealed bid is received by the Tulsa District’s – USACE Contracting Branch. To submit electronically and receive acknowledgement, bidder shall email bid to the following email addresses no later than time of bid opening.

Contract Specialist: Melissa Hyslop, email: melissa.d.hyslop@usace.army.mil and Contracting Officer: Robert Connors, email: Robert.w.connors@usace.army.mil

MAILED BIDS: It is the responsibility of each bidder to ensure that its Sealed Bid is received by the Tulsa District’s

– USACE Contracting Branch, located at 2488 E. 81st Street, Tulsa, OK 74137-4290. Prior to the date and time set for the opening of the bids – See Block 13A of Page 1 of the Solicitation.

HAND‐CARRIED BIDS DELIVERED ON THE DAY OF THE BID OPENING PRIOR TO NOON: For bids being hand‐carried prior to 12:00 NOON on the date of the bid opening, the bidder shall CONTACT Melissa Hyslop at 918‐669-7670, or Robert Connors at 918-669-7078 to retrieve its Bid from the Security Floor 16 of the 20 Story Building of the USACE’s office location, which is located at 2488 E. 81st Street, Tulsa, OK 74137-4290.

HAND‐CARRIED BIDS DELIVERED ON THE DAY OF THE BID OPENING AFTER 12:00 NOON: For bids being hand-carried after 12:00 NOON on the date of the bid opening, the bidder shall be prepared to check in at the Security Floor 16 of the 20 Story Building of the USACE’s office location, which is located at 2488 E. 81st Street, Tulsa, OK 74137-4290 (see detailed instructions provided below)

(4) BID OPENING ROOM:

The designated Bid Opening Room is located on the first floor of the CityPlex Building 20 Story Building in the First Floor Auditorium. See attachments for more information regarding logistics.

Each visitor may be required to check‐in at the USACE Main Office, Floor 16, where they will be asked to sign‐in and provide a valid photo ID, go through all security checks, and will then be directed to the Bid Opening Room. All individuals intending to attend the Bid Opening should allow enough time to go through security and check in at the USACE office before being escorted to the Bid opening room. It is the individual’s responsibility to ensure that sufficient time is allotted to go through security prior to the bid opening time.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 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 52.214-12 Preparation Of Bids APR 1984 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.232-38 Submission of Electronic Funds Transfer Information with

Offer

JUL 2013

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)

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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 – Tulsa District Attention: CECT-SWT (Robert Connors) 2488 E. 81st Street Tulsa, Oklahoma 74137-4290

(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) An organized site visit has been scheduled for 1100 – 1230 on Thursday, 13 October, 2022.

Name: Raymond Todd

E-mail: Raymond.w.todd@usace.army.mil Telephone: (918) 669-7347 Address: 5900 Waurika Dam Rd. Waurika, OK 73573

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/

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment, Medium Assessment, and High Assessment have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800- 171.html.

(c) Procedures.

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS.

(i) The email shall include the following information:

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following format for the report:

Brief CAGE codes description of Date of Total Date score of System security plan supported by this the plan assessment score 110 will plan architecture achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(3) Accessibility.

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section.

DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

Section 00 22 11 - Proposal Submission Requirements, Evaluation Criteria, Basis of Award One-Step-Best Value, Design-Build (Single Award)

GENERAL INSTRUCTIONS

GENERAL INSTRUCTIONS

1. Offers will be evaluated using the criteria under Section 00 22 11, Proposal Submission Requirements, Evaluation Criteria and Basis for Award and compliance with the IFB technical requirements. Noncompliance with the IFB requirements will raise serious questions regarding an offeror’s technical ability to perform the services and may be grounds to eliminate the proposal from further consideration for contract award.

2. The Offer. The submission of the documentation specified under Section 00 22 11, Proposal Submission Requirements, Evaluation Criteria and Basis for Award, will constitute the offeror’s acceptance of the terms and conditions of the IFB, concurrence with the plans and specifications, and the proposed contract type.

3. It is the Government’s intention to award without discussions. Offerors are encouraged to present their best technical proposal and prices in their initial proposal submission in accordance with FAR 14.101(e).

4. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful proposals.

5. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the contracting officer (KO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

6. All referenced documents are available from the contract specialist, Melissa Hyslop, Melissa.D.Hyslop@usace.army.mil.

52.217-5 Evaluation Of Options JUL 1990 52.232-15 Progress Payments Not Included APR 1984

Section 00 45 00 - Representations & Certifications

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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.

(2) The small business size standard is $39,500,000.00.

(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.

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 essential 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.