W912DW23B0006 Snohomish-Everett Hydraulic Dredging.pdf

IFB No. W912DW23B0006

Seattle District

FY23 Snohomish/Everett Hydraulic Dredging Invitation for Bid

Construction Solicitation and Specifications

August 2023

DB-SP JOB # 23001

This requirement is a 100% Small Business Set-Aside.

Furnish all labor, materials, and equipment to perform all w ork for FY23 Snohomish/Everett Hydraulic Maintenance Dredging in accordance w ith the attached contract provisions, clauses, and technical specif ications.

IMPORTANT NOTE: Please see detailed instructions on bid submittal and bid opening procedures.

X

JEANNETTE K PATTON 206-316-3891

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

17-Aug-2023

(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 _______5 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________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 __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________18 Sep 2023 (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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

W912DW

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

206-764-6817FAX:TEL: 206-316-3168 TEL: FAX:

W912DW23B0006 59

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 01 10 - Table of Contents

TABLE OF CONTENTS

CAUTION TO BIDDERS

SECTION TITLE

1442 Solicitation, Offer, and Award 00 01 10 Table of Contents 00 21 00 Instructions 00 45 00 Representations and Certifications 00 62 00 Certificates and Other Forms: Corporate Certificate 00 72 00 General Conditions: Contract Clauses 00 73 00 Supplementary Conditions: Davis-Bacon Wage Decision No. WA20230080

1/06/2023 00 00 00 Technical Specifications: 01 00 00 thru 35 20 23-B

Section 00 21 00 - Instructions

BIDDERS INSTRUCTIONS

SECTION 00 21 00

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

1. GENERAL DESCRIPTION OF WORK

2 MAGNITUDE OF CONSTRUCTION

3. GOVERNMENT SECURITY REQUIREMENTS

4. COPIES OF INVENTATION FOR BID (IFB) DOCUMENTS AND AMENDMENTS

5. OFFEROR'S QUESTIONS AND COMMENTS

6. SYSTEM FOR AWARD MANAGEMENT

7. BIDDER’S TECHNICAL QUESTIONS AND COMMENTS

8. SMALL BUSINESS SIZE STANDARD/NAICS CODE

9. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

10. SITE VISIT

11. ACCURACY IN BIDS

12. BID SUBMITALS

13. BID OPENIING PROCURES

14. PROPOSAL FORMAT

15. BID GUARANTEE

16. BASIS OF AWARD

17. POINT OF CONTACTS

18. JOINT VENTURE PROPOSAL REQUIREMENTS

W912DW23B0006

1. GENERAL DESCRIPTION OF WORK

The work is located in Everett, WA on the Snohomish River Federal Channel. The work includes approximately 140,000 Cubic yards (CY) of material from the Snohomish River Federal Navigation Channel from Station 337+07 to Station 354+47, and Sta. 65+00 to Sta. 78+00.

It is anticipated the work would be performed in the Fall 2023– Winter 2024. All in-water work must be completed by 14 February 2024. The material will be dredged by Hydraulic pipeline dredge and placed in Parcel “O” and Jetty Island. Dredging will occur within the in-water construction work window of 16 OCT 2023 through 14 FEB 2024.

2. MAGNITUDE OF CONSTRUCTION

Pursuant to FAR 36.204, the estimated magnitude of construction is estimated to be between $1 million and $5 million.

3. GOVERNMENT SECURITY REQUIREMENTS

The Offeror’s bid shall be submitted electronically, as described below in Item 9, Bidder Submittals. See the SF 1442 block 13 for the receipt date and time for offer submittal. The Offeror’s Bid shall not contain classified data.

The use of hyperlinks in offers in prohibited.

4. COPIES OF INVITATION FOR BID (IFB) DOCUMENTS AND AMENDMENTS

Copies of all solicitation documents and amendments are available by INTERNET ACCESS ONLY through https://piee.eb.mil and to sam.gov websites under solicitation number W912DW23B0006.

NOTE: SAM.gov is the official U.S. Government website for Contract Opportunities.

It shall be the Offeror’s responsibility to check the websites for any amendments. The Offeror shall submit in the bid all requested information specified in this solicitation.

Amendments: All amendments must be acknowledged. If in doubt as to the number of amendments issued, please contact the representative listed on the information page.

Amendment Sections: If any amendments furnished amended sections, the amended sections must be used in submitting your offer.

5. OFFER ACCEPTANCE PERIOD

The minimum offer acceptance period is specified in block 13D of SF1442, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

6. SYSTEM FOR AWARD MANAGEMENT

The Offeror is required before receipt of contract award to ensure that their firm is registered in the government web site entitled System for Award Management (SAM) and that all information required is current and up to date.

