W912DW23B0007_0001 Solicitation.pdf

IFB No. W912DW23B0007 Date: 07 Sept 2023

Seattle District

FY23 Duwamish Waterway Maintenance Dredging Seattle, Washington

Invitation For Bid

DB-SP JOB # 23002

W68MD922990078

Furnish all labor, materials, and equipment to perform all w ork for FY23 Duw amish Maintenance Dredging in accordance w ith the attached contract provisions, clauses, and technical specifications.

IMPORTANT NOTE: Please see Table of Contents for detailed instructions on bid submittal and bid opening procedures.

X

MICHAEL S HOUTS 206-316-3168

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

08-Sep-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 _______14 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.

local time ______________10 Oct 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

Sealed offers in original and ____0______ copies to perform the w ork required are due at the place specif ied in Item 8 by __11:30 _A__M__ (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:

W912DW23B0007 51

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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

W912DW23B0007

Section 00 10 00 - Solicitation

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

FY23 Duwamish Waterway Maintenance Dredging 23002 Seattle, Washington

W912DW23B0007 00 11 00 - 1

00 11 00

BID SCHEDULE

ITEM

NO. DESCRIPTION OF ITEM

ESTIMATED

QUANTITY

(Note 1) UNIT

UNIT

PRICE AMOUNT

BASE ITEMS

1000 Mobilization and Demobilization 1 JOB N/A $

Dredging and Disposal Turning Basin & Section A - Sta. 254+00 to Sta. 275+56

60,000 CY $ $

3000 Water Quality Monitoring 5 DAY $ $

TOTAL ESTIMATED AMOUNT BASE ITEMS: $

OPTIONAL ITEMS

(Note 2) Additional Dredging and Disposal Turning Basin & Section A – Sta. 254+00 to Sta. 275+56

4101 Additional Dredging and Disposal 3,000 CY $ $

4102 Additional Dredging and Disposal 40,000 CY $ $

(Note 3) Additional Water Quality Monitoring

5101 Additional WQ Monitoring 1 DAY $ $

5102 Additional WQ Monitoring 25 DAY $ $

TOTAL ESTIMATED AMOUNT OPTION ITEMS: $

TOTAL ESTIMATED AMOUNT BASE & OPTION ITEMS: $

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

Note 1: Quantities are ESTIMATED except where shown as “JOB”.

Note 2: Option Item No. 4101 is the first subline item and Option Item No 4102 is the second subline item under Item No. 4100.

Note 3: Option Item No. 5101 is the first subline item and Option Item No 5102 is the second subline item under Item No. 5100.

Note 4: Bids shall not be submitted for quantities less than those specified for each line item.

Note 5: Offerors must insert a price on all numbered items of the Bid Schedule. Prices are on a unit basis. Failure to include pricing for all quantities of all line items will result in rejection of the bid as non-responsive.

FY23 Duwamish Waterway Maintenance Dredging 23002 Seattle, Washington

W912DW23B0007 00 11 00 - 2

Note 6: The contract price will be evaluated based on the total price of all options exercised the maximum number of times, added to the total price of the base items.

DEFINITIONS FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

CY = Cubic Yards

--END OF SECTION--

INSTRUCTIONS

CAUTION TO BIDDERS

SECTION TITLE

SF1442

00 21 00

Solicitation, Offer, and Award

Instructions

00 45 00 Representations and Certifications

00 72 00 Contract Clauses

00 73 00 Davis-Bacon General Wage Decision No. WA80

00 00 00 Technical Specifications: 01 11 00 thru 35 20 23.13

RETURN THE FOLLOWING WITH YOUR BID:

SF1442 - Solicitation, Offer, and Award

Bid Bond -- 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.

Current SF24 forms are available at the following website: http://www.gsa.gov/portal/forms/type/TOP.

Unless specified, the following information does not need to be submitted with your bid, BUT it is required to be completed before the contract can be awarded:

Contractors are 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/

! ! ! C A U T I O N TO B I D D E R S ! ! !

