W912DW24B0016 Everett Clamshell Dredging.pdf

Furnish all labor, materials, and equipment to perform all w ork for FY24 Everett Clamshell Dredging in accordance w ith attached contract provisions, clauses, and technical specif ications.

IMPORTANT NOTICE: Please see Section 00 21 00 for detailed instructions on bid submittal and bid opening procedures.

X

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

12-Jul-2024

(RFP)

(IFB)

CALL:

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

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. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________13 Aug 2024 (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 W912DW

(Title, identifying no., date):

12B. CALENDAR DAYS

09:30 AM (hour)

Sealed envelopes containing offers

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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

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

206-764-6817FAX:TEL: TEL: FAX: 206-764-6817

W912DW24B0016 58

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

PROJECT TABLE OF CONTENTS

EVERETT CLAMSHELL DREDGING

PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION TITLE

SF1442 Solicitation, Offer, and Award

00 10 00 Bid Schedule

00 21 00 Instructions, Conditions and Notice to Offerors

00 45 00 Representations and Certifications and other Statements of Offerors, and Pre-Award Information

00 62 00 Corporate Certificate

00 72 00 Contract Clauses

00 73 00 Supplementary Conditions:

a) AFRAS Provision and Clause:

5152.211-9000 Evaluation of Subline Items (DEC 2019) 5152.211-9001 Variation in Estimated Quantities - Subline Items (DEC 2019)

b) Davis-Bacon General Wage Decision

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

BID SCHEDULE

SECTION 00 10 00

BID SCHEDULE

EVERETT CLAMSHELL DREDGING

CLIN DESCRIPTION OF ITEM

ESTIMATED

QUANTITY

(Note 1) UNIT

UNIT

PRICE AMOUNT

BASE BID ITEMS

1000 Mobilization and Demobilization 1 JOB N/A $

Dredging and Disposal Lower Settling Basin (Sta. 78+00 to Sta. 90+00)

125,000 CY $ $

Dredging and Disposal Channel (Sta.

90+00 to Sta. 120+50)

10,000 CY $ $

4000 Water Quality Monitoring 5 DAY $ $

TOTAL ESTIMATED AMOUNT BASE ITEMS: $______________________

OPTIONAL ITEMS

(Note 2)

Additional Dredging and Disposal (Lower Settling Basin Sta. 78+00 to Sta. 90+00)

Additional Dredging (Sta. 78+00 to Sta.

90+00) and Disposal (Port Gardner)

25,000 CY $ $

Additional Dredging (Sta. 78+00 to Sta.

90+00) and Disposal (Port Gardner)

30,000 CY $ $

Additional Dredging (Sta. 78+00 to Sta.

90+00) and Disposal (Port Gardner)

30,000 CY $ $

Additional Dredging (Sta. 78+00 to Sta.

90+00) and Disposal (Port Gardner)

30,000 CY $ $

(Note 3)

Additional Dredging and Disposal (Channel Sta. 90+00 to Sta. 120+50)

Additional Dredging and Disposal (Sta.

90+00 to Sta. 120+50)

1,500 CY $ $

Additional Dredging and Disposal (Sta.

90+00 to Sta. 120+50)

15,000 CY $ $

Additional Dredging and Disposal (Sta.

90+00 to Sta. 120+50)

15,000 CY $ $

Additional Dredging and Disposal (Sta.

90+00 to Sta. 120+50)

15,000 CY $ $

(Note 4)

Water Quality Monitoring

CLIN DESCRIPTION OF ITEM

ESTIMATED

QUANTITY

(Note 1) UNIT

UNIT

PRICE AMOUNT

4101 Additional WQ Monitoring 3 DAY $ $

4102 Additional WQ Monitoring 22 DAY $ $

(Note 5)

Dredging and Disposal (Sta. 50+00 to 78+00)

Additional Dredging and Disposal (Sta.

50+00 to 78+00)

9,500 CY $ $

Additional Dredging and Disposal (Sta.

50+00 to 78+00)

2,500 CY $ $

Additional Dredging and Disposal (Sta.

50+00 to 78+00)

2,500 CY $ $

Additional Dredging and Disposal (Sta.

50+00 to 78+00)

2,500 CY $ $

Additional Dredging and Disposal (Sta.

50+00 to 78+00)

2,500 CY $ $

TOTAL AMOUNT FOR OPTIONAL ITEM $____________________

TOTAL OF BASE AND OPTIONAL ITEMS $____________________

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

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

Note 2: Option Item No. 2101 is the first subline item, Option Item No 2102 is the second subline item, Option No.

2103 is the third subline item and Option 2104 is the fourth subline item under Item No. 2100.