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

7. BIDDER’S TECHNICAL QUESTIONS AND COMMENTS

All inquiries regarding this solicitation are to be submitted via ProjNet [https://www.projnet.org]. Telephone and email inquiries will not be accepted. ProjNet is a web-based program that allows bidders to post questions regarding this solicitation and to view all questions by other bidders and answers by USACE.

To access the ProjNet website the first time:

1) Click the Bid tab

2) Click Bidder Inquiry. (The Agency is USACE.)

Enter the following information for access:

1. The Bidder Inquiry Key: SYJYVT-FF7WW7

2. Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). (required on first project only)

3. Establish Secret Question and Answer which will be used as a password (required on first project only) For subsequent access use your email address, the Bid Inquiry Key and response to the Secret Question to access ProjNet.

3) Submit technical questions. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

4) For questions about ProjNet, please contact the Call Center help desk from 8:00 AM to 5:00 PM

Central Time:

ProjNet Call Center numbers: 833-389-1097 and 217-367-3273 or email: staff@projnet.info (preferred).

No response will be posted to inquiries after the Close of Business on the third business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet prior to bid submission. Nothing in this solicitation is changed unless an amendment is sent out.

8. SMALL BUSINESS SIZE STANDARD/NAICS CODE

See Section 00 45 00, FAR Provision 52.204-8 for the small business size standard & NAICS Code.

9. PROPOSAL EXPENSES AND PRE-CONTRACT COSTS

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

10. SITE VISIT

BIDDERS ARE URGED and expected to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract, to the extent, such information is reasonably obtainable. In no event, will a failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract.

Site Visit requests should be requested through ProjNet or contact the representative listed on the information page.

11. ACCURACY IN BIDS

Bids 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.

Review your offer price of possible errors in calculations or work left out.

BEFORE SIGNING AND SUBMITTING THIS OFFER, PLEASE TAKE NOTE OF THE FOLLOWING, AS FAILURE TO

PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR OFFER TO BE REJECTED

12. BID SUBMITTALS

In an effort to reduce paperwork and cost, your bid shall be submitted electronically through the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module at https://piee.eb.mil/. When posting an offer, ensure electronic files are clearly identified with the solicitation number, company name, volume, section, and or/ item. The minimum required naming format for files is as follows:

W912DW23B0006_Company Name_Item Offers will not be accepted if submitted by email, facsimile, regular mail, hand carried, etc. and will not be evaluated. Offers sent through proprietary or third party File Transfer Protocol (FTP) sites or DoD SAFE will not be accepted. The Offeror is responsible to confirm the offer has been received. All offers received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR) and the solicitation.

For PIEE registration, training, and instructions for posting an offer, refer to the following links:

PIEE Registration_ https://piee.eb.mil/ Note: There are two vendor roles (Proposal Manager, Proposal View Only) for PIEE Solicitation Module. The Proposal Manager role is required to submit an offer to a solicitation. Please be advised that when using the PIEE Solicitation Module, the user’s email address in PIEE must match the email address on file in SAM.gov.

PIEE Solicitation Module_ Training and instructions are accessible through PIEE – Web Based Training (WBT) at https://pieetraining.eb.mil/wbt/ (For instructions specific to posting an offer, select ‘Solicitation Module’ -- ‘Proposals (Offers)’ – ‘Posting Offer’) For Frequently Asked Questions (FAQs) and additional training, go to the DoD Procurement Toolbox – eBusiness -- Solicitation Module at https://dodprocurementtoolbox.com/site-pages/solicitation-module

In the unlikely event the PIEE system and/or Solicitation Module is not operational, and the offeror is unable to access or use the system, the Offeror shall immediately notify the Contracting Officer and Contracting Specialist.

Notification must occur prior to the submission deadline and shall be in writing through authorized email identified in the solicitation. If an alternate method for offer submission is authorized via email due to system outages, the Offeror must obtain prior approval from the Contracting Officer to use the alternate submission method.

Ensure all documentation submitted meets supported file extensions identified in PIEE FAQs. Narrative portions of the offer shall be in Adobe Acrobat Portable Document Format (PDF) searchable text format. Embedded sound or video (e.g., MPEG) files are not authorized and shall not be included.