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

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

2. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the representative listed on the Information Page.

3. AMENDED SECTIONS: If any of the amendments furnished amended sections, the amended sections must be used in submitting your offer.

4. MISTAKE IN OFFER: Have you reviewed your offer price for possible errors in calculation or work left out?

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: Contractors are 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. GOVERNMENT SECURITY REQUIREMENTS:

The Offeror’s bid shall be submitted electronically, as described below in Item 9, Bid Submittals. The IFB will provide the receipt date for bid submittal. The Offeror’s bid shall not contained classified data. The use of hyperlinks in bids in prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via DoD PIEE online submission. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR

MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

8. COPIES OF SOLICITATION DOCUMENTS AND AMENDMENTS:

Copies of the solicitation and amendments are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the U.S. Government’s Contract Opportunities website at: https://SAM.gov under Solicitation Number W912DW23B0007. A list of interested vendors (potential offerors and subcontractors) is available on the web site (registration required) with the solicitation announcement.

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

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

Additional information regarding this solicitation and potential Offerors and/or subcontractors is available at http://www.nws.usace.army.mil/BusinessWithUs/Contracting.aspx.

9. Bid Submittals

Offer Submission Instructions

The Offeror shall submit its offer 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:

Solicitation W912DW23B0007

Offers will not be accepted if submitted by mail or hand carried 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.

Please send bids using the link above to Contract Specialist Michael Houts at michael.s.houts@usace.army.mil AND to Contracting Officer Scott Britt at scotty.w.britt@usace.army.mil.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the PIEE site.

Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, it is recommended that you combine or ZIP your files before uploading to the PIEE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: Offerors must email Contract Specialist Michael Houts at michael.s.houts@usace.army.mil AND to Contracting Officer Scott Britt at scotty.w.britt@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the PIEE site. Offerors that fail to e-mail for a request code five (5) working days before the bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the e-mail notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identifiable Information (PII) in the File Description).

FILE NAMING CONVENTION: Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples below. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

W912DW23B0007 -FIRMNAME-Bid W912DW23B0007 -FIRMNAME-Amendments W912DW23B0007 -FIRMNAME-Bid Bonds

A completed bid includes:

- Fully executed Form 1442-with amendments acknowledged

- Bid Bond

- Fully completed Bid Schedule

- Completed Reps and Certs from @SAM.GOV and any fill in FAR clause incorporated by reference or by full text. Submission shall be in Adobe PDF format.

10 BID OPENING PROCEDURE- The virtual bid opening will occur 30 minutes after the due date and time for receipt of bids to allow for the downloading of bids from the DoD PIEE site. Virtual bid opening is scheduled for 10 October 2023 at 12:00 PM Pacific Daylight Time. Please use the following information:

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

https://usace1.webex.com/usace1/j.php?MTID=mda96e66c347a500635946b4a6b3a2d7e

Meeting number (access code): 2762 426 4240 Meeting password: maCejH7a?36

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

1-877-402-9753 Call-in toll-free number (ATT Audio Conference)

W912DW23B0007

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1-669-234-1177 Call-in number (ATT Audio Conference) 2762 581 5714 Access Code

*** 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 12:00 PM so please allow time for connecting by audio and/or resolving any technical difficulties before the beginning of proceedings.

11. BID 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 bid.

12. 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.

13. BASIS OF AWARD

Per FAR 14.408-1(a)(3), award will be made to the responsible bidder whose bid, conforming 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.