Note 3: Option Item No. 3101 is the first subline item, Option Item No. 3102 is the second subline item, Option Item No. 3103 is the third subline item and Option Item No. 3104 is the fourth subline item under Item No. 3100.

Note 4: Option Item No. 4101 is the first subline item and Option Item No. 4102 is the second subline item under Item No. 4100.

Note 5: Option Item No. 5101 is the first subline item, Option Item No. 5102 is the second subline item, Option Item No. 5103 is the third subline item, Option Item No. 5104 is the fourth subline item and Option Item No 5105 is the fifth subline item under Item No. 5100.

Note 6: Bids shall not be submitted for quantities less than those specified for each line item.

Note 7: 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.

Note 8: 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--

Section 00 21 00 - Instructions

MAGNITUDE OF CONSTRUCTION

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

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

RETURN THE FOLLOWING WITH YOUR BID:

1. SF 1442 – Solicitation, Offer, and Award

2. Bid Guarantee:

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.

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.

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:

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. Pacific

Time, 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: 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. GOVERNMENT SECURITY REQUIREMENTS:

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

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 W912DW24B0016. 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 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.

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:

a. The only authorized transmission method for bids in response to this solicitation is electronically via Procurement Integrated Enterprise Environment (PIEE) Solicitation Module online submission. NO OTHER TRANSMISSION METHODS (E-MAIL, FACSIMILE, REGULAR

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

The Offeror’s bid must be received by the Government by the date/time specified in the solicitation.

b. Bid Submission Instructions:

The Offeror shall submit its bid electronically through the PIEE Solicitation Module. When posting a bid, 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:

W912DW24B0016- Company Name_Item

Bids will not be accepted if submitted by mail or hand carried and will not be evaluated. Bids 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 bid has been received. All bids 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 this solicitation.

c. PIEE Registration:

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/

10. DoD Procurement Toolbox:

a. 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

b. 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 bid 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.

c. 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.

11. BID OPENING PROCEDURE:

a. The virtual bid opening will occur 30 minutes after the due date and time for receipt of bids.

Virtual bid opening is scheduled for 13 August 2024 at 10:00 AM Pacific Time. Please use the following information:

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

https://usace1.webex.com/usace1/j.php?MTID=md9563fab44eb8a5119d9add8b316e9b5

Meeting ID: 993 787 370 352 Passcode: q7qSf7

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

+1-503-207-9433 United States, Beaverton

Access code: 161 980 70#

b. *** 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 AM so please allow time for connecting by audio and/or resolving any technical difficulties before the beginning of proceedings.

12. BID EXPENSES AND PRE-CONTRACT COSTS:

This IFB does not commit the Government to pay, as a direct charge, any costs incurred in the preparation and submission of a bid.

13. 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.

14. 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.

THIS PROCUREMENT IS: 100% Small Business Set Aside

SITE VISIT:

BIDDING DOCUMENTS: Information on the IFB can be found on the following website [http:///www.sam.gov/ and https://piee.eb.mil.

FOR INQUIRIES AND ADMINISTRATIVE MATTERS: Contact the following individuals Monday through Friday between the hours of 7:00 AM and 2:30 PM Pacific Time:

Name: Hien Ho Email Address: hien.ho@usace.army.mil AND

Sonia Frees Email Address: sonia.m.frees@usace.army.mil

TECHNICAL QUESTIONS:

1. 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.

2. to access the ProjNet website the first time:

a. Step 1: Click the Bid tab

b. Step 2: Clink Bidder Inquiry. (The Agency USACE)

Enter the following information for access:

1. The Bidder Inquiry Key: GK6YD4-9Q8SB6

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

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.

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.

W912DW24B0016

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.233-3 Protest After Award AUG 1996

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).

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 Everett, Snohomish County, WA

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, 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 Alex Marcinkiewicz Contracting Officer Email: Alex.R.Marcinkiewicz@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/

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.

(End of clause)

Section 00 45 00 - Representations and Certifications

PREAWARD INFORMATION

SUBMIT THE FOLLOWING INFORMATION WITH YOUR PROPOSAL

NOTICE TO OFFERORS 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:

Email address:

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/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:

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:

b) Title of Project:

Award Amount: $ Est. Completion Date:

c) Title of Project:

Award Amount: $ Est. Completion Date:

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-3 Taxpayer Identification OCT 1998 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

52.219-2 Equal Low Bids OCT 1995 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

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

(2) The small business size standard is 37000000.

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

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

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

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

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

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

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

FAR Clause Title Date Change

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

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.204-20 Predecessor of Offeror (AUG 2020)

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The…