13. BID OPENING PROCEDURES

The virtual bid opening will occur 30 minutes after the due date and time for receipt of bids. The virtual bid opening will occur promptly at 10:30 am Pacific Time on September 18, 2023. Please use the following information:

The link to join the meeting /view on-line is:

https://usace1.webex.com/usace1/j.php?MTID=mfa969d4b4c2dc21cf42b2d29afe9fcff

Meeting number (access code): 2762 979 1459 Meeting password: xCxRVXF2*29

Join by video system Dial 27629791459@usace1.webex.com You can also dial 207.182.190.20 and enter your meeting number.

NOTE: It has been reported the ‘Call Me’ function is the simplest way to connect audio to the meeting. Please use this function if it is provided. Instructions for the ‘Call Me’ function-

1) Enter your phone number.

2) The system will immediately call the number you entered.

3) Answer and follow the prompts to join the meeting.

Join by phone +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll

Access code: 2762 979 1459

*** Please note the Access Code is also the Security Code so you will have to enter the Access Code twice when connecting by phone. The bid opening will begin promptly at 10:30 PM so please allow time for connecting by audio and/or resolving any technical difficulties before the beginning of proceedings.

14. BID FORMAT

Offeror’s Bid shall include the following, in the general format specified below:

A. Standard Form (SF) 1442 and Price Schedule (Filled out in its entirety).

B. All Standard Form (SF) 30 Amendments (If applicable).

C. Bid Guarantee D. Section 00 45 00, Representations and Certifications E. Pre-Award Information found at back of Section 00 45 00 (filled out in its entirety) F. Joint Venture Agreement (If applicable) G. Corporate Certificate, see Section 00 62 00

15. BID GUARANTEE

Please see provision 52.228-1, Bid Guarantee (SEP 1996), in Section 00 21 00.

The amount of the bid guarantee shall be 20 percent (20%) of the bid price or $3 million, whichever is less. Bid Bonds (SF24) must be accompanied by a Power of Attorney containing an original or electronic signature from the surety, which must be affixed to the Power of Attorney after the Power of Attorney has been generated. Computer generated and signed Powers of Attorney will be accepted if accompanied by a certification from a current officer of the surety attesting to its authenticity and continuing validity.

NOTE: Digital scans, or photographed or otherwise reproduced images, of ink signatures are not considered acceptable "electronic signatures." If a required submitted document does not contain electronic signatures, you must submit original hard-copy documents.

Current SF24 forms are available at the following website:

http://www.gsa.gov/portal/forms/type/TOP

16. BASIS OF AWARD

Per FAR 14.408-1(a)(3), award will be made to the responsible bidder whose bid, responsive to the invitation, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation. Award shall not be made until all required approvals have been obtained and the award otherwise conforms to FAR 14.103-2.

17. POINT OF CONTACTS

Contract Specialist: Jeannette Patton; 206-316-3891; jeannette.k.patton@usace.army.mil Contracting Officer: Scott Britt; 206-764-3517; scotty.w.britt@usace.army.mil

For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M. Pacific Time, Monday through Friday.

18. JOINT VENTURE PROPOSAL REQUIREMENTS

When proposing as a joint venture, all members of the joint venture shall sign the SF 1442 and the bid bond, unless a written agreement by the joint venture is furnished with the proposal designating one firm with the authority to bind the other member(s) of the joint venture. In addition, a copy of the fully executed Joint Venture agreement shall be submitted with the proposal. Failure to comply with the foregoing requirements may eliminate the proposal from further consideration.

A small business joint venture offeror must submit, with its offer, the representation required in provision 52.219- 1(c), Small Business Program Representations, and in accordance with 52.204-8(d)

(A) Small business;

(B) Service-disabled veteran-owned small business;

(C) Women-owned small business (WOSB) under the WOSB Program;

(D) Economically disadvantaged women-owned small business under the WOSB Program; or

(E) Historically underutilized business zone small business.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance 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 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.233-3 Protest After Award AUG 1996 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020

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)

52.217-5 Evaluation Of Options JUL 1990

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

7.2% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is

Washington State, Snohomish County, City of Everett.

52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4) such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means--

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

NONE

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction material description Unit of measure Quantity Price (dollars) \*\ Item 1:

Foreign construction material.... ........... ___ ........ ....... ………. ___ ................ ........ ___ Domestic construction material... ........ ___ ............... .............. ___ .................. ...... ___ Item 2:

Foreign construction material.... ......... ___ ............. ........ ……. ___ ............... ......... ___ Domestic construction material... ....... ___ .................. ............. ___ ................. ....... ___ [* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

(End of clause)

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

Contracting Officer U.S. Army Corps of Engineers – Seattle District 4735 E. Marginal Way S., Building 1202 Seattle, WA 98134-2388

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

52.252-1 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 is the site for the following clauses in full text: Federal Acquisition Regulation (FAR) clauses, Department of Defense FAR Supplement (DFARS) clauses, Army FAR Supplement (AFARS) clauses and current authorized deviations.