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THIS PROCUREMENT IS:

100% Total Small Business Set Aside

SITE VISIT:

BIDDING DOCUMENTS: Register for solicitations at the Internet site: http://www.beta.SAM.gov/

FOR INQUIRIES AND ADMINISTRATIVE MATTERS: Contact the following individuals Monday through Friday between the hours of 7:00 a.m. and 2:30 p.m.:

Michael Houts, 206-316-3168, michael.s.houts@usace.army.mil AND Sonia Frees, 206-764-3516, Sonia.m.frees@usace.army.mil

TECHNICAL QUESTIONS:

All inquiries regarding this solicitation are to be submitted via ProjNet-Bidsm. Telephone and email inquiries will not be accepted. ProjNet-Bidsm is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bidsm can be accessed through ProjNetsm at https://www.projnet.org To access the ProjNet-Bidsm website the first time:

1) Click the Bid tab

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

3) a) Enter the following information for access:

1. The Bidder Inquiry Key: 7J62ZQ-NA7V5F

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) .b) For subsequent access use your email address, the Bid Inquiry Key and response to the

Secret Question to access the ProjNet-Bidsm Module.

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

5) For questions about the ProjNet-Bidsm, please contact the Call Center help desk toll free at 1-800- 428- HELP (4357), which operates from 8AM to 5PM (Central US time zone).

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-Bidsm prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

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.

IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE

PORTION OF THE FORM LISTED BELOW MUST BE COMPLETED. IN THE

ALTERNATIVE, OTHER EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE

AUTHORITY OF THE PERSON SIGNING THE CONTRACT. IF A CORPORATION, THE

SAME OFFICER SHALL NOT EXECUTE BOTH THE CONTRACT AND THE

CERTIFICATE.

CORPORATE CERTIFICATE

I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this contract on behalf of the Contractor was then of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(CORPORATE

(Secretary) SEAL)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Names and Signatures of all Partners)

NAME SIGNATURE

Section 00 21 00 - Instructions

MAGNITUDE OF CONSTRUCTION

The magnitude of construction is estimated to be between $1 million and $5 million.

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

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

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 52.214-7 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 52.215-2 Audit and Records--Negotiation JUN 2020 52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.233-3 Protest After Award AUG 1996 52.252-2 Clauses Incorporated By Reference FEB 1998

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)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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

6.1% 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, King County, City of Seattle.

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:

___ [Contracting Officer to list applicable excepted materials or indicate “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 (20%) percent of the bid price or $3,000,000, 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

US Army, Corps of Engineers, Seattle District

Contracting Officer: Scott Britt Email: Scotty.W.Britt@usace.army.mil

AND

Contract Specialist: Michael Houts Email: Michael.s.houts@usace.army.mil

(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):

FAR- https://www.acquisition.gov/ DFARS- https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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 (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-12-2-1-207 1 G-001 TITLE, VICINITY MAP, AND DRAWING INDEX

E-12-2-1-207 2 G-101 GENERAL PLAN

E-12-2-1-207 3 CN501 RIVER DETAIL - STA. 254+00 TO STA. 275+56

E-12-2-1-207 4 CN301 SECTIONS AND DETAILS

E-12-2-1-207 5 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-12-2-1-211 1 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

E-12-2-1-211 2 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

E-12-2-1-211 3 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

E-12-2-1-211 4 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

E-12-2-1-211 5 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

E-12-2-1-211 6 DUWAMISH WATERWAY, DU_03_DUW_20230424_CS_E_12_2_1_211

Section 00 45 00 - Representations and Certifications

PREAWARD 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: Fax 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:

Email address:

Telephone Number: Fax Number:

5. Name of Bonding Agent Company:

Agents Name:

Telephone Number: Fax Number:

6. Contractors are 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/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)).

DUNS 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):

Telephone Number: Award Amount: $ Yr of Completion:

b) Title & Location of Project:

Point of Contact (Name &Title):

c) Title & Location of Project:

Point of Contact (Name &Title):

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

a) Title of Project:

Award Amount: $ Est. Completion Date:

b) Title of Project:

Agency/Company:

Award Amount: $ Est. Completion Date:

c) Title of Project:

Award Amount: $ Est. Completion Date:

CLAUSES INCORPORATED BY REFERENCE

52.204-3 Taxpayer Identification OCT 1998 52.209-7…