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Alterations, if applicable, will be incorporated by solicitation amendment.

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.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

INDEX OF DRAWINGS

Condition survey drawings are based on the latest post-dredge and condition surveys available and are provided show conditions on the dates shown. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown.

Minor deviations can be anticipated and shall not be the basis for a claim for extra compensation.

Drawings showing condition surveys and cross section sheets are furnished for information only.

DRAWING

FILE NO.

SHEET

NUMBER

PLATE

NUMBER TITLE

E-2-8-363 1 G-001 Title, Vicinity Map, and Drawing Index E-2-8-363 2 G-101 General Plan E-2-8-363 3 CN501 Snohomish River Channel, Sta. 65+00 to Sta. 78+00 E-2-8-363 4 CN502 Snohomish River Channel, Sta. 337+07 to Sta.

354+47 E-2-8-363 5 CN301 Sections and Details E-2-8-363 6 CN302 Sections and Details E-2-8-363 7 VH401 General Plan for Representative Condition Surveys

REFERENCE DRAWINGS

Reference drawings provided show conditions at time of construction or as specified. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown. Minor deviations can be anticipated and shall not be the basis for a claim for extra compensation.

DRAWING

FILE NO.

SHEET TITLE

E-2-8-361 1 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 2 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 3 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 4 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 5 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 6 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362 E-2-8-361 7 Snohomish Channel, ES 01 EHS 20220525 CS E 2-8-361_362

(End of clause)

Section 00 45 00 - Representations and Certifications

PRE-AWARD INFORMATION

SUBMIT THE FOLLOWING INFORMATION WITH YOUR BID

NOTICE TO BIDDERS REGARDING PRE-AWARD INFORMATION

1. Company Name and Address: _______________________________________________

2. Point of Contact Name: _____________________________________________________

Email address: ________________________________________________________

Telephone Number: ___________________________________________________

3. Electronic Transfer Payments will now be required for all new contracts. Do you currently receive Electronic Transfer Payments from this agency? (agency codes 00005524/00006482)

Yes _______ No _______

4. Name of Bank and Branch: __________________________________________________

Personal Banker: ______________________________________________________

5. Name of Bonding Agent Company: ____________________________________________

Agents Name: ________________________________________________________

6. Contractors are required, before receipt of contract award to ensure that their firm is registered in theGovernment web site entitled System for Award Management (SAM) and that all information required is current and up to date.

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

Ensure that your company’s information is updated for the following areas:

CORE DATA: Ensure that your business types are correctly filled in:

What is your business type? ________________________________________________

(Examples of Business types: Small Business (SB), Small Disadvantaged Business (SDB), Woman-Owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone), Veteran-Owned Small Business (VOSB), Service-Disabled Veteran-Owned Small Business (SDVOSB), and SBA 8(a)).

Unique Entity ID (UEI) Number: _______________________________________________

CAGE Code: ______________________________

TAX ID: _______________________________

REPS & CERTS: Ensure that you have certified the FAR and DFARs provisions (clauses) listed on the Reps & Certs pages.

CORE DATA – Business Types updated: Yes ______ Date: _____________________

REPS & CERTS – Certified Yes ______ Date: ____________________

7. Please provide the following information; it will not be used to evaluate or rank bids. It will be used solely as a reference check for our internal files. List no more than three projects that are substantially complete or have been completed within the last ten years that are similar to this project. Projects should be listed in the following order: Federal projects, state projects, city/county projects, and then commercial projects. Use the following format:

a) Title & Location of Project: ____________________________________________________________

Agency/Company: ______________________________________________________________

Point of Contact (Name &Title): ____________________________________________________

Email address: __________________________________________________________________

Telephone Number: ______________ Award Amount: $ ____________Yr of Completion: _____

b) Title & Location of Project: _____________________________________________________________

c) Title & Location of Project: ____________________________________________________________

8. List all outstanding uncompleted projects, in the following format:

a) Title of Project: ___________________________________________

Agency/Company: _________________________________________

Award Amount: $ ________________ Est. Completion Date: ____________

b) Title of Project: ___________________________________________

c) Title of Project: ___________________________________________

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

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

SEP 2022

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

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237790.

(2) The small business size standard is $37 Million (Dredging).

(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, or 150 employees for information technology value-added resellers under NAICS code 541519, 